Pub. L. 105-85, div. C, tit. XXXI, subtit. D, sec. 3153
STUDY AND FUNDING RELATING TO IMPLEMENTATION OF WORKFORCE RESTRUCTURING PLANS.
SEC. 3153. STUDY AND FUNDING RELATING TO IMPLEMENTATION OF WORKFORCE RESTRUCTURING PLANS. (a) Study Requirement.—The Secretary of Energy shall conduct a study on the effects of workforce restructuring plans for defense nuclear facilities developed pursuant to section 3161 of the National Defense Authorization Act for Fiscal Year 1993 (42 U.S.C. 7274h).111 STAT. 2043 (b) Matters Covered by Study.—The study shall cover the four-year period preceding the date of the enactment of this Act and shall include the following: (1) An analysis of the number of jobs created by any employee retraining, education, and reemployment assistance and any community impact assistance provided in each workforce restructuring plan developed pursuant to section 3161 of the National Defense Authorization Act for Fiscal Year 1993. (2) An analysis of other benefits provided pursuant to such plans, including any assistance provided to community reuse organizations. (3) A description of the funds expended, and the funds obligated but not expended, pursuant to such plans as of the date of the report. (4) A description of the criteria used since October 23, 1992, in providing assistance pursuant to such plans. (5) A comparison of any similar benefits provided— (A) pursuant to such a plan to employees whose employment at the defense nuclear facility covered by the plan is terminated; and (B) to employees whose employment at a facility where more than 50 percent of the revenues are derived from contracts with the Department of Defense has been terminated as a result of cancellation, termination, or completion of contracts with the Department of Defense and the employees whose employment is terminated constitute more than 15 percent of the employees at that facility. (c) Conduct of Study.—(1) The study shall be conducted through a contract with an independent private auditing firm. (2) The Secretary of Energy may not enter into any contract for the conduct of the study until the Secretary submits a notification of the proposed contract award to the congressional defense committees. (3) The Secretary of Energy and the Secretary of Defense shall each ensure that any firm conducting the study is provided access to all documents in the possession of the Department of Energy or the Department of Defense, as the case may be, that are relevant to the study, including documents in the possession of the Inspector General of the Department of Energy or the Inspector General of the Department of Defense. (d) Report on Study.—The Secretary of Energy shall submit a report to Congress on the results of the study not later than March 31, 1998. (e) Limitation on Use of Funds for Local Impact Assistance.—(1) None of the funds authorized to be appropriated to the Department of Energy pursuant to section 3103(6) may be used for local impact assistance pursuant to a plan under section 3161(c)(6) of the National Defense Authorization Act for Fiscal Year 1993 (42 U.S.C. 7274h(c)(6)) until— (A) with respect to assistance referred to in section 3161(c)(6)(A) of such Act, the Secretary of Energy coordinates with, provides a copy of the plan to, and obtains the approval of the Secretary of Labor; and (B) with respect to assistance referred to in section 3161(c)(6)(C) of such Act, the Secretary of Energy coordinates 111 STAT. 2044with, provides a copy of the plan to, and obtains the approval of the Secretary of Commerce. (2) For purposes of paragraph (1), if the Secretary of Labor or the Secretary of Commerce does not disapprove a plan within 60 days after receiving a copy of the plan, the plan is deemed to be approved. (f) Semiannual Report to Congress of Local Impact Assistance.—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 (42 U.S.C. 7274h(c)(6)). (g) Effect on USEC Privatization Act.—Nothing in this section shall be construed as diminishing or affecting the obligations of the Secretary of Energy under section 3110(a)(5) of the USEC Privatization Act (Public Law 104–134; 110 Stat. 1321–341; 42 U.S.C. 2297h–8(a)(5)). (h) Definition.—In this section, the term “defense nuclear facility” has the meaning provided the term “Department of Energy defense nuclear facility” in section 3163 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 42 U.S.C. 7274j).