---
kind: "section"
citation: "42 U.S.C. § 7237"
title: "42"
title_heading: "The Public Health and Welfare"
number: "7237"
heading: "Priority placement, job placement, retraining, and counseling programs for United States Department of Energy employees affected by reduction in force"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/7237"
units:
  - "Chapter 84 — Department of Energy"
  - "Subchapter VI — Administrative Provisions"
  - "Part B — Personnel Provisions"
---

# §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](/usc/42/8262.md?p=1)” means the United States Department of Energy.
  - (2) For the purposes of this section, the term “eligible employee” means any employee of the [agency](/usc/42/8262.md?p=1) 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](/usc/5/3502.md); or
      - (ii) procedures established under [section 3595 of title 5](/usc/5/3595.md); 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](/usc/42/chch83.md) 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](/usc/42/8262.md?p=1)-wide priority placement and retraining program for eligible employees.
- (c) **Filling vacancy from outside agency—** The priority placement program established under [subsection (b)](#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](/usc/42/8262.md?p=1) if—
  - (1) there is then available any eligible employee who applies for the position within 30 days of the [agency](/usc/42/8262.md?p=1) 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](/usc/42/8262.md?p=1) may establish a program to provide job placement and counseling services to eligible employees. A program established under [subsection (d)](#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](/usc/42/2021b.md?p=14) and local employment services offices.

## Source credit

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

## Notes

### 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.