42 U.S.C. § 7237 — Priority placement, job placement, re-

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 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, which could be extended for no more than one addi- tional year, may be made or reimbursed from appropriations available to the Department. (Pub. L. 104–271, title III, § 301, Oct. 9, 1996, 110 Stat. 3307.) Editorial Notes CODIFICATION Section was enacted as part of the Hydrogen Future Act of 1996, and not as part of the Department of En- ergy Organization Act which comprises this chapter. Statutory Notes and Related Subsidiaries DEFINITIONS Pub. L. 104–271, § 2, Oct. 9, 1996, 110 Stat. 3304, provided that: ‘‘For purposes of titles II and III [enacting this section and provisions set out as a note under section 12403 of this title]— ‘‘(1) the term ‘Department’ means the Department of Energy; and ‘‘(2) the term ‘Secretary’ means the Secretary of Energy.’’ § 7239. Transferred Editorial Notes CODIFICATION Section, Pub. L. 106–65, div. C, title XXXI, § 3164, Oct. 5, 1999, 113 Stat. 946, which related to the whistleblower protection program, was renumbered section 4602 of Pub. L. 107–314, the Bob Stump National Defense Au- thorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(i)(3)(A)–(C), Nov. 24, 2003, 117 Stat. 1776, and is classified to section 2702 of Title 50, War and National Defense. PART C—GENERAL ADMINISTRATIVE PROVISIONS § 7251. General authority To the extent necessary or appropriate to per- form any function transferred by this chapter, the Secretary or any officer or employee of the Department may exercise, in carrying out the function so transferred, any authority or part thereof available by law, including appropria- tion Acts, to the official or agency from which such function was transferred. (Pub. L. 95–91, title VI, § 641, Aug. 4, 1977, 91 Stat. 598.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 95–91, Aug. 4, 1977, 91 Stat. 565, known as the Department of Energy Organization Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of this title and Tables. Statutory Notes and Related Subsidiaries IMPROVEMENT AND STREAMLINING OF THE MISSIONS AND OPERATIONS OF THE DEPARTMENT OF ENERGY AND NATIONAL NUCLEAR SECURITY ADMINISTRATION Pub. L. 112–239, div. C, title XXXI, § 3120, Jan. 2, 2013, 126 Stat. 2174, provided that: ‘‘(a) IN GENERAL.—The Secretary of Energy and the Administrator for Nuclear Security shall review and, to the extent practicable, revise the Department of En- ergy Acquisition Regulation and other regulations, rules, directives, orders, and policies that apply to the administration, execution, and oversight of the mis- sions and operations of the Department of Energy and the National Nuclear Security Administration to im- prove and streamline such administration, execution, and oversight. ‘‘(b) IMPROVEMENT AND STREAMLINING.—In carrying out subsection (a), the Secretary and the Adminis- trator shall review and, to the extent practicable, carry out the following actions: ‘‘(1) Streamline business processes and structures to reduce unnecessary, burdensome, or duplicative approvals. ‘‘(2) Delegate approval for work for others agree- ments and cooperative research and development agreements (except those that the Secretary or Ad- ministrator determine are high value or unique) to the lowest appropriate officials and streamline the approval processes. ‘‘(3) Establish processes for ensuring routine or low- risk procurement and subcontracting decisions are made at the discretion of the management and oper- ating contractors while ensuring that the Secretary or Administrator apply appropriate oversight. ‘‘(4) Assess procurement thresholds as of the date of the enactment of this Act [Jan. 2, 2013] and take steps as appropriate to adjust such thresholds. ‘‘(5) Eliminate duplicative or low-value reports and data calls and ensure consistency in management and cost-accounting data. ‘‘(6) Actions to otherwise streamline, clarify, and eliminate redundancy in the regulations, rules, direc- tives, orders, and policies described by subsection (a). ‘‘(c) BRIEFING.— ‘‘(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act [Jan. 2, 2013], the