View all text of Part A [§ 2701 - § 2705]
§ 2704. Department of Energy defense nuclear facilities workforce restructuring plan
(a) In generalUpon determination that a change in the workforce at a defense nuclear facility is necessary, the Secretary of Energy 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), 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) ObjectivesIn preparing the plan required under subsection (a), 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 Innovation and Opportunity Act [29 U.S.C. 3111 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.).
(d) Implementation
(e) Submittal to Congress
(1) The Secretary shall submit to Congress a plan referred to in subsection (a) 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) is provided to employees of the facility, or 90 days after the date of the enactment of this Act,1
1 See References in Text note below.
whichever is later.(2) In addition to the plans submitted under paragraph (1), the Secretary 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 subsection (c)(6).
(f) Department of Energy defense nuclear facility definedIn this section, the term “Department of Energy defense nuclear facility” means—
(1) a production facility or utilization facility (as those terms are defined in section 2014 of title 42) that is under the control or jurisdiction of the Secretary and that is operated for national security purposes (including the tritium loading facility at Savannah River, South Carolina, and the 236 H facility at Savannah River, South Carolina), but the term does not include any facility that does not conduct atomic energy defense activities and does not include any facility or activity covered by Executive Order Number 12344, dated February 1, 1982, pertaining to the naval nuclear propulsion program;
(2) a nuclear waste storage or disposal facility that is under the control or jurisdiction of the Secretary;
(3) a testing and assembly facility that is under the control or jurisdiction of the Secretary and that is operated for national security purposes (including the Nevada National Security Site, Nevada, and the Pantex facility, Texas);
(4) an atomic weapons research facility that is under the control or jurisdiction of the Secretary (including Lawrence Livermore, Los Alamos, and Sandia National Laboratories); or
(5) any facility described in paragraphs (1) through (4) that—
(A) is no longer in operation;
(B) was under the control or jurisdiction of the Department of Defense, the Atomic Energy Commission, or the Energy Research and Development Administration; and
(C) was operated for national security purposes.
(Pub. L. 107–314, div. D, title XLVI, § 4604, formerly Pub. L. 102–484, div. C, title XXXI, § 3161, Oct. 23, 1992, 106 Stat. 2644; Pub. L. 103–337, div. A, title X, § 1070(c)(2), Oct. 5, 1994, 108 Stat. 2857; Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(7)(A), (f)(6)(A)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–419, 2681–430; Pub. L. 107–107, div. A, title X, § 1048(h)(1), Dec. 28, 2001, 115 Stat. 1229; renumbered Pub. L. 107–314, div. D, title XLVI, § 4604, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(i)(5), Nov. 24, 2003, 117 Stat. 1777; Pub. L. 112–239, div. C, title XXXI, §§ 3131(q)(1), (bb)(1)(A), (C), 3134(b)(1), Jan. 2, 2013, 126 Stat. 2183, 2185, 2193; Pub. L. 113–66, div. C, title XXXI, § 3146(g)(4), Dec. 26, 2013, 127 Stat. 1079; Pub. L. 113–128, title V, § 512(d), July 22, 2014, 128 Stat. 1706; Pub. L. 113–291, div. C, title XXXI, § 3142(o), Dec. 19, 2014, 128 Stat. 3901.)