
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7292]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 84--DEPARTMENT OF ENERGY
 
    SUBCHAPTER VII--TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS
 
Sec. 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 
employees) and part-time personnel holding permanent 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 temporary personnel employed at the Energy 
Research Centers of the Energy Research and Development Administration 
upon the establishment of the Department who are determined by the 
Department to be performing continuing functions may at the employee's 
option be converted to permanent full-time status within one hundred and 
twenty days following their transfer 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 
employees who exercise the option to be so converted.

(b) Person who held position compensated in accordance with chapter 53 
        of title 5

    Any person who, on October 1, 1977, held a position compensated in 
accordance with the Executive Schedule prescribed in chapter 53 of title 
5, and who, without a break in service, is appointed in the Department 
to a position having duties comparable to those performed immediately 
preceding his appointment shall continue 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 acquired 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 employee.
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    \1\ See References in Text note below.
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(Pub. L. 95-91, title VII, Sec. 702, Aug. 4, 1977, 91 Stat. 605.)

                       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, as amended, 
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.
    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 sections 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, repealed 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 complete 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, Sec. 709(a)(1), Aug. 4, 1977, 91 Stat. 607.

    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 service of an employee of the Atomic Energy Commission 
or of the Energy Research and Development Administration pursuant to a 
Regular or Regular (Conditional) appointment, other than such service in 
an attorney position, who was transferred to the Department of Energy 
pursuant to the Department of Energy Organization Act (91 Stat. 565; 42 
U.S.C. 7101 et seq.) shall be considered as Career or Career-Conditional 
service, respectively, for purposes of eligibility for reinstatement in 
the competitive Civil Service.
                                                           Jimmy Carter.
