42 U.S.C. § 7235 — Armed services personnel

Page 7084 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7235 or employee of a management and operating contractor of the Department of Energy, when serving as a mem- ber of a group reviewing or advising on matters related to any one or more management and operating con- tracts of the Department, shall be treated as an officer or employee of the Department for purposes of deter- mining whether the group is an advisory committee within the meaning of section 1001 of title 5, United States Code.’’ § 7235. Armed services personnel (a) The Secretary is authorized to provide for participation of Armed Forces personnel in car- rying out functions authorized to be performed, on August 4, 1977, in the Energy Research and Development Administration and under chapter 869 of title 10. Members of the Armed Forces may be detailed for service in the Department by the Secretary concerned (as such term is de- fined in section 101 of such title) pursuant to co- operative agreements with the Secretary. (b) The detail of any personnel to the Depart- ment under this section shall in no way affect status, office, rank, or grade which officers or enlisted men may occupy or hold or any emolu- ment, perquisite, right, privilege, or benefit in- cident to, or arising out of, such status, office, rank, or grade. A member so detailed shall not be subject to direction or control by his armed force, or any officer thereof, directly or indi- rectly, with respect to the responsibilities exer- cised in the position to which detailed. (Pub. L. 95–91, title VI, § 625, Aug. 4, 1977, 91 Stat. 598; Pub. L. 95–509, title II, § 210, Oct. 24, 1978, 92 Stat. 1779; Pub. L. 115–232, div. A, title VIII, § 809(n)(3)(B), Aug. 13, 2018, 132 Stat. 1844.) Editorial Notes AMENDMENTS 2018—Subsec. (a). Pub. L. 115–232 substituted ‘‘chapter 869 of title 10’’ for ‘‘chapter 641 of title 10’’. 1978—Subsec. (b). Pub. L. 95–509 struck out require- ment that a detailed member be charged to the limita- tions applicable to the Department and prohibition of such member from being charged to any statutory or other limitation or strengths applicable to the Armed Forces. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces. § 7236. Transferred Editorial Notes CODIFICATION Section, Pub. L. 101–189, div. C, title XXXI, § 3142, Nov. 29, 1989, 103 Stat. 1680, which related to executive management training in the Department of Energy, was renumbered section 4621 of Pub. L. 107–314, the Bob Stump National Defense Authorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(i)(8)(A)–(C), Nov. 24, 2003, 117 Stat. 1778, and is classified to section 2721 of Title 50, War and National Defense. § 7237. Priority placement, job placement, re- training, and counseling programs for United States Department of Energy employees af- fected 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 delin- quency; or (ii) an employee who, at the time of sepa- ration, meets the age and service require- ments for an immediate annuity under sub- chapter 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 place- ment and retraining program for eligible em- ployees. (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 em- ployee who applies for the position within 30 days of the agency issuing a job announce- ment and is qualified (or can be trained or re- trained to become qualified within 90 days of assuming the position) for the position; and (2) the position is within the same com- muting 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 pro- gram to provide job placement and counseling services to eligible employees. A program estab- lished 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 as- sistance provided through cooperative ar- rangements with State and local employment services offices. (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