# § 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** September 30, 1996
Not later than 30 days after , 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) 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) 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.
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**Source Credit**: (Pub. L. 104–206, title III, § 301, Sept. 30, 1996, 110 Stat. 2999.)
## Editorial Notes
### 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.