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Title 42, The Public Health and WelfareRelease 119-110

§7292 Effect on Personnel

Title 42 › CHAPTER 84 — DEPARTMENT OF ENERGY › SUBCHAPTER VII — TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS › § 7292

Last updated Sep 23, 2026|Official source

Summary

Transfers to the Department must not cause most full-time or permanent part-time employees to be fired or bumped down in rank or pay for one year after August 4, 1977. Special Government employees are excluded. Full-time temporary workers at the Energy Research Centers who are doing ongoing work can choose to become permanent full-time employees within 120 days after they move to the Department. The Department’s allowed staffing level will go up by the number who choose that conversion. People who on October 1, 1977, held jobs paid under the Executive Schedule and who, without a break in service, take a comparable job in the Department must be paid at least the same rate they had before for as long as they stay in that job. Employees transferred to the Department who have reemployment rights under section 786 of title 15 or other law may use those rights only within 120 days from October 1, 1977, or within two years of getting the rights, whichever is later, and only if the employee asks to use them.

Full Legal Text

Title 42, §7292

The Public Health and Welfare, Source: USLM XML via OLRC

(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 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.

Legislative History

Notes & Related Subsidiaries

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 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 section 6833 and 6839 of this title, section 19 of Title 3, The President, section 101, 5108, and 5312 to 5316 of Title 5, Government Organization and Employees, section 1701z–8 of Title 12, Banks and Banking, and section 766, 790a, and 790d of Title 15, Commerce and Trade, repealed section 2036 and 5818 of this title and section 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, § 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 section 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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 7292

Title 42, The Public Health and Welfare

Last Updated

Sep 23, 2026

Release point: 119-110