
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-107 Section 1048(h)(1)]
[CITE: 42USC7274h]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 84--DEPARTMENT OF ENERGY
 
                SUBCHAPTER VI--ADMINISTRATIVE PROVISIONS
 
                Part C--General Administrative Provisions
 
Sec. 7274h. Department of Energy defense nuclear facilities 
        workforce restructuring plan
        

(a) In general

    Upon determination that a change in the workforce at a defense 
nuclear facility is necessary, the Secretary of Energy (hereinafter in 
sections 7274h to 7274j of this title referred to as the ``Secretary'') 
shall develop a plan for restructuring the workforce for the defense 
nuclear facility that takes into account--
        (1) the reconfiguration of the defense nuclear facility; and
        (2) the plan for the nuclear weapons stockpile that is the most 
    recently prepared plan at the time of the development of the plan 
    referred to in this subsection.

(b) Consultation

    (1) In developing a plan referred to in subsection (a) of this 
section and any updates of the plan under subsection (e) of this 
section, the Secretary shall consult with the Secretary of Labor, 
appropriate representatives of local and national collective-bargaining 
units of individuals employed at Department of Energy defense nuclear 
facilities, appropriate representatives of departments and agencies of 
State and local governments, appropriate representatives of State and 
local institutions of higher education, and appropriate representatives 
of community groups in communities affected by the restructuring plan.
    (2) The Secretary shall determine appropriate representatives of the 
units, governments, institutions, and groups referred to in paragraph 
(1).

(c) Objectives

    In preparing the plan required under subsection (a) of this section, 
the Secretary shall be guided by the following objectives:
        (1) Changes in the workforce at a Department of Energy defense 
    nuclear facility--
            (A) should be accomplished so as to minimize social and 
        economic impacts;
            (B) should be made only after the provision of notice of 
        such changes not later than 120 days before the commencement of 
        such changes to such employees and the communities in which such 
        facilities are located; and
            (C) should be accomplished, when possible, through the use 
        of retraining, early retirement, attrition, and other options 
        that minimize layoffs.

        (2) Employees whose employment in positions at such facilities 
    is terminated shall, to the extent practicable, receive preference 
    in any hiring of the Department of Energy (consistent with 
    applicable employment seniority plans or practices of the Department 
    of Energy and with section 3152 of the National Defense 
    Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-
    189; 103 Stat. 1682)).
        (3) Employees shall, to the extent practicable, be retrained for 
    work in environmental restoration and waste management activities at 
    such facilities or other facilities of the Department of Energy.
        (4) The Department of Energy should provide relocation 
    assistance to employees who are transferred to other Department of 
    Energy facilities as a result of the plan.
        (5) The Department of Energy should assist terminated employees 
    in obtaining appropriate retraining, education, and reemployment 
    assistance (including employment placement assistance).
        (6) The Department of Energy should provide local impact 
    assistance to communities that are affected by the restructuring 
    plan and coordinate the provision of such assistance with--
            (A) programs carried out by the Secretary of Labor under the 
        Job Training Partnership Act [29 U.S.C. 1501 et seq.] or title I 
        of the Workforce Investment Act of 1998 [29 U.S.C. 2801 et 
        seq.];
            (B) programs carried out pursuant to the Defense Economic 
        Adjustment, Diversification, Conversion, and Stabilization Act 
        of 1990 (division D of Public Law 101-510; 10 U.S.C. 2391 note); 
        and
            (C) programs carried out by the Department of Commerce 
        pursuant to title IX of the Public Works and Economic 
        Development Act of 1965.\1\
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    \1\ See References in Text note below.
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(d) Implementation

    The Secretary shall, subject to the availability of appropriations 
for such purpose, work on an ongoing basis with representatives of the 
Department of Labor, workforce bargaining units, and States and local 
communities in carrying out a plan required under subsection (a) of this 
section.

(e) Plan updates

    Not later than one year after issuing a plan referred to in 
subsection (a) of this section and on an annual basis thereafter, the 
Secretary shall issue an update of the plan. Each updated plan under 
this subsection shall--
        (1) be guided by the objectives referred to in subsection (c) of 
    this section, taking into account any changes in the function or 
    mission of the Department of Energy defense nuclear facilities and 
    any other changes in circumstances that the Secretary determines to 
    be relevant;
        (2) contain an evaluation by the Secretary of the implementation 
    of the plan during the year preceding the report; and
        (3) contain such other information and provide for such other 
    matters as the Secretary determines to be relevant.

(f) Submittal to Congress

    (1) The Secretary shall submit to Congress a plan referred to in 
subsection (a) of this section with respect to a defense nuclear 
facility within 90 days after the date on which a notice of changes 
described in subsection (c)(1)(B) of this section is provided to 
employees of the facility, or 90 days after October 23, 1992, whichever 
is later.
    (2) The Secretary shall submit to Congress any updates of the plan 
under subsection (e) of this section immediately upon completion of any 
such update.

(Pub. L. 102-484, div. C, title XXXI, Sec. 3161, Oct. 23, 1992, 106 
Stat. 2644; Pub. L. 103-337, div. A, title X, Sec. 1070(c)(2), Oct. 5, 
1994, 108 Stat. 2857; Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, 
Sec. 405(d)(7)(A), (f)(6)(A)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-
419, 2681-430.)

                    Amendment of Subsection (c)(6)(A)

        Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 405(f)(6)(A), 
    (g)(2)(B)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-430, 2681-435, 
    provided that, effective July 1, 2000, subsection (c)(6) of this 
    section is amended by striking subparagraph (A) and inserting the 
    following:

    ``(A) programs carried out by the Secretary of Labor under title I 
of the Workforce Investment Act of 1998;''.

                       References in Text

    Section 3152 of the National Defense Authorization Act for Fiscal 
Years 1990 and 1991, referred to in subsec. (c)(2), is section 3152 of 
Pub. L. 101-189, which is not classified to the Code.
    The Job Training Partnership Act, referred to in subsec. (c)(6)(A), 
is Pub. L. 97-300, Oct. 13, 1982, 96 Stat. 1322, as amended, which is 
classified generally to chapter 19 (Sec. 1501 et seq.) of Title 29, 
Labor. For complete classification of this Act to the Code, see Short 
Title note set out under section 1501 of Title 29 and Tables.
    The Workforce Investment Act of 1998, referred to in subsec. 
(c)(6)(A), is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as amended. 
Title I of the Act is classified principally to chapter 30 (Sec. 2801 et 
seq.) of Title 29, Labor. For complete classification of this Act to the 
Code, see Short Title note set out under section 9201 of Title 20, 
Education, and Tables.
    The Public Works and Economic Development Act of 1965, referred to 
in subsec. (c)(6)(C), is Pub. L. 89-136, Aug. 26, 1965, 79 Stat. 552, as 
amended. Title IX of the Act was classified generally to subchapter IX 
(Sec. 3241 et seq.) of chapter 38 of this title, prior to repeal by Pub. 
L. 105-393, title I, Sec. 102(c), Nov. 13, 1998, 112 Stat. 3617. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 3121 of this title and Tables.

                          Codification

    Section was enacted as part of the National Defense Authorization 
Act for Fiscal Year 1993, and not as part of the Department of Energy 
Organization Act which comprises this chapter.


                               Amendments

    1998--Subsec. (c)(6)(A). Pub. L. 105-277, Sec. 101(f) [title VIII, 
Sec. 405(d)(7)(A)], added subpar. (A) and struck out former subpar. (A) 
which read as follows: ``programs carried out by the Department of Labor 
pursuant to the Job Training Partnership Act (29 U.S.C. 1501 et 
seq.);''.
    1994--Pub. L. 103-337, Sec. 1070(c)(2)(B), substituted ``workforce'' 
for ``work force'' in section catchline.
    Subsec. (a). Pub. L. 103-337, Sec. 1070(c)(2)(A), substituted 
``workforce for'' for ``work force for'' in introductory provisions.
    Subsec. (c)(1). Pub. L. 103-337, Sec. 1070(c)(2)(A), substituted 
``workforce'' for ``work force'' in introductory provisions.
    Subsec. (c)(6)(B). Pub. L. 103-337, Sec. 1070(c)(2)(C), substituted 
``division D'' for ``Part D''.
    Subsec. (d). Pub. L. 103-337, Sec. 1070(c)(2)(A), substituted 
``workforce'' for ``work force''.


                    Effective Date of 1998 Amendment

    Amendment by section 101(f) [title VIII, Sec. 405(d)(7)(A)] of Pub. 
L. 105-277 effective Oct. 21, 1998, and amendment by section 101(f) 
[title VIII, Sec. 405(f)(6)(A)] of Pub. L. 105-277 effective July 1, 
2000, see section 101(f) [title VIII, Sec. 405(g)(1), (2)(B)] of Pub. L. 
105-277, set out as a note under section 3502 of Title 5, Government 
Organization and Employees.


                    Effective Date of 1994 Amendment

    Section 1070(c) of Pub. L. 103-337 provided that the amendment made 
by that section is effective as of Oct. 23, 1992, and as if included in 
the National Defense Authorization Act for Fiscal Year 1993, Pub. L. 
102-484, as enacted.


        Semiannual Report to Congress of Local Impact Assistance

    Pub. L. 105-85, div. C, title XXXI, Sec. 3153(f), Nov. 18, 1997, 111 
Stat. 2044, provided that: ``The Secretary of Energy shall submit to 
Congress every six months a report setting forth a description of, and 
the amount or value of, all local impact assistance provided during the 
preceding six months under section 3161(c)(6) of the National Defense 
Authorization Act of 1993 [National Defense Authorization Act for Fiscal 
Year 1993] (42 U.S.C. 7274h(c)(6)).''

                  Section Referred to in Other Sections

    This section is referred to in sections 2297h-8, 7274j of this 
title.
