42 U.S.C. § 7293 — Agency terminations

Page 7112 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7292 1 So in original. Probably should be ‘‘functions’’. 1 See References in Text note below. to this subsection shall only be used for the pur- poses for which the funds were originally au- thorized and appropriated. (b) Positions expressly specified by statute or reorganization plan to carry out function 1 transferred by this chapter, personnel occupying those positions on October 1, 1977, and personnel authorized to receive compensation in such posi- tions at the rate prescribed for offices and posi- tions at level I, II, III, IV, or V of the executive schedule (5 U.S.C. 5312–5316) on October 1, 1977, shall be subject to the provisions of section 7293 of this title. (Pub. L. 95–91, title VII, § 701, Aug. 4, 1977, 91 Stat. 605.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (b), was in the original ‘‘this Act’’, meaning Pub. L. 95–91, Aug. 4, 1977, 91 Stat. 565, known as the Department of Energy Organization Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of this title and Tables. CODIFICATION In subsec. (a), ‘‘section 1531 of title 31’’ substituted for ‘‘section 202 of the Budget and Accounting Proce- dures Act of 1950 [31 U.S.C. 581c]’’ on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first sec- tion of which enacted Title 31, Money and Finance. § 7292. Effect on personnel (a) Full-time and part-time personnel holding permanent positions Except as otherwise provided in this chapter, the transfer pursuant to this subchapter of full- time personnel (except special Government em- ployees) and part-time personnel holding perma- nent positions pursuant to this subchapter shall not cause any such employee to be separated or reduced in grade or compensation for one year after August 4, 1977, except that full-time tem- porary personnel employed at the Energy Re- search Centers of the Energy Research and De- velopment Administration upon the establish- ment of the Department who are determined by the Department to be performing continuing functions may at the employee’s option be con- verted to permanent full-time status within one hundred and twenty days following their trans- fer to the Department. The employment levels of full-time permanent personnel authorized for the Department by other law or administrative action shall be increased by the number of em- ployees who exercise the option to be so con- verted. (b) Person who held position compensated in ac- cordance with chapter 53 of title 5 Any person who, on October 1, 1977, held a po- sition compensated in accordance with the Exec- utive Schedule prescribed in chapter 53 of title 5, and who, without a break in service, is ap- pointed in the Department to a position having duties comparable to those performed imme- diately preceding his appointment shall con- tinue to be compensated in his new position at not less than the rate provided for his previous position, for the duration of his service in the new position. (c) Employees holding reemployment rights ac- quired under section 786 of title 15 Employees transferred to the Department holding reemployment rights acquired under section 786 of title 15 1 or any other provision of law or regulation may exercise such rights only within one hundred twenty days from October 1, 1977, or within two years of acquiring such rights, whichever is later. Reemployment rights may only be exercised at the request of the em- ployee. (Pub. L. 95–91, title VII, § 702, Aug. 4, 1977, 91 Stat. 605.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning Pub. L. 95–91, Aug. 4, 1977, 91 Stat. 565, known as the Department of Energy Orga- nization Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of this title and Tables. This subchapter, referred to in subsec. (a), was in the original ‘‘this title’’ meaning title VII of Pub. L. 95–91, Aug. 4, 1977, 91 Stat. 605, which enacted this subchapter and section 916 of Title 7, Agriculture, amended sec- tions 6833 and 6839 of this title, section 19 of Title 3, The President, sections 101, 5108, and 5312 to 5316 of Title 5, Government Organization and Employees, section 1701z–8 of Title 12, Banks and Banking, and sections 766, 790a, and 790d of Title 15, Commerce and Trade, re- pealed sections 2036 and 5818 of this title and sections 763, 768 and 786 of Title 15, enacted provisions set out as a note under 2201 of this title, and repealed provisions set out as a note under section 761 of Title 15. For com- plete classification of this Act to the Code, see Short Title note set out under section 7101 of this title and Tables. Section 786 of title 15, referred to in subsec. (c), was repealed by Pub. L. 95–91, title VII, § 709(a)(1), Aug. 4, 1977, 91 Stat. 607. Executive Documents EX. ORD. NO. 12026. REINSTATEMENT RIGHTS OF CERTAIN EMPLOYEES OF DEPARTMENT OF ENERGY Ex. Ord. No. 12026, Dec. 5, 1977, 42 F.R. 61849, provided: By virtue of the authority vested in me by Sections 3301 and 3302 of Title 5 of the United States Code, and as President of the United States of America, the serv- ice of an employee of the Atomic Energy Commission or of the Energy Research and Development Adminis- tration pursuant to a Regular or Regular (Conditional) appointment, other than such service in an attorney position, who was transferred to the Department of En- ergy pursuant to the Department of Energy Organiza- tion Act (91 Stat. 565; 42 U.S.C. 7101 et seq.) shall be con- sidered as Career or Career-Conditional service, respec- tively, for purposes of eligibility for reinstatement in the competitive Civil Service. JIMMY CARTER. § 7293. Agency terminations Except as otherwise provided in this chapter, whenever all of the functions vested by law in any agency, commission, or other body, or any Page 7113 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7295 component thereof, have been terminated or transferred from that agency, commission, or other body, or component by this chapter, the agency, commission, or other body, or compo- nent, shall terminate. If an agency, commission, or other body, or any component thereof, termi- nates pursuant to the preceding sentence, each position and office therein which was expressly authorized by law, or the incumbent of which was authorized to receive compensation at the rates prescribed for an office or position at level II, III, IV, or V of the Executive Schedule (5 U.S.C. 5313–5316), shall terminate. (Pub. L. 95–91, title VII, § 703, Aug. 4, 1977, 91 Stat. 606.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 95–91, Aug. 4, 1977, 91 Stat. 565, known as the Department of Energy Organization Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of this title and Tables. § 7294. Incidental transfers The Director of the Office of Management and Budget, in consultation with the Secretary and the Commission, is authorized and directed to make such determinations as may be necessary with regard to the transfer of functions which relate to or are utilized by an agency, commis- sion or other body, or component thereof af- fected by this chapter, to make such additional incidental dispositions of personnel, assets, li- abilities, contracts, property, records, and unex- pended balances of appropriations, authoriza- tions, allocations, and other funds held, used, arising from, available to or to be made avail- able in connection with the functions trans- ferred by this chapter, as he may deem nec- essary to accomplish the purposes of this chap- ter. (Pub. L. 95–91, title VII, § 704, Aug. 4, 1977, 91 Stat. 606.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 95–91, Aug. 4, 1977, 91 Stat. 565, known as the Department of Energy Organization Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of this title and Tables. § 7295. Savings provisions (a) Orders, determinations, rules, etc., in effect prior to effective date of this chapter All orders, determinations, rules, regulations, permits, contracts, certificates, licenses, and privileges— (1) which have been issued, made, granted, or allowed to become effective by the President, any Federal department or agency or official thereof, or by a court of competent jurisdic- tion, in the performance of functions which are transferred under this chapter to the De- partment or the Commission after August 4, 1977, and (2) which are in effect on October 1, 1977, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Secretary, the Federal Energy Regulatory Commission, or other authorized of- ficials, a court of competent jurisdiction, or by operation of law. (b) Proceedings or applications for licenses, per- mits, etc., pending at effective date of this chapter; regulations (1) The provisions of this chapter shall not af- fect any proceedings or any application for any license, permit, certificate, or financial assist- ance pending on October 1, 1977, before any de- partment, agency, commission, or component thereof, functions of which are transferred by this chapter; but such proceedings and applica- tions, to the extent that they relate to functions so transferred, shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this chapter had not been enacted; and orders issued in any such proceedings shall continue in effect until modi- fied, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any such pro- ceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this chapter had not been enacted. (2) The Secretary and the Commission are au- thorized to promulgate regulations providing for the orderly transfer of such proceedings to the Department or the Commission. (c) Suits commenced prior to effective date of this chapter Except as provided in subsection (e)— (1) the provisions of this chapter shall not affect suits commenced prior to October 1, 1977, and (2) in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and effect as if this chapter had not been enacted. (d) Suits, actions, etc., commenced by or against any officer or agency or cause of action by or against any department or agency No suit, action, or other proceeding com- menced by or against any officer in his official capacity as an officer of any department or agency, functions of which are transferred by this chapter, shall abate by reason of the enact- ment of this chapter. No cause of action by or against any department or agency, functions of which are transferred by this chapter, or by or against any officer thereof in his official capac- ity shall abate by reason of the enactment of this chapter. (e) Suits with officers, departments, or agencies as parties If, before October 1, 1977, any department or agency, or officer thereof in his official capac-