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42 U.S.C. § 7292 — Transfer and allocations of appropriations and personnel

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7292 — Transfer and allocations of appropriations and personnel

**(a)** Except as otherwise provided in this chapter, the personnel employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balance of appropriations authorizations, allocations, and other funds employed, held, used, arising from, available to or to be made available in connection with the functions transferred by this chapter, subject to [section 1531 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1531&num=0&edition=prelim), are hereby transferred to the Secretary for appropriate allocation. Unexpended funds transferred pursuant to this subsection shall only be used for the purposes for which the funds were originally authorized and appropriated. **(b)** Positions expressly specified by statute or reorganization plan to carry out function 11 So in original. Probably should be “functions”. transferred by this chapter, personnel occupying those positions on October 1, 1977, and personnel authorized to receive compensation in such positions at the rate prescribed for offices and positions at level I, II, III, IV, or V of the executive schedule ([5 U.S.C. 5312–531](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5312–531&num=0&edition=prelim)6) on October 1, 1977, shall be subject to the provisions of [section 7293 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7293&num=0&edition=prelim).

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Source file: Laws/federal/codes/united-states-code/title-42/section-7292-transfer-and-allocations-of-appropriations-and-personnel--a0dd1f5b7c.md
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Source location: Title 42, Chapter 84, § 7292; chapter-084-department-of-energy.md

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7293 — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section786&num=0&edition=prelim)** Employees tra

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7101 — Transferred

### Statutory Notes #### Codification Sections 7386 to 7386k, Pub. L. 107–314, div. C, title XXXVI, §§ 3620–3631, Dec. 2, 2002, 116 Stat. 2756–2762, were renumbered sections 4701 to 4712, respectively, of Pub. L. 107–314 by Pub. L. 108–136, div. C, title XXXI, § 3141(j)(2)(A)–(C), Nov. 24, 2003, 117 Stat. 1781, and were formerly classified to sections 2741 to 2752, respectively, of Title 50, War and National Defense. See sections 6271 to 6283, repsectively, of Title 10, Armed Forces. Section 7386 related to definitions for purposes of former sections 7386 to 7386k of this title. Section 7386a related to reprogramming of amounts appropriated pursuant to a Department of Energy national security authorization. Section 7386b related to minor construction projects. Section 7386c related to limits on construction projects. Section 7386d related to fund transfer authority. Section 7386e related to conceptual and construction design. Section 7386f related to authority for emergency planning, design, and construction activities. Section 7386g related to scope of authority to carry out plant projects. Section 7386h related to availability of funds. Section 7386i related to transfer of defense environmental management funds. Section 7386j related to transfer of weapons activities funds. Section 7386k related to funds available for all national security programs of the Department of Energy.

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 1531 — Transfers of functions and activities

**(a)** The balance of an appropriation available and necessary to finance or discharge a function or activity transferred or assigned under law within an executive agency or from one executive agency to another may be transferred to and used— (1) by the organizational unit or agency to which the function or activity was transferred or assigned; and (2) for a purpose for which the appropriation was originally available. **(b)** The head of the executive agency determines the amount that, with the approval of the President, is necessary to be transferred when the transfer or assignment of the function or activity is within the agency. The President determines the amount necessary to be transferred when the transfer or assignment of the function or activity is from one executive agency to another. **(c)** A balance transferred under this section is— (1) credited to an applicable existing or new appropriation account; (2) merged with the amount in an account to which the balance is credited; and (3) with the amount with which the balance is merged, accounted for as one amount. **(d)** New appropriation accounts may be established to carry out subsection (c)(1) of this section.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3301 — Civil service; generally

**(a) In General.—** The President may— (1) prescribe such regulations for the admission of individuals into the civil service in the executive branch as will best promote the efficiency of that service; (2) ascertain the fitness of applicants as to age, health, character, knowledge, and ability for the employment sought; and (3) appoint and prescribe the duties of individuals to make inquiries for the purpose of this section. **(b) DOD Procedures.—** The President may authorize the Department of Defense to determine the qualification, examination, and assessment procedures for positions in the competitive service based primarily on job-related competencies and skills, including the use of structured interviews, technical evaluations, or skills-based assessments, and alternative assessments.

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42 U.S.C. § 7292 — Effect on personnel

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

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5312 — Positions at level I

Level I of the Executive Schedule applies to the following positions for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5312 — Positions at level I

Page 547 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5312 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, § 305] of Pub. L. 101–509, set out as a note under section 5301 of this title. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–54 effective July 12, 1979, see section 2(b) of Pub. L. 96–54, set out as a note under section 305 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–454 effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415 of Pub. L. 95–454, set out as an Effective Date note under section 3131 of this title. PLAN FOR AUTHORIZING EXECUTIVE LEVEL POSITIONS IN EXECUTIVE BRANCH; PRESIDENTIAL SUBMISSION TO CONGRESS Section 414(b)(2) of Pub. L. 95–454 required President to transmit by Jan. 1, 1980, a plan to Congress for au- thorizing executive level positions in executive branch. § 5312. Positions at level I Level I of the Executive Schedule applies to the following positions for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by section 5318 of this title: Secretary of State. Secretary of the Treasury. Secretary of Defense. Attorney General. Secretary of the Interior. Secretary of Agriculture. Secretary of Commerce. Secretary of Labor. Secretary of Health and Human Services. Secretary of Housing and Urban Develop- ment. Secretary of Transportation. United States Trade Representative. Secretary of Energy. Secretary of Education. Secretary of Veterans Affairs. Secretary of Homeland Security. Director of the Office of Management and Budget. Commissioner of Social Security, Social Se

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