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42 U.S.C. § 7238 — Priority placement, job placement, retraining, and counseling programs for United States Department of Energy employees affected by reduction in force
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3502&num=0&edition=prelim); or
(ii) procedures established under [section 3595 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3595&num=0&edition=prelim); 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) 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 pos
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7238
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Stable record: federal_law:legal_authorities:record_usc_24c31f10efdcd8655a8e1c22
Source file: Laws/federal/codes/united-states-code/title-42/section-7238-priority-placement-job-placement-retraining-and-counseling-programs-for--f2ab18e5e3.md
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Source location: Title 42, Chapter 84, § 7238; chapter-084-department-of-energy.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3502&num=0&edition=prelim); or
(ii) procedures established under [section 3595 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3595&num=0&edition=prelim); 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) 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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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Office of Personnel Management shall prescribe regulations for the release of competing employees in a reduction in force which give due effect to—
(1) tenure of employment;
(2) military preference, subject to [section 3501(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3501/a/3&num=0&edition=prelim);
(3) length of service; and
(4) efficiency or performance ratings.
In computing length of service, a competing employee—
(A) who is not a retired member of a uniformed service is entitled to credit for the total length of time in active service in the armed forces;
(B) who is a retired member of a uniformed service is entitled to credit for—
(i) the length of time in active service in the armed forces during a war, or in a campaign or expedition for which a campaign badge has been authorized; or
(ii) the total length of time in active service in the armed forces if he is included under section 3501(a)(3)(A), (B), or (C) of this title; and
(C) is entitled to credit for—
(i) service rendered as an employee of a county committee established pursuant to section 8(b) of the Soil Conservation and Allotment Act or of a committee or association of producers described in section 10(b) of the Agricultural Adjustment Act; and
(ii) service rendered as an employee described in section 2105(c) if such employee moves or has moved, on or after January 1, 1966, without a break in service of more than 3 days, from a position in a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard to a position in the Department of Defense or the Coast Guard, respectively, that is not described in section 2105(c).
**(b)** A preference eligible described in [section 2108(3)(C) of this title](https
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3502
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** An agency shall establish competitive procedures for determining who shall be removed from the Senior Executive Service in any reduction in force of career appointees within that agency. The competitive procedures shall be designed to assure that such determinations are primarily on the basis of performance, as determined under subchapter II of chapter 43 of this title.
**(b)**
(1) This subsection applies to any career appointee who has successfully completed the probationary period prescribed under [section 3393(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3393/d&num=0&edition=prelim).
(2) Except as provided in paragraphs (4) and (5), a career appointee may not be removed from the Senior Executive Service due to a reduction in force within an agency.
(3) A career appointee who, but for this subsection, would be removed from the Senior Executive Service due to a reduction in force within an agency—
(A) is entitled to be assigned by the head of that agency to a vacant Senior Executive Service position for which the career appointee is qualified; or
(B) if the agency head certifies, in writing, to the Office of Personnel Management that no such position is available in the agency, shall be placed by the Office in any agency in any vacant Senior Executive Service position unless the head of that agency determines that the career appointee is not qualified for that position.
The Office of Personnel Management shall take all reasonable steps to place a career appointee under subparagraph (B) and may require any agency to take any action which the Office considers necessary to carry out any such placement.
(4) A career appointee who is not assigned under paragraph (3)(A) may be removed from the Senior Execut
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3595
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Finding** Congress finds that it is in the national interest to accelerate efforts to develop a domestic capability to economically produce hydrogen in quantities that will make a significant contribution toward reducing the Nation’s dependence on conventional fuels.
**(b) Purposes** The purposes of this chapter are—
(1) to direct the Secretary of Energy to conduct a research, development, and demonstration program leading to the production, storage, transport, and use of hydrogen for industrial, residential, transportation, and utility applications;
(2) to direct the Secretary to develop a technology assessment and information transfer program among the Federal agencies and aerospace, transportation, energy, and other entities; and
(3) to develop renewable energy resources as a primary source of energy for the production of hydrogen.
**(c) Definitions** As used in this chapter, the term:
(1) “critical technology” (or “critical technical issue”) means a technology (or issue) that, in the opinion of the Secretary, requires understanding and development in order to take the next needed step in the development of hydrogen as an economic fuel or storage medium;
(2) “Department” means the Department of Energy; and
(3) “Secretary” means the Secretary of Energy.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12401
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Federal law — U.S. Code and appendices · legal_authorities
Page 7085
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 7251
of the Department of Energy Organization Act which
comprises this chapter.
§ 7238. Temporary appointments for scientific
and technical experts in Department of En-
ergy research and development programs
(a) The Secretary, utilizing authority under
other applicable law and the authority of this
section, may appoint for a limited term, or on a
temporary basis, scientists, engineers, and other
technical and professional personnel on leave of
absence from academic, industrial, or research
institutions to work for the Department.
(b) The Department may pay, to the extent au-
thorized for certain other Federal employees by
section 5723 of title 5, travel expenses for any in-
dividual appointed for a limited term or on a
temporary basis and transportation expenses of
his or her immediate family and his or her
household goods and personal effects from that
individual’s residence at the time of selection or
assignment to his or her duty station. The De-
partment may pay such travel expenses to the
same extent for such an individual’s return to
the former place of residence from his or her
duty station, upon separation from the Federal
service following an agreed period of service.
The Department may also pay a per diem allow-
ance at a rate not to exceed the daily amounts
prescribed under section 5702 of title 5 to such an
individual, in lieu of transportation expenses of
the immediate family and household goods and
personal effects, for the period of his or her em-
ployment
with
the
Department.
Notwith-
standing any other provision of law, the employ-
er’s contribution to any retirement, life insur-
ance, or health benefit plan for an individual ap-
pointed for a term of one year or less, whic
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 7238
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