
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7237]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 84--DEPARTMENT OF ENERGY
 
                SUBCHAPTER VI--ADMINISTRATIVE PROVISIONS
 
                      Part B--Personnel Provisions
 
Sec. 7237. Priority placement, job placement, retraining, and 
        counseling programs for United States Department of Energy 
        employees affected by reduction in force
        

(a) Definitions

    (1) For the purposes of this section, the term ``agency'' means the 
United States Department of Energy.
    (2) For the purposes of this section, the term ``eligible employee'' 
means any employee of the agency who--
        (A) is scheduled to be separated from service due to a reduction 
    in force under--
            (i) regulations prescribed under section 3502 of title 5; or
            (ii) procedures established under section 3595 of title 5; 
        or

        (B) is separated from service due to such a reduction in force, 
    but does not include--
            (i) an employee separated from service for cause on charges 
        of misconduct or delinquency; or
            (ii) an employee who, at the time of separation, meets the 
        age and service requirements for an immediate annuity under 
        subchapter III of chapter 83 or chapter 84 of title 5.

(b) Priority placement and retraining program

    Not later than 30 days after September 30, 1996, the United States 
Department of Energy shall establish an agency-wide priority placement 
and retraining program for eligible employees.

(c) Filling vacancy from outside agency

    The priority placement program established under subsection (b) of 
this section shall include provisions under which a vacant position 
shall not be filled by the appointment or transfer of any individual 
from outside of the agency if--
        (1) there is then available any eligible employee who applies 
    for the position within 30 days of the agency issuing a job 
    announcement and is qualified (or can be trained or retrained to 
    become qualified within 90 days of assuming the position) for the 
    position; and
        (2) the position is within the same commuting area as the 
    eligible employee's last-held position or residence.

(d) Job placement and counseling services

    The head of the agency may establish a program to provide job 
placement and counseling services to eligible employees. A program 
established under subsection (d) of this section may include, but is not 
limited to, such services as--
        (1) career and personal counseling;
        (2) training and job search skills; and
        (3) job placement assistance, including assistance provided 
    through cooperative arrangements with State and local employment 
    services offices.

(Pub. L. 104-206, title III, Sec. 301, Sept. 30, 1996, 110 Stat. 2999.)

                          Codification

    Section was enacted as part of the Energy and Water Development 
Appropriations Act, 1997, and not as part of the Department of Energy 
Organization Act which comprises this chapter.
