H. R. 2401—271
tation for fiscal year 1994 the sum of $10,000,000 to pay administra-
tive costs related to new loan guarantee commitments described
in subsection (a) of section 1359.
(b) AVAILABILITY OF AMOUNTS.—Amounts appropriated under
the authority of this section shall remain available until expended.
SEC. 1362. REGULATIONS.
(a) IN GENERAL.—Within 90 days after the date of the enact-
ment of this Act, the Secretary of Transportation shall prescribe
regulations as necessary to carry out the Secretary’s responsibilities
under this title (including the amendments made by this title).
(b) INTERIM REGULATIONS.—The Secretary of Transportation
may prescribe interim regulations necessary to carry out this title
and for accepting applications under title XI of the Merchant Marine
Act, 1936, as amended by this title. For that purpose, the Secretary
is excepted from compliance with the notice and comment require-
ments of section 553 of title 5, United States Code. All regulations
prescribed under this subsection that are not earlier superseded
by final rules shall expire 270 days after the date of the enactment
of this Act.
SEC. 1363. SHIPYARD CONVERSION AND REUSE STUDIES.
(a) STUDIES REQUIRED.—The Secretary of Defense shall make
community adjustment and diversification assistance available
under section 2391(b) of title 10, United States Code, for the purpose
of—
(1) conducting a study regarding the feasibility of convert-
ing and reutilizing the Charleston Naval Shipyard, South Caro-
lina, as a facility primarily oriented toward commercial use;
and
(2) conducting a study regarding the feasibility of convert-
ing and reutilizing the Mare Island Naval Shipyard, California,
as a facility primarily oriented toward commercial use.
(b) FUNDING.—Of the amount made available pursuant to sec-
tion 1302(a), $500,000 shall be available to carry out each of the
studies required by subsection (a).
Subtitle E—Other Matters
SEC. 1371. ENCOURAGEMENT OF THE PURCHASE OR LEASE OF
VEHICLES PRODUCING ZERO OR VERY LOW EXHAUST
EMISSIONS.
From funds authorized to be appropriated in subtitle A of
title I and section 301 for the purchase or lease of non-tactical
administrative vehicles (such as automobiles, utility trucks, buses,
and vans), the Secretary of Defense is encouraged to expend not
less than 10 percent of such funds for the purchase or lease of
vehicles producing zero or very low exhaust emissions.
SEC. 1372. REVISION TO REQUIREMENTS FOR NOTICE TO CONTRAC-
TORS UPON PENDING OR ACTUAL TERMINATION OF
DEFENSE PROGRAMS.
Section 4471 of the Defense Conversion, Reinvestment, and
Transition Assistance Act of 1992 (division D of Public Law 102–
484; 106 Stat. 2753; 10 U.S.C. 2501 note) is amended to read
as follows:
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H. R. 2401—272
‘‘SEC. 4471. NOTICE TO CONTRACTORS AND EMPLOYEES UPON PRO-
POSED AND ACTUAL TERMINATION OR SUBSTANTIAL
REDUCTION IN MAJOR DEFENSE PROGRAMS.
‘‘(a) NOTICE REQUIREMENT AFTER SUBMISSION OF PRESIDENT’S
BUDGET TO CONGRESS.—Each year, in conjunction with the prepara-
tion of the budget for the next fiscal year to be submitted to
Congress under section 1105 of title 31, United States Code, the
Secretary of Defense shall determine which major defense programs
(if any) are proposed to be terminated or substantially reduced
under the budget. As soon as reasonably practicable after the date
on which the budget is submitted to Congress under such section,
and not more than 180 days after such date, the Secretary, in
accordance with regulations prescribed by the Secretary, shall pro-
vide notice of the proposed termination of, or substantial reduction
in, each such program—
‘‘(1) directly to each prime contractor under that program;
and
‘‘(2) by general notice through publication in the Federal
Register.
‘‘(b) NOTICE REQUIREMENT AFTER ENACTMENT OF APPROPRIA-
TIONS ACT.—Each year, as soon as reasonably practicable after
the date of the enactment of an Act appropriating funds for the
military functions of the Department of Defense, and not more
than 180 days after such date, the Secretary of Defense, in accord-
ance with regulations prescribed by the Secretary—
‘‘(1) shall determine which major defense programs (if any)
of the Department of Defense that were not previously identi-
fied under subsection (a) are likely to be terminated or substan-
tially reduced as a result of the funding levels provided in
that Act; and
‘‘(2) shall provide notice of the anticipated termination of,
or substantial reduction in, that program—
‘‘(A) directly to each prime contractor under that pro-
gram;
‘‘(B) directly to the Secretary of Labor; and
‘‘(C) by general notice through publication in the Fed-
eral Register.
‘‘(c) NOTICE TO SUBCONTRACTORS.—As soon as reasonably prac-
ticable after the date on which the prime contractor for a major
defense program receives notice under subsection (a) or (b) of the
termination of, or substantial reduction in, that program, and not
more than 45 days after such date, the prime contractor shall—
‘‘(1) provide notice of that termination or substantial reduc-
tion to each person that is a first-tier subcontractor for that
program under a contract in an amount not less than $500,000
for the program; and
‘‘(2) require that each such subcontractor—
‘‘(A) provide such notice to each of its subcontractors
for the program under a contract in an amount in excess
of $100,000; and
‘‘(B) impose a similar notice and pass through require-
ment to subcontractors in an amount in excess of $100,000
at all tiers.
‘‘(d) CONTRACTOR NOTICE
TO EMPLOYEES
AND STATE DIS-
LOCATED WORKER UNIT.—Not later than two weeks after a defense
contractor receives notice under subsection (a)(1) or (b)(1), as the
case may be, of the termination of, or substantial reduction in,
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H. R. 2401—273
a defense program, the contractor shall provide notice of such
termination or substantial reduction to—
‘‘(1)(A) each representative of employees whose work is
directly related to the defense contract under such program
and who are employed by the defense contractor; or
‘‘(B) if there is no such representative at that time, each
such employee; and
‘‘(2) the State dislocated worker unit or office described
in section 311(b)(2) of the Job Training Partnership Act (29
U.S.C. 1661(b)(2)) and the chief elected official of the unit
of general local government within which the adverse effect
may occur.
‘‘(e) CONSTRUCTIVE NOTICE.—The notice of termination of, or
substantial reduction in, a major defense program provided under
subsection (d)(1) to an employee of a contractor shall have the
same effect as a notice of termination to such employee for the
purposes of determining whether such employee is eligible for train-
ing, adjustment assistance, and employment services under section
325 or 325A of the Job Training Partnership Act (29 U.S.C. 1662d,
1662d–1), except where the employer has specified that the termi-
nation of, or substantial reduction in, the program is not likely
to result in plant closure or mass layoff. Any employee considered
to have received such notice under the preceding sentence shall
only be eligible to receive services under section 314(b) of such
Act (29 U.S.C. 1661c(b)) and under paragraphs (1) through (14),
(16), and (18) of section 314(c) of such Act (29 U.S.C. 1661c(c)).
‘‘(f) WITHDRAWAL OF NOTIFICATION UPON SUFFICIENT FUNDING
FOR PROGRAM TO CONTINUE.—
‘‘(1) NOTICE TO PRIME CONTRACTOR.—If the Secretary of
Defense provides a notification under subsection (a) for a fiscal
year with respect to a major defense program and the Secretary
subsequently determines, upon enactment of an Act appropriat-
ing funds for the military functions of the Department of
Defense for that fiscal year that due to a sufficient level of
funding for the program having been provided in that Act
there will not be a termination of, or substantial reduction
in, that program, then the Secretary shall provide notice of
withdrawal of the notification provided under subsection (a)
to each prime contractor that received that notice under such
subsection. Any such notice of withdrawal shall be provided
as soon as reasonably practicable after the date of the enact-
ment of the appropriations Act concerned. In any such case,
the Secretary shall at the same time provide general notice
of such withdrawal by publication in the Federal Register.
‘‘(2) NOTICE TO SUBCONTRACTORS.—As soon as reasonably
practicable after the date on which the prime contractor for
a major defense program receives notice under paragraph (1)
of the withdrawal of a notification previously provided to the
contractor under subsection (a), and not more than 45 days
after that date, the prime contractor shall provide notice of
such withdrawal to each person that is a first-tier subcontractor
for the program under a contract in an amount not less than
$500,000 for the program and shall require that each such
subcontractor provide such notice to each subcontractor for
the program under a contract in an amount not less than
$100,000 at any tier.
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H. R. 2401—274
‘‘(3) NOTICE TO EMPLOYEES.—As soon as reasonably prac-
ticable after the date on which a prime contractor receives
notice of withdrawal under paragraph (1) or a subcontractor
receives such a notice under paragraph (2), and not more than
two weeks after that date, the contractor or subcontractor shall
provide notice of such withdrawal—
‘‘(A) to each representative of employees whose work
is directly related to the defense contract under the pro-
gram and who are employed by the contractor or sub-
contractor or, if there is no such representative at that
time, each such employee;
‘‘(B) to the State dislocated worker unit or office
described in section 311(b)(2) of the Job Training Partner-
ship Act (29 U.S.C. 1661(b)(2)) and the chief elected official
of the unit of general local government within which the
adverse effect may occur; and
‘‘(C) to each grantee under section 325(a) or 325A(a)
of the Job Training Partnership Act (29 U.S.C. 1662d,
1662d–1) providing training, adjustment assistance, and
employment services to an employee described in this para-
graph.
‘‘(4) LOSS
OF
ELIGIBILITY.—An employee who receives a
notice of withdrawal under paragraph (3) shall not be eligible
for training, adjustment assistance, and employment services
under section 325 or 325A of the Job Training Partnership
Act (29 U.S.C. 1662d, 1662d–1) beginning on the date on which
the employee receives the notice.
‘‘(g) DEFINITIONS.—For purposes of this section:
‘‘(1) The term ‘major defense program’ means a program
that is carried out to produce or acquire a major system (as
defined in section 2302(5) of title 10, United States Code).
‘‘(2) The terms ‘substantial reduction’ and ‘substantially
reduced’, with respect to a major defense program, mean a
reduction of 25 percent or more in the total dollar value of
contracts under the program.’’.
SEC. 1373. REGIONAL RETRAINING SERVICES CLEARINGHOUSES.
(a) ESTABLISHMENT REQUIRED.—The Secretary of Labor, in con-
sultation with the Secretary of Defense, may carry out a demonstra-
tion project to establish one or more regional retraining services
clearinghouses to serve eligible persons described in subsection
(b).
(b) PERSONS ELIGIBLE FOR CLEARINGHOUSE SERVICES.—The fol-
lowing persons shall be eligible to receive services through the
clearinghouses:
(1) Members of the Armed Forces who are discharged or
released from active duty.
(2) Civilian employees of the Department of Defense who
are terminated from such employment as a result of reductions
in defense spending or the closure or realignment of a military
installation, as determined by the Secretary of Defense.
(3) Employees of defense contractors who are terminated
or laid off (or receive a notice of termination or lay off) as
a result of the completion or termination of a defense contract
or program or reductions in defense spending, as determined
by the Secretary of Defense.
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