[Congressional Record Volume 142, Number 46 (Friday, March 29, 1996)]
[Extensions of Remarks]
[Pages E500-E501]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                             PROMISES MADE

                                 ______


                            HON. BILL BAKER

                             of california

                    in the house of representatives

                         Friday, March 29, 1996

  Mr. BAKER of California. Mr. Speaker, today I wish to submit for the 
Record a section of the public law which enumerates the statutory 
obligations the Department of Energy has toward its employees at 
defense nuclear facilities, concerning workforce restructuring.
  The Department of Energy faces some tough budgetary and programmatic 
decisions in the coming weeks and months. Many of these decisions will 
no doubt be important to our Nation in safeguarding our nuclear 
stockpile, in ensuring our energy security in the future, in advancing 
the pace of energy sciences, and in stewarding our national resources. 
It is this stewardship role I speak of today, specifically the 
stewardship of the valuable, competent employees at DOE's nuclear 
facilities.
  Mr. Speaker, these workers are truly national assets. They work on 
the cutting edge of science and engineering, bolstering our Nation's 
security status and it energy future. These men and women do yeoman's 
work for our country in areas of science you and I can barely 
comprehend. Though perhaps rarely appreciated or understood by the 
average American taxpayer, these people give their all at national 
laboratories like Sandia, Lawrence Livermore, and Los Alamos. Our 
Nation is the richer for their sacrifice and commitment to our 
collective good.
  In light of recent statements by DOE officials indicating an 
intention to downsize workforces at some national laboratory sites in 
the coming months, it is essential that the bureaucracies that 
administer our Government's policies respect the value these workers 
add

[[Page E501]]

to Government service. While budgetary bottom lines may sometimes seem 
cold, a responsible government treats its workers as national assets to 
be valued and esteemed.
  And it is to no less than this level of appreciation that the 
Department of Energy is legally obligated.
  As we look toward the uncertain future, it is reasonable that we 
remind ourselves of our past commitments, of our promises made. In this 
context, I wish to submit for the record the very promise made by the 
Federal Government to DOE workers who do our Nation's work at the 
defense nuclear facilities across our Nation.
  The reference is a law passed in the second session of the 102d 
Congress, Public Law 102-484, the DOD Authorization Act, Subtitle E, 
Section 3161:

                  Subtitle E--Defense Nuclear Workers

     SEC. 3161. DEPARTMENT OF ENERGY DEFENSE NUCLEAR FACILITIES 
                   WORK FORCE 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 this subtitle referred to 
     as the ``Secretary'') shall develop a plan for restructuring 
     the work force 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) and any updates of the plan under subsection 
     (e), 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), the Secretary shall be guided by the 
     following objectives:
       (1) Changes in the work force 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 Department of Labor 
     pursuant to the Job Training Partnership Act (29 U.S.C. 1501 
     et seq.);
       (B) programs carried out pursuant to the Defense Economic 
     Adjustment, Diversification, Conversion, and Stabilization 
     Act of 1990 (Part 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 (42 U.S.C. 3241 et seq.).
       (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, work force bargaining units, and States and local 
     communities in carrying out a plan required under subsection 
     (a).
       (a) Plan Updates.--Not later than one year after issuing a 
     plan referred to in subsection (a) 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), 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 matter 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) 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, whichever 
     is later.
       (2) The Secretary shall submit to Congress any update of 
     the plan under subsection (e) immediately upon completion of 
     any such update.

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