42 U.S.C. § 7274H
Section 7274h · 7274h, 7274i. Transferred
Amended 4 times on record
Applied in 8 court decisions — leading case 93 Wash. App. 21 - Nielsen v. EMPLOYMENT SEC. DEPT. OF STATE (1998)
Most recently applied in Christos v. United States (August 2002)
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.
(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).
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 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 II of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3141 et seq.).
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.
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.
(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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
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 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 II of the Act is classified generally to subchapter II (§3141 et seq.) of chapter 38 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3121 of this title 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 (§3241 et seq.) of chapter 38 of this title, prior to repeal by Pub. L. 105–393, title I, §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
2001—Subsec. (c)(6)(C). Pub. L. 107–107 substituted “title II of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3141 et seq.)” for “title IX of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3241 et seq.)”.
1998—Subsec. (c)(6)(A). Pub. L. 105–277, §101(f) [title VIII, §405(f)(6)(A)], added subpar. (A) and struck out former subpar. (A) which read as follows: “programs carried out by the Secretary of Labor under the Job Training Partnership Act or title I of the Workforce Investment Act of 1998;”.
Pub. L. 105–277, §101(f) [title VIII, §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, §1070(c)(2)(B), substituted “workforce” for “work force” in section catchline.
Subsec. (a). Pub. L. 103–337, §1070(c)(2)(A), substituted “workforce for” for “work force for” in introductory provisions.
Subsec. (c)(1). Pub. L. 103–337, §1070(c)(2)(A), substituted “workforce” for “work force” in introductory provisions.
Subsec. (c)(6)(B). Pub. L. 103–337, §1070(c)(2)(C), substituted “division D” for “Part D”.
Subsec. (d). Pub. L. 103–337, §1070(c)(2)(A), substituted “workforce” for “work force”.
Effective Date of 1998 Amendment
Amendment by section 101(f) [title VIII, §405(d)(7)(A)] of Pub. L. 105–277 effective Oct. 21, 1998, and amendment by section 101(f) [title VIII, §405(f)(6)(A)] of Pub. L. 105–277 effective July 1, 2000, see section 101(f) [title VIII, §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, §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)).”