PUBLIC LAW 104-206—SEPT. 30, 1996 110 STAT. 2999 GENERAL PROVISIONS PRIORITY PLACEMENT, JOB PLACEMENT, RETRAINING, AND COUNSEL- ING PROGRAMS FOR UNITED STATES DEPARTMENT OF ENERGY EMPLOYEES AFFECTED BY A REDUCTION IN FORCE SEC. 301. (a) DEFINITIONS.— 42 USC 7237. (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, United States Code; or (ii) procedures established under section 3595 of title 5, United States Code; 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, United States Code. (b) PRIORITY PLACEMENT AND RETRAINING PROGRAM.—Not later Establishment. than 30 days after the date of the enactment of this Act, the United States Department of Energy shall establish an agency- wide priority placement and retraining program for eligible employees. (c) 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 employ- ment services offices. SEC. 302. None of the funds appropriated by this or any other 42 USC 7252 Act may be used to implement section 3140 of H.R. 3230 as reported note by the Committee of Conference on July 30, 1996. The Secretary Plan, of Energy shall develop a plan to reorganize the field activities and management of the national security functions of the Department of Energy and shall submit such plan to the Congress not later than 120 days after the date of enactment of this Act. The
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