[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4411 Introduced in House (IH)]

103d CONGRESS
  2d Session
                                H. R. 4411

 To establish national programs to provide for environmental response 
                        training and employment.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 12, 1994

   Mr. Klink (for himself, Mr. Kildee, and Mr. Clay) introduced the 
following bill; which was referred jointly to the Committees on Energy 
                  and Commerce and Education and Labor

_______________________________________________________________________

                                 A BILL


 
 To establish national programs to provide for environmental response 
                        training and employment.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``National 
Environmental Training and Employment Act of 1994''.
    (b) Table of Contents.--The table of contents is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purpose.
Sec. 3. Definitions.
Sec. 4. Authorization of appropriations.
       TITLE I--NATIONAL ENVIRONMENTAL RESPONSE TRAINING PROGRAM

     Subtitle A--Certification, Training, and Accreditation Program

Sec. 101. Establishment.
Sec. 102. Certification of environmental response employers.
Sec. 103. Training of environmental response employees and emergency 
                            responders.
Sec. 104. Accreditation of environmental training providers.
                 Subtitle B--Health and Safety Program

Sec. 111. Establishment
Sec. 112. Program requirement.
      TITLE II--NATIONAL ENVIRONMENTAL RESPONSE EMPLOYMENT PROGRAM

Sec. 201. Employment of women and minorities.
Sec. 202. Training and employment of displaced DOD personnel.
Sec. 203. Grants to environmental training providers.
Sec. 204. Grants to joint labor-management training trust funds and 
                            labor organizations.
Sec. 205. Grants to nonprofit veterans organizations.
Sec. 206. Grants to nonprofit minority and womens organizations.
  TITLE III--FEDERAL ENVIRONMENTAL COORDINATION COMMITTEE AND RELATED 
                               PROVISIONS

Sec. 301. Federal environmental coordination committee.
Sec. 302. Related provisions.
                TITLE IV--ADMINISTRATION AND ENFORCEMENT

Sec. 401. Administration.
Sec. 402. Enforcement.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds the following:
            (1) The Nation is confronted with significant risks to the 
        environment and public health resulting from contamination due 
        to hazardous substances and toxic substances, including 
        asbestos-containing material and lead-based paint hazards.
            (2) The environmental response to such substances is 
        enormous and will involve the expenditure of large amounts of 
        both private and public resources.
            (3) To adequately address these environmental problems will 
        require cooperation and coordination among Federal, State, and 
        local governments, along with business and labor.
            (4) The Federal Government shares a large part of the 
        environmental burden with respect to polluted military bases 
        and installations, nuclear weapons production facilities, 
        public lands and orphan hazardous waste sites.
            (5) The Federal agencies involved in environmental response 
        actions, as responsible parties and regulatory authorities, 
        include the Department of Energy, Department of Defense, 
        Department of the Interior, Department of Health and Human 
        Services, Department of Housing and Urban Development, 
        Department of Labor, Department of Transportation, the Federal 
        Emergency Management Agency, the Agency for Toxic Substance 
        Disease Registry, the National Institute for Occupational 
        Safety and Health, and the Environmental Protection Agency.
            (6) Environmental response actions will require an entirely 
        new, large, and well-trained work force, which, in turn, 
        represents new employment opportunities for the Nation.
            (7) Environmental response actions will also require a pool 
        of highly qualified environmental response employers to 
        undertake the clean-up effort.
            (8) Through the expenditure of public funds and through its 
        regulatory responsibilities, the Federal Government will 
        largely define this new and emerging environmental response 
        industry.
            (9) Environmental response is highly dangerous work which 
        poses serious safety and health hazards to the workers 
        involved, the surrounding communities, and the environment as a 
        whole.
            (10) The responsibility for responding to environmental 
        emergencies resulting from hazardous materials accidents has 
        fallen almost exclusively on local fire departments which are 
        severely understaffed and lack proper and adequate hazardous 
        materials training and equipment.
            (11) As of November 1993 there has been little coordination 
        among the Federal agencies that carry out environmental 
        response actions.
            (12) There is also a lack of government-wide standards 
        governing the training and safety and health of environmental 
        response employees, environmental response employers, emergency 
        responders, and environmental training providers.
            (13) As of November 1993 the responsible Federal agencies 
        have paid scant attention to environmental response issues.
            (14) Past legislative actions on environmental response 
        issues have resulted in several discrete national response 
        training program requirements, and such requirements have been 
        developed and implemented independently with little 
        coordination.
    (b) Purpose.--The purpose of this Act is to ensure quality 
training, health and safety, and employment opportunities for 
environmental response employees, environmental response employers, 
emergency responders, and environmental training providers.

SEC. 3. DEFINITIONS.

    For purposes of this Act, the following definitions apply:
            (1) Asbestos-containing material.--The term ``asbestos-
        containing material'' has the meaning provided that term by 
        section 202(4) of the Toxic Substances Control Act (15 U.S.C. 
        2642(4)).
            (2) Emergency responder.--The term ``emergency responder'' 
        means a person who works in the field of environmental 
        emergency response. The term includes the following:
                    (A) Full-time career fire fighters or emergency 
                response personnel who are members of a local or State 
                agency or an organized department with statutory 
                responsibility for response to hazardous materials 
                incidents on demand without regard to location.
                    (B) Part-time, seasonal, or reserve fire fighters 
                or emergency response personnel who receive payment, 
                including an annual stipend or payment on a per call or 
                per hour basis. For purposes of this subparagraph, 
                payment does not include indirect compensation such as 
                insurance or retirement benefits.
                    (C) Part-time, seasonal, or reserve fire fighters 
                or emergency personnel who do not receive payment other 
                than indirect compensation such as insurance or 
                retirement benefits.
                    (D) Contract fire fighters, including full time, 
                paid fire fighters organized as an industrial fire 
                brigade and employed by a corporate body, and 
                maintenance engineering personnel who, as a function of 
                their employment, are expected to react or respond to a 
                hazardous material incident as an individual or a 
                member of a team rather than a government agency and 
                usually on a temporary basis.
                    (E) Employees of an employer engaged in clean-up 
                operations at uncontrolled waste sites, sites covered 
                by the Solid Waste Disposal Act, and treatment, 
                storage, or disposal facilities who are intended to 
                function as the on-site emergency response personnel in 
                accordance with the employers emergency response plan.
            (3) Environmental emergency response.--The term 
        ``environmental emergency response'' means any action taken by 
        an emergency responder in response to a release of a substance 
        or material that poses an unreasonable risk to safety, health, 
        or property, or to waterways and the environment.
            (4) Environmental response.--The term ``environmental 
        response'' or ``environmental response action''--
                    (A) with respect to a hazardous substance, has the 
                meaning provided the terms ``respond'' and ``response'' 
                in section 101(25) of the Comprehensive Environmental 
                Response, Compensation, and Liability Act of 1980 (42 
                U.S.C. 9601(25));
                    (B) with respect to asbestos-containing material, 
                has the meaning provided the term ``response action'' 
                by section 202(11) of the Toxic Substances Control Act 
                (15 U.S.C. 2642(11)); and
                    (C) with respect to a lead-based paint hazard, has 
                the meaning provided the term ``abatement'' by section 
                401(1) of the Toxic Substances Control Act (15 U.S.C. 
                2681(1)).
            (5) Environmental response employee.--The term 
        ``environmental response employee'' means an individual who is 
        employed by an environmental response employer and who in the 
        course of the individual's employment is directly engaged in 
        carrying out environmental response actions.
            (6) Environmental response employer.--The term 
        ``environmental response employer'' means an individual or 
        business entity who--
                    (A) is or may be carrying out environmental 
                response actions directly, under contract, subcontract, 
                or otherwise; and
                    (B) who uses one or more of its employees in 
                connection with such activity.
            (7) Environmental training provider.--The term 
        ``environmental training provider'' means a person who provides 
        or offers to provide training for environmental response 
        employers, environmental response employees, and any other 
        persons carrying out environmental response actions.
            (8) Hazardous substance.--The term ``hazardous substance'' 
        has the meaning provided that term by section 101(14) of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9601(15)).
            (9) Lead-based paint hazard.--The term ``lead-based paint 
        hazard'' has the meaning provided that term by section 401(10) 
        of the Toxic Substances Control Act (15 U.S.C. 2681(10)).
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization.--
            (1) Titles i, iii, and iv.--There are authorized to be 
        appropriated to carry out titles I, III, and IV not less than 
        $25,000,000 for each of the fiscal years 1995 through 2000.
            (2) Title ii.--There are authorized to be appropriated to 
        carry out title II not less than $30,000,000 for each of the 
        fiscal years 1995 through 2000.
    (b) Other Funds.--Notwithstanding any other provision of law, 
amounts appropriated to carry out programs, projects, or activities 
which are administered by the following Federal departments and 
agencies may be used to carry out this Act:
            (1) The Department of Defense.
            (2) The Department of Energy.
            (3) The Department of Housing and Urban Development.
            (4) The Department of the Interior.
            (5) The Department of Labor.
            (6) The Environmental Protection Agency.
            (7) The Department of Health and Human Services.
    (c) Availability.--Amounts appropriated pursuant to the 
authorization of appropriations under subsection (a), and amounts 
described under subsection (b) that are used to carry out this Act, are 
authorized to remain available until expended.

       TITLE I--NATIONAL ENVIRONMENTAL RESPONSE TRAINING PROGRAM

     Subtitle A--Certification, Training, and Accreditation Program

SEC. 101. ESTABLISHMENT.

    (a) In General.--The Secretary shall establish a National 
Environmental Response Training Program for the purpose of--
            (1) ensuring that environmental response employers are 
        certified to carry out environmental response actions in 
        accordance with section 102;
            (2) ensuring that environmental response employees and 
        emergency responders are trained by environmental training 
        providers to carry out environmental response actions and 
        environmental emergency response actions, respectively, in 
        accordance with section 103; and
            (3) ensuring that environmental training providers are 
        accredited to provide such training in accordance with section 
        104.
    (b) Regulations.--Not later than 1 year after the date of enactment 
of this Act, the Secretary, in consultation with the Administrator of 
the Environmental Protection Agency and the Secretary of Health and 
Human Services (acting through the Director of the National Institute 
for Occupational Safety and Health), shall promulgate final regulations 
to carry out subsection (a).

SEC. 102. CERTIFICATION OF ENVIRONMENTAL RESPONSE EMPLOYERS.

    (a) In General.--The Secretary shall establish a National 
Certification Program within the Department of Labor for the purpose of 
certifying environmental response employers to carry out environmental 
response actions.
    (b) Conduct of Program.--
            (1) In general.--In carrying out the program established 
        under subsection (a), the Secretary shall promulgate procedures 
        for certifying environmental response employers. In the event a 
        cooperative agreement exists with a State, the Secretary may 
        provide that certification and licensing of such providers may 
        be undertaken by the State provided that the requirements for 
        certification are no less stringent than those promulgated by 
        the Secretary.
            (2) Revocation of certification.--The Secretary shall 
        promulgate procedures for the revocation or suspension 
        certification of environmental response employers. Such 
        procedures shall include provision for worker and citizen 
        complaints.

SEC. 103. TRAINING OF ENVIRONMENTAL RESPONSE EMPLOYEES AND EMERGENCY 
              RESPONDERS.

    (a) In General.--The Secretary shall establish specific programs to 
provide for the training of environmental response employees and 
emergency responders to carry out environmental response actions and 
environmental emergency response actions, respectively. Such training 
shall include the following:
            (1) Hazardous waste site worker as defined by 29 CFR 
        1910.120(e) pursuant to Title I of the Superfund Amendment and 
        Reauthorization Act of 1986. Such program shall be a minimum of 
        40 hours which shall include a minimum of 18 hours hands-on 
        training. The Secretary shall, in addition, consider the degree 
        and range of risks encountered by different trades or 
        categories of environmental response employees and shall be 
        authorized to establish additional training requirements for 
        such trades or categories not to exceed 80 hours including up 
        to 30 hours of hands-on training.
            (2) Hazardous waste site worker on-site training as defined 
        by 29 CFR 1910.120(e)13. Such program shall be a minimum of 36 
        hours of which 8 hours shall be supervised field training at 
        the specific site.
            (3) Hazardous waste site supervisor as defined by 29 CFR 
        1910.120(e)(4) which shall include (1) and (2) of this 
        subsection plus an additional 8 hour supervisor specific 
        training.
            (4) Hazardous waste site worker and supervisor annual 
        refresher training of at least 8 hour duration.
            (5) Treatment, storage, and disposal site workers as 
        defined by 29 CFR 1910.120(p) shall be a minimum of 40 hours of 
        which 8 hours shall be hands-on. Supervisors shall receive an 
        additional 8 hours training after successful completion of the 
        worker course. Annual refresher training of at least 8 hours 
        shall be required.
            (6) Emergency response personnel as defined by 29 CFR 
        1910.120(q), 40 CFR 311, NFPA 471, 472, 473, 600 and 1500 and 
        The National Environmental Training and Employment Act of 1993, 
        Section III Definitions, shall have the following minimum 
        training and meet at least the minimum requirements of the 
        above listed standards in the following manner:
                    (A) Operations level: 40 hours to include awareness 
                level. Awareness level training alone will not be 
                considered appropriate training for fire fighters under 
                this Act.
                    (B) Technician level: 80 hours additional beyond 
                Operations level.
                    (C) Specialists level: 100 hours beyond technician 
                level.
                    (D) Incident Commander: 16 hours beyond technician 
                level.
                    (E) Annual refresher: 8 hours in all categories.
                    (F) Site-specific: 24 hours site specific training 
                including site survey for each hazardous waste site for 
                which emergency response is planned and specific 
                training required by the unique nature of the potential 
                exposures.
            (7) On-site emergency response personnel, as described in 
        section 3(2)(E), shall have additional training specific to 
        emergency response beyond that required by paragraphs (1) 
        through (5) for their normal work assignment. Such training 
        shall include at least the minimum requirements specified in 
        subparagraphs (A), and (E), of paragraph (6).
            (8) DOE environmental restoration workers shall be trained 
        to the levels specified in (1) through (4) of this subsection 
        plus an additional 40 hours.
            (9) Contractor or other business entity which is the 
        employer of those engaged in activities covered by this Act 
        shall have a minimum of 8 hours training which shall include 
        the requirements of this Act, the applicable Occupational 
        Safety and Health Administration, Environmental Protection 
        Agency, and State regulations applicable to the activity 
        covered by this Act in which the contractor intends to engage. 
        The individual within the contractor or business entity 
        required to be trained shall be the most senior individual in 
        the organization who bears direct responsibility for the 
        activity and shall at a minimum be senior to the most senior 
        management person in the organization actually working on the 
        activity in the field.
            (10) Such other additional training programs as may be 
        appropriate to the purposes of this Act.
    (b) Certification.--
            (1) In general.--The Secretary shall promulgate regulations 
        for the certification of environmental response employees and 
        emergency responders. Such regulations shall be implemented by 
        the Secretary, or by the appropriate State agency by agreement, 
        provided the certification requirements are no less stringent 
        than those specified by the Secretary. The provisions for 
        certification shall be based on the specific training 
        requirements set forth in subsection (a). Training of workers 
        for purpose of certification shall be undertaken only by 
        accredited training providers as specified in this Act.
            (2) Time period and other requirements.--Certifications 
        shall be for a period of two years. Biannual refresher training 
        shall be required for renewal of certifications. The Secretary 
        shall specify the minimum number of hours required for such 
        refresher training.

SEC. 104. ACCREDITATION OF ENVIRONMENTAL TRAINING PROVIDERS.

    (a) In General.--The Secretary shall establish specific 
requirements to provide for the accreditation of environmental training 
providers to provide training to environmental response employees and 
emergency responders to carry out environmental response actions and 
environmental emergency response actions, respectively. Such 
requirements shall include the following:
            (1) Minimum requirements for the accreditation of such 
        providers.
            (2) Minimum training curriculum requirements for each of 
        the training programs described in section 103.
            (3) Minimum training hours for each such training program.
            (4) Minimum hands-on training requirements for each such 
        training program.
            (5) Minimum trainee competency and proficiency requirements 
        for each such training program.
            (6) Minimum requirements for training program quality 
        control.
            (7) Requirements for periodic re-accreditation of 
        environmental training providers.
            (8) Requirements for the issuance of certifications to 
        trainees successfully completing a course of instruction.
            (9) Requirements for the periodic review of accredited 
        environmental training providers and for revocation of 
        accreditation.
            (10) Requirements for minimum skill and experience levels 
        as a prerequisite for each requirement under this subsection.
            (11) The environmental training provider shall establish 
        and maintain a jobs placement component in the training program 
        to ensure that individuals successfully completing the program 
        are employed in work appropriate to the training received.
    (b) Accreditation of Training Providers.--The Secretary shall 
promulgate procedures for accreditation of environmental training 
providers. Such procedures shall require the provider to meet the 
requirements under subsection (a). In the event a cooperative agreement 
exists with a State, the Secretary may provide that accreditation of 
such providers may be undertaken by the State provided that the 
requirements for accreditation and licensing are no less stringent than 
those promulgated by the Secretary.
    (c) Revocation of Accreditation.--The Secretary shall promulgate 
procedures for the revocation or suspension of accreditation of 
environmental training providers. Such procedures shall include 
provision for worker and citizen complaints.

                 Subtitle B--Health and Safety Program

SEC. 111. ESTABLISHMENT.

    The Secretary shall establish a dedicated national safety and 
health program covering those environmental response employees and 
emergency responders engaged in activities under this Act. Such program 
shall be developed and implemented in consultation with the Secretary 
of Health and Human Services (acting through the Director of the 
National Institute for Occupational Safety and Health) and may, at the 
Secretary's discretion, be implemented and managed by such Institute.

SEC. 112. PROGRAM REQUIREMENT.

    Such program shall include the following:
            (1) The required use of a minimum standard medical 
        examination protocol which shall be required of all those 
        successfully completing any training program required by this 
        Act including annual medical or emergency medical examinations 
        thereafter while any such individual is engaged in work covered 
        by this Act. Medical surveillance protocols for emergency 
        responders covered by this Act shall at a minimum meet the 
        medical surveillance requirements of National Fire Protection 
        Association Standard 1500.
            (2) A medical surveillance program to include all those 
        successfully completing any training program required by this 
        Act.
            (3) A dedicated national injury/illness/fatality 
        surveillance system covering all activities covered by this 
        Act.
            (4) An annual report to Congress on the Program required by 
        this paragraph.

      TITLE II--NATIONAL ENVIRONMENTAL RESPONSE EMPLOYMENT PROGRAM

SEC. 201. EMPLOYMENT OF WOMEN AND MINORITIES.

    The Secretary shall establish a program for the purpose of ensuring 
the employment of minorities and women in those activities covered by 
this Act.

SEC. 202. TRAINING AND EMPLOYMENT OF DISPLACED DOD PERSONNEL.

    The Secretary shall, in cooperation with the Secretary of Defense, 
establish a program directed toward ensuring the availability of 
training and employment in those activities covered by this Act of 
military personnel displaced by Department of Defense department budget 
cuts and restructuring.

SEC. 203. GRANTS TO ENVIRONMENTAL TRAINING PROVIDERS.

    The Secretary shall provide grants to public agencies and nonprofit 
employee organizations qualifying as accredited environmental training 
providers for the purpose of training emergency responder workers under 
this Act in environmental emergency response.

SEC. 204. GRANTS TO JOINT LABOR-MANAGEMENT TRAINING TRUST FUNDS AND 
              LABOR ORGANIZATIONS.

    The Secretary shall provide grants to joint labor-management 
training trust funds and labor organizations which are accredited as 
training providers and which demonstrate access to the target 
population of environmental workers for the purpose of providing 
training and related activities for those workers subject to the 
provisions of this Act.

SEC. 205. GRANTS TO NONPROFIT VETERANS ORGANIZATIONS.

    The Secretary shall provide grants to nonprofit veterans 
organizations to provide recruitment and counseling services to 
recently separated members of the military and other veterans in 
connection with such organizations work with joint labor-management 
training trust funds or labor organizations engaged in providing 
workers in basic skills and environmental response training.

SEC. 206. GRANTS TO NONPROFIT MINORITY AND WOMENS ORGANIZATIONS.

    The Secretary shall provide grants to nonprofit minority and womens 
organizations to provide recruitment and counseling services to 
minority and female applicants in connection with such organizations 
work with joint labor-management training trust funds or labor 
organizations engaged in providing workers in basic skills and 
environmental response training.

  TITLE III--FEDERAL ENVIRONMENTAL COORDINATION COMMITTEE AND RELATED 
                               PROVISIONS

SEC. 301. FEDERAL ENVIRONMENTAL COORDINATION COMMITTEE.

    (a) Establishment.--There is hereby established the Federal 
Environmental Coordination Committee (in this section referred to as 
the ``Committee'').
    (b) Duties.--The Committee shall provide interagency coordination 
of those activities prescribed for in this Act, including the 
coordination described in subsections (a) and (d), of section 302.
    (c) Membership.--The Committee shall be composed of the following 
members:
            (1) The Secretary of Defense.
            (2) The Secretary of Energy.
            (3) The Administrator of the Environmental Protection 
        Agency.
            (4) The Secretary of Housing and Urban Development.
            (5) The Secretary of the Interior.
            (6) The Secretary of Labor.
            (7) The Secretary of Transportation.
            (8) The Secretary of Health and Human Services.
    (d) Chairperson.--The Secretary of Labor shall serve as the 
chairperson of the Committee.
    (e) Support Services.--The Secretary of Labor shall provide support 
services for the Committee.

SEC. 302. RELATED PROVISIONS.

    (a) Enforcement Through Contracting Authority.--The Secretary, 
acting through the Committee, shall promulgate regulations implementing 
the provisions of this Act to be included in the contracting procedures 
of the United States. The Federal Acquisition Regulations as well as 
other regulations applicable to Federal agencies shall contain 
provisions for the implementation and enforcement of the requirements 
of this Act.
    (b) Cooperation With States.--The Secretary may enter into 
cooperative agreements with States for the purpose of carrying out the 
provisions of this Act with respect to any State that has been approved 
by the Secretary, or the Administrator of Environmental Protection 
Agency to provide for the registration of hazardous waste, lead and 
asbestos abatement training providers. In the event of such agreement, 
the provisions of the State law applicable to the compliance and 
enforcement of the training provisions shall be applicable.
    (c) Accreditation and Certification/Licensure Fees.--The Secretary 
(or the State in the case of an authorized State program) shall impose 
a fee on persons operating training programs accredited under this Act 
and contractors or business entities certified or licensed under 
provisions of this Act. The fees shall be established at a level to 
cover the costs associated with the administration and enforcement of 
regulations under this section which are applicable to such programs 
and contractors. Fees shall not be imposed on any State, local 
government, or nonprofit training program.
    (d) Environmental Work Force Research and Studies.--The Secretary, 
in cooperation with the Committee shall undertake a program of research 
and studies relating to the long-term environmental work force 
requirements as well as the training needs to assure safety and health 
of workers in connection with new technologies and methodologies.

                TITLE IV--ADMINISTRATION AND ENFORCEMENT

SEC. 401. ADMINISTRATION.

    The Secretary shall promulgate regulations to carry out the 
provisions of this Act, including provisions for the filing of reports 
by employers, the collection of data relevant to the enforcement of 
this Act, and procedures for enforcement.

SEC. 402. ENFORCEMENT.

    (a) In General.--The Secretary may seek judicial relief against any 
employer who fails to comply with the provision of this Act, including 
the seeking of an injunctive relief to require compliance with the 
training provisions of this Act. For purposes of enforcement and 
injunctive relief, the provisions of section 17 of the Fair Labor 
Standards Act of 1938 shall apply.
    (b) Civil Money Penalties.--The Secretary may also seek civil money 
penalties for the failure to comply with the Act. The provisions of 
section 16(e) of the Fair Labor Standards Act of 1938 and the 
regulations promulgated thereto shall be followed with respect to the 
procedures for assessing civil money penalties and the administrative 
proceedings to be followed.

                                 <all>

HR 4411 IH----2