[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1381 Introduced in House (IH)]

  1st Session
                                H. R. 1381

      To establish a national program to stimulate urban economic 
  redevelopment through environmental remediation and restoration, as 
well as through the development of inner city businesses and employment 
 in the fields of environmental response, remediation, and restoration.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 3, 1995

Mrs. Meek of Florida introduced the following bill; which was referred 
 to the Committee on Ways and Means, and in addition to the Committees 
on Commerce, Economic and Educational Opportunities, National Security, 
and Transportation and Infrastructure, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
      To establish a national program to stimulate urban economic 
  redevelopment through environmental remediation and restoration, as 
well as through the development of inner city businesses and employment 
 in the fields of environmental response, remediation, and restoration.

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Comprehensive 
Economic and Environmental Recovery Act of 1995''.
    (b) Table of Contents.--The table of contents is as follows:

Sec. 1. Short title and table of contents.
                TITLE I--VOLUNTARY ENVIRONMENTAL CLEANUP

Sec. 101. Purposes.
Sec. 102. Definitions.
Sec. 103. Implementation and regulations.
Sec. 104. Cleanup plans.
Sec. 105. Cleanup loan program.
Sec. 106. Tax treatment of voluntary cleanup costs.
     TITLE II--NATIONAL ENVIRONMENTAL BUSINESS DEVELOPMENT PROGRAM

Sec. 201. Purpose.
Sec. 202. Tax incentives for business startups.
     TITLE III--NATIONAL ENVIRONMENTAL RESPONSE, REMEDIATION, AND 
                     RESTORATION TRAINING PROGRAMS

      Subtitle A--National Environmental Response Training Program

Sec. 301. Definitions.
Sec. 302. Establishment.
Sec. 303. Grants to environmental training providers.
Sec. 304. Training and certification in environmental response and 
                            environmental emergency response.
Sec. 305. Secondary education program.
Subtitle B--National Environmental Remediation and Restoration Training 
                                Program

Sec. 311. Purpose.
Sec. 312. Education and training program.
Sec. 313. Grant program.
       TITLE IV--NATIONAL ENVIRONMENT-RELATED EMPLOYMENT PROGRAM

Sec. 401. Hiring incentives.
Sec. 402. Definitions.

                TITLE I--VOLUNTARY ENVIRONMENTAL CLEANUP

SEC. 101. PURPOSES.

    The purposes of this title are--
            (1) to significantly increase the pace of environmental 
        cleanup by establishing a loan program to conduct voluntary 
        cleanups; and
            (2) to benefit public health and welfare, and the 
        environment, by returning contaminated sites to economically 
        productive or other beneficial uses.

SEC. 102. DEFINITIONS.

    For purposes of this title, the following definitions apply:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Innocent landowner.--The term ``innocent landowner'' 
        means a person--
                    (A) who either intends to own, as expressed as an 
                option to buy or other formal agreement, or who owns, 
                an affected site; and
                    (B) who did not, by act or omission, cause or 
                contribute to any contamination or to any release or 
                threatened release of a hazardous substance on the 
                affected site.
            (3) Responsible owner.--The term ``responsible owner'' 
        means a person who owns an affected site on which industrial 
        activities take place.
            (4) Person.--The term ``person'' means an individual, a 
        State, or a local government.
            (5) Affected site.--The term ``affected site'' means a 
        facility that has environmental contamination that--
                    (A) could prevent the timely use, development, 
                reuse or redevelopment of the facility; and
                    (B) is limited in scope and can be comprehensively 
                characterized and readily analyzed.
            (6) Facility.--The term ``facility'' has the meaning 
        provided by section 101(8) of the Comprehensive Environmental 
        Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
        9601 (9)).
            (7) Environmental contamination.--The term ``environmental 
        contamination'' or ``contamination'' means the existence at a 
        facility of one or more contaminants that may pose a health or 
        environmental risk.
            (8) Contaminant.--The term ``contaminant'' includes any 
        hazardous substance and oil, as defined in section 1001(23) of 
        the Oil Pollution Act of 1990 (33 U.S.C. 2701 (23)).
            (9) Hazardous substance.--The term ``hazardous substance'' 
        has the meaning provided by section 101(14) of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9601 (14)).
            (10) Environment.--The term ``environment'' has the meaning 
        provided by section 1001(8) of the Comprehensive Environmental 
        Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
        9601(8)).

SEC. 103. IMPLEMENTATION AND REGULATIONS.

    The Environmental Protection Agency shall implement this title and 
may promulgate any regulations needed to do so. Any regulations needed 
to promulgate this title shall be proposed by the Environmental 
Protection Agency no later than 6 months after the date of the 
enactment of this Act and shall be promulgated no later than 18 months 
after such date of enactment.

SEC. 104. CLEANUP PLANS.

    (a) Submission.--An innocent landowner or a responsible owner may 
submit a cleanup plan with respect to an affected site to the 
Administrator for review and approval.
    (b) Contents.--A cleanup plan shall include the following with 
respect to the affected site:
            (1) An environmental assessment of the affected site which 
        describes the nature and extent of a release or potential 
        release of a hazardous substance and the risk it poses to 
        public health and the environment.
            (2) Proposals to remediate any contamination or condition 
        causing a release or threatened release which poses a risk to 
        public health or the environment.
            (3) Descriptions of measures needed to remove a hazardous 
        substance from the affected site, and a timetable for 
        implementing the measures and for monitoring the measures after 
        they have been completed.
    (c) EPA Review.--The Administrator shall review a plan submitted 
under subsection (a) and, in consultation with the appropriate natural 
resource trustee, make a decision on whether the plan meets the 
requirements of this section not later than 90 days after receipt of 
the plan.
    (d) Public Review.--After the Administrator reviews a proposed 
cleanup plan, the plan shall be subject to a 30-day public review and 
comment period. Notice of the proposed plan shall be published in the 
Federal Register and a newspaper of general circulation serving the 
area in which the identified property is located. The Administrator may 
hold a public hearing on the plan if one is requested.
    (e) EPA Approval.--Not later than 60 days after the public review 
and comment period for a proposed cleanup plan, the Administrator shall 
approve or disapprove the plan.

SEC. 105. CLEANUP LOAN PROGRAM.

    (a) Establishment.--There is hereby established a separate account 
in the United States Treasury to be known as the Cleanup Loan Fund, 
which shall be a special fund administered by the Administrator. Within 
60 days after the date of the enactment of this Act, the Administrator 
shall finalize guidelines and issue application forms to administer the 
Cleanup Loan Fund.
    (b) Purpose.--The purpose of the Cleanup Loan Fund is to provide 
funding to persons undertaking the development and implementation of an 
approved cleanup plan.
    (c) Loan Approval.--In determining whether to award a loan under 
this section, the Administrator shall consider--
            (1) the need of the applicant for financial assistance to 
        clean up the affected site that is the subject of the loan 
        application, taking into consideration the financial resources 
        available to the applicant;
            (2) the ability of the applicant to repay the loan in a 
        timely manner;
            (3) the inability of the applicant to secure a loan from a 
        private lending institution or through other means of 
        financing;
            (4) the extent to which the cleanup of the affected site 
        would reduce health and environmental risks caused by the 
        release of contaminants at, or from, the affected site; and
            (5) the demonstrable potential of the affected site for 
        stimulating economic development on completion of the cleanup.
    (d) Loan Agreements.--Each loan under this section shall be made 
pursuant to a loan agreement. At a minimum, the loan agreement shall 
include provisions that address the following items:
            (1) The loan shall bear interest at a rate not to exceed 2 
        percent and for up to one-half of the costs incurred for the 
        cleanup.
            (2) The loan shall be in an amount not exceeding $750,000.
            (3) The maturity period of the loan (as determined by the 
        Administrator) shall not exceed 10 years.
            (4) The repayment of the loan during the maturity period 
        shall be in accordance with any schedule for payments that the 
        Administrator may specify in the loan agreement.
            (5) Each payment referred to in paragraph (4) shall be made 
        to the Secretary of the Treasury for deposit in the General 
        Fund of the Treasury.
            (6) If the sale or redevelopment of the affected site 
        results in a net profit to the applicant (taking into 
        consideration any amount of reimbursement that may be required 
        under this paragraph) in an amount greater than or equal to 10 
        percent, in addition to paying interest on the loan (as 
        specified in paragraph (1)), the applicant shall make a payment 
        to reimburse the Federal Government for the full and actual 
        costs incurred by the Federal Government of making the loan to 
        the applicant, including any administrative costs.
            (7) The applicant shall comply with all applicable Federal 
        and State laws (including regulations) applicable to the 
        cleanup and shall proceed in accordance with any voluntary 
        cleanup program in effect in the State.
            (8) The applicant shall guarantee repayment of the loan.
            (9) The applicant shall use the loan solely for purposes of 
        cleaning up the environmental contamination at the affected 
        site, and shall return any excess funds to the Administrator 
        immediately on a determination by the Administrator that the 
        cleanup has been completed.
            (10) The loan shall not be transferable, unless the 
        Administrator agrees to the transfer in writing.
            (11) The loan agreement may include such other terms and 
        conditions that the Administrator determines necessary to 
        protect the financial interests of the United States.
    (e) Federal Lien.--
            (1) In general.--A lien in favor of the United States shall 
        arise on the contaminated property subject to a loan under this 
        section. The lien shall cover all real property included in the 
        legal description of the property at the time the loan 
        agreement provided for in this section is signed, and all 
        rights to the property, and shall continue until the terms and 
        conditions of the loan agreement have been fully satisfied. The 
        lien shall arise at the time the United States grants a loan 
        under this section, and shall not be subject to the rights of 
        any purchaser, holder of a security interest, or judgment lien 
        creditor whose interest is or has been perfected under 
        applicable State law, except that any interest held by the 
        United States as security for a loan under this section shall 
        be subordinate to any lien on the property for taxes due on the 
        property to a State or political subdivision of a State.
            (2) Definitions.--As used in this paragraph, the terms 
        ``security interest'' and ``purchaser'' shall have the meaning 
        provided the terms in paragraphs (1) and (6), respectively, 
        under section 6323(h) of the Internal Revenue Code of 1986.
    (f) Enforcement.--
            (1) In general.--If any person fails to comply with any 
        condition of a loan agreement entered into pursuant to this 
        section, the Administrator may request the Attorney General of 
        the United States to commence a civil action in an appropriate 
        district court of the United States to enforce the loan 
        agreement.
            (2) Jurisdiction of district court.--The district court 
        shall have jurisdiction to enforce the loan agreement and grant 
        such relief as the public interest and the equities of the case 
        may require.
    (g) Funds.--In addition to any funds appropriated by Congress, at 
least $10,000,000 shall be transferred on July 1 of each year from the 
Hazardous Substance Superfund to the Cleanup Loan Fund. Monies received 
by the Administrator as repayment of outstanding loans shall be 
deposited in the Cleanup Loan Fund. Any interest earned by monies in 
the Cleanup Loan Fund shall remain in the Fund. The first transfer of 
funds from the Hazardous Substance Superfund required by this paragraph 
shall occur within 60 days after the date of the enactment of this Act.
    (h) Annual Report.--On October 1 of each year, the Administrator 
shall submit to Congress a report on the loans, expenditures, and 
commitments made from the Cleanup Loan Fund.

SEC. 106. TAX TREATMENT OF VOLUNTARY CLEANUP COSTS.

    (a) In General.--Section 162 of the Internal Revenue Code of 1986 
(relating to trade or business expenses) is amended by adding at the 
end the following new subsection:
    ``(m) Voluntary Cleanup Costs.--The deduction allowed by subsection 
(a) shall include all amounts paid or incurred in connection with 
preparing and implementing an approved cleanup plan under title I of 
the Comprehensive Economic and Environmental Recovery Act of 1995.''.
    (b) Effective Date.--Subsection (m) of section 162 of the Internal 
Revenue Code of 1986, as added by subsection (a), shall apply with 
respect to taxable years beginning after the date of enactment of this 
Act.

     TITLE II--NATIONAL ENVIRONMENTAL BUSINESS DEVELOPMENT PROGRAM

SEC. 201. PURPOSE.

    The purpose of this title is to stimulate the creation of 
environmental jobs and business opportunities by individuals and small 
businesses in targeted urban areas through reduction of the social 
security tax burden.

SEC. 202. TAX INCENTIVES FOR BUSINESS STARTUPS.

    (a) Corporations.--
            (1) In general.--Section 3111 of the Internal Revenue Code 
        of 1986 (relating to employer social security taxes) is amended 
        by adding at the end the following new subsection:
    ``(d) New Environmental Businesses Exempt From Tax.--
            ``(1) In general.--No tax shall be imposed by this section 
        on the wages paid during a calendar year to any owner-employee 
        of an employer which is a new environmental business for such 
        calendar year.
            ``(2) Exception.--Paragraph (1) shall not apply to wages 
        paid during any calendar year to an owner-employee after the 
        first $100,000 of wages are paid to such employee during such 
        year.
            ``(3) New environmental business.--For purposes of this 
        subsection, the term `new environmental business' means, with 
        respect to any calendar year, any corporation--
                    ``(A) which is a small business concern (as defined 
                pursuant to section 3 of the Small Business Act),
                    ``(B) which meets requirements similar to the 
                requirements of section 1397B with respect to a 
                targeted urban area,
                    ``(C) which is a new business for such calendar 
                year, and
                    ``(D) which, during such year--
                            ``(i) trains and certifies environmental 
                        response employees and emergency responders,
                            ``(ii) employs environmental response 
                        employees and emergency responders, or
                            ``(iii) performs environmental assessments, 
                        environmental remediation, or environmental 
                        restoration.
            ``(4) New business.--For purposes of this subsection, the 
        term `new business' means, with respect to any calendar year, 
        any corporation if no principal shareholder of such entity was 
        engaged in any trade or business for periods aggregating more 
        than 3 years during the 10-year period preceding such calendar 
        year.
            ``(5) Principal shareholder.--For purposes of this 
        subsection, the term `principal shareholder' means any person 
        who directly or indirectly owns--
                    ``(A) stock having more than 5 percent of the total 
                voting power of the stock of the corporation, or
                    ``(B) stock having a value equal to more than 5 
                percent of the total value of the stock of the 
                corporation.
            ``(6) Owner-employee.--For purposes of this subsection, the 
        term `owner-employee' means any employee who is a principal 
        shareholder of the employer.
            ``(7) Targeted urban area.--For purposes of this 
        subsection, the term `targeted urban area' means an urban area 
        that meets the eligibility criteria in section 1392.
            ``(8) Environmental restoration.--For purposes of this 
        subsection, the term `environmental restoration' means to 
        return a site, or some of its components, to as reasonably as 
        close to a natural, predisturbance condition as is justifiable, 
        with consideration given to the implementation and the 
        opportunity costs incurred.
            ``(9) Other definitions.--For purposes of this subsection, 
        the terms `environmental response employees' and `emergency 
        responders' have the meanings given those terms by section 301 
        of the Comprehensive Economic and Environmental Recovery Act of 
        1995.
            ``(10) Termination.--Paragraph (1) shall not apply to wages 
        paid in any calendar year after 2000.''
            (2) Effective date.--The amendment made by this subsection 
        shall apply to wages paid in calendar years beginning after the 
        date of the enactment of this Act.
    (b) Comparable Treatment for Sole Proprietorships and 
Partnerships.--
            (1) In general.--Section 1402 of such Code is amended by 
        adding at the end the following new subsection:
    ``(k) New Environmental Businesses Owners Exempt From Tax.--
            ``(1) In general.--In the case of a principal owner of a 
        new environmental business, the rate of tax imposed by section 
        1401 shall be 50 percent of the otherwise applicable rate on so 
        much of the net earnings from self-employment for the taxable 
        year which are attributable to such business as do not exceed 
        the excess of--
                    ``(A) $100,000, reduced by
                    ``(B) the amount of wages--
                            ``(i) which are received by such owner 
                        during the calendar year in which such taxable 
                        year begins, and
                            ``(ii) on which no tax was imposed by 
                        section 3111 by reason of subsection (d) 
                        thereof.
            ``(2) New environmental business.--For purposes of this 
        subsection, the term `new environmental business' means, with 
        respect to any taxable year beginning in a calendar year, any 
        sole proprietorship or partnership--
                    ``(A) which meets the requirements of subparagraphs 
                (A), (B), and (D) of section 3111(d)(3) for such 
                calendar year, and
                    ``(B) which is a new business for such calendar 
                year.
            ``(3) New business.--For purposes of this subsection, the 
        term `new business' means, with respect to any calendar year, 
        any sole proprietorship or partnership if no principal owner 
        thereof was engaged in any trade or business for periods 
        aggregating more than 3 years during the 10-year period 
        preceding such calendar year.
            ``(4) Principal owner.--For purposes of this subsection, 
        the term `principal owner' means--
                    ``(i) in the case of a sole proprietorship, the 
                sole proprietor, and
                    ``(ii) in the case of a partnership, any partner 
                who directly or indirectly owns more than 5 percent of 
                the capital or profits interests in the partnership.
            ``(5) Termination.--Paragraph (1) shall not apply to any 
        taxable year beginning after December 31, 2000.''
            (2) Effective date.--The amendment made by this subsection 
        shall apply to taxable years beginning after the date of the 
        enactment of this Act.

     TITLE III--NATIONAL ENVIRONMENTAL RESPONSE, REMEDIATION, AND 
                     RESTORATION TRAINING PROGRAMS

      Subtitle A--National Environmental Response Training Program

SEC. 301. DEFINITIONS.

    For purposes of this subtitle, the following definitions apply:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (3) 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.
            (4) 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 firefighters 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 firefighters or 
                emergency response personnel who receive payment, 
                including an annual stipend or payment on a per call or 
                pet 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 firefighters or 
                emergency personnel who do not receive payment other 
                than indirect compensation such as insurance or 
                retirement benefits.
                    (D) Firefighters under contract to a corporation or 
                other business entity, including--
                            (i) full time, paid firefighters organized 
                        as an industrial fire brigade, and
                            (ii) maintenance engineering personnel who 
                        are expected to respond to hazardous materials 
                        incidents individually or as a team 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.
            (5) 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.
            (6) 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)).
            (7) 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.
            (8) Environmental response employer.--The term 
        ``environmental response employer'' means an individual or 
        business entity that--
                    (A) is or may be carrying out environmental 
                response actions directly, under contract, subcontract, 
                or otherwise; and
                    (B) uses one or more of its employees in connection 
                with such activity.
            (9) Qualified individual.--The term ``qualified 
        individual'' means a person who is a resident of a targeted 
        urban area and is either in high school or has a high school 
        diploma or its equivalent and is unemployed or underemployed.
            (10) Targeted urban area.--The term ``targeted urban area'' 
        means an urban area that meets the eligibility criteria in 
        section 1392 of the Internal Revenue Code of 1986.

SEC. 302. ESTABLISHMENT.

    (a) In General.--The Secretary shall establish a National 
Environmental Response Training Program for the purpose of--
            (1) training and certifying, in accordance with section 
        304, targeted urban area residents who are unemployed or 
        underemployed to become environmental response employees and 
        emergency responders; and
            (2) providing grants, in accordance with section 303, to 
        environmental training providers.
    (b) Regulations.--Not later than one 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. 303. GRANTS TO ENVIRONMENTAL TRAINING PROVIDERS.

    (a) Establishment.--The Secretary and the Administrator shall 
provide grants to public agencies and non-profit organizations 
qualifying as environmental training providers, as determined by the 
Secretary and the Administrator, for the purpose of training qualified 
individuals in the field of environmental response or environmental 
emergency response.
    (b) Grant Eligibility Criteria.--An organization is eligible to 
receive a grant from the Secretary and Administrator under subsection 
(a) if it--
            (1) demonstrates, to the satisfaction of the Secretaries 
        and Administrator, an ability to recruit and counsel qualified 
        individuals for participation in the program under this 
        section;
            (2) has entered into an agreement with a joint labor-
        management training fund established consistent with section 
        8(f) of the National Labor Relations Act (29 U.S.C. 158(f)) to 
        implement and operate a training and employment program for 
        qualified individuals;
            (3) agrees under the agreement referred to in paragraph (2) 
        to use grant funds to carry out a program that will provide 
        qualified individuals with training for employment in the field 
        of environmental response or environmental emergency response;
            (4) agrees that the training provided to any qualified 
        individual may not exceed a period of 18 months;
            (5) demonstrates actual experience in providing training 
        for qualified individuals under an agreement referred to in 
        paragraph (2);
            (6) agrees to make, and agrees to require its subgrantees 
        to make, a substantial in-kind contribution (as determined by 
        the Secretary and Administrator) from non-Federal sources to 
        the program under this section; and
            (7) gives its assurances, to the satisfaction of the 
        Secretary that full-time, permanent jobs will be available for 
        individuals successfully completing the training program, with 
        a special emphasis on jobs with employers in field of 
        environmental response or environmental emergency response in 
        the targeted urban area.
    (c) Use of Funds.--Funds made available to carry out this section 
may only be used for tuition and local travel expenses of participants, 
except that the Secretary of Labor, Secretary of Education, and 
Administrator may provide that not more than a total of 4 percent of 
all the funds made available under this section may be used for 
administrative expenses of grantees and subgrantees.
    (d) Limitation on Tuition Charged.--The amount of tuition charged 
qualified individuals participating in a training program funded under 
a grant received under this section may not exceed the amount of 
tuition charged to others participating in programs substantially 
similar to that training program.

SEC. 304. TRAINING AND CERTIFICATION IN ENVIRONMENTAL RESPONSE AND 
              ENVIRONMENTAL EMERGENCY RESPONSE.

    (a) Training Program.--
            (1) Establishment.--Not later than 6 months after the date 
        of the enactment of this Act, the Administrator and the 
        Secretary shall establish a training program for qualified 
        individuals in order to enable such individuals to acquire 
        employment in field of environmental response or environmental 
        emergency response and to become certified under subsection 
        (b).
            (2) Program activities.--The program established pursuant 
        to paragraph (1) shall include training related to the fields 
        of environmental response and environmental emergency response, 
        including the training described in paragraph (3). The program 
        may include educational activities and training related to 
        construction, containment of oil and hazardous waste, removal 
        of oil and hazardous waste, and disposal of oil and hazardous 
        waste.
            (3) Specific training requirements.--The program 
        established pursuant to paragraph (1) shall include the 
        following requirements:
                    (A) Hazardous waste site workers.--
                            (i) For general hazardous waste site 
                        workers (as defined by the Secretary pursuant 
                        to section 126(b)(2) of the Superfund 
                        Amendments and Reauthorization Act of 1986), at 
                        least 40 hours of training, including a minimum 
                        of 18 hours of 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 may establish additional training 
                        requirements for such trades or categories, not 
                        to exceed 80 hours of training, including up to 
                        30 hours of hands-on training.
                            (ii) For hazardous waste site workers 
                        regularly on-site, at least 36 hours of 
                        training, including 8 hours that are supervised 
                        field training at the specific site.
                            (iii) For hazardous waste site supervisors, 
                        an additional 8 hours of supervisor-specific 
                        training after successful completion of the 
                        training described in clause (i) or (ii).
                            (iv) For all hazardous waste site workers 
                        and supervisors, annual refresher training of 
                        at least 8 hours, in addition to the training 
                        described in clause (i), (ii), or (iii), as 
                        applicable.
                    (B) Treatment, storage, and disposal facility 
                workers.--
                            (i) For treatment, storage, and disposal 
                        facility site workers (as defined by the 
                        Secretary pursuant to subtitle C of the Solid 
                        Waste Disposal Act), at least 40 hours of 
                        training, including a minimum of 8 hours of 
                        hands-on training.
                            (ii) For supervisors of such workers, an 
                        additional 8 hours of supervisor-specific 
                        training after successful completion of the 
                        training described in clause (i).
                            (iii) For all treatment, storage, and 
                        disposal facility site workers and supervisors, 
                        annual refresher training of at least 8 hours, 
                        in addition to the training described in clause 
                        (i) or (ii), as applicable.
                    (C) Environmental emergency responders.--For 
                environmental emergency responders, the following 
                requirements:
                            (i) Operations level: 40 hours, including 
                        awareness level.
                            (ii) Technician level: 80 hours additional 
                        beyond operations level.
                            (iii) Specialists level: 100 hours 
                        additional beyond technician level.
                            (iv) Incident Commander: 16 hours 
                        additional beyond technician level.
                            (v) Annual refresher: 8 hours in all 
                        categories.
                            (vi) 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.
    (b) Certification.--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, as long as 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)(3).
    (c) 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. 305. SECONDARY EDUCATION PROGRAM.

    (a) Curriculum Development.--The Secretary of Labor and the 
Secretary of Education shall develop cooperatively with local 
educational agencies an academic/work-site experience curriculum for 
11th and 12th grade students that will enable those who successfully 
complete the curriculum to become environmental response employees or 
emergency responders.
    (b) Grants.--The Secretary of Labor and the Secretary of Education 
shall provide grants to local communities for the purpose of 
implementing academic/work-site experience curriculum developed 
pursuant to subsection (a).
    (c) Grant Eligibility.--A local community is eligible to apply for 
a grant under this section if--
            (1) the local community is located within a targeted urban 
        area;
            (2) hazardous waste facilities are located within the 
        community;
            (3) a vocational and technology high school is located 
        within the community; and
            (4) the community has entered into a partnership with local 
        businesses that employ emergency responders or environmental 
        response employees to provide work-site experience 
        opportunities to students.
    (d) Approval of Application.--The Secretaries of Education and 
Labor may approve an application submitted by a local community under 
this section only if the community demonstrates in such application 
that the activities proposed to be undertaken by the community will 
lead to a reduction in the unemployment rate for the targeted urban 
area in which the community is located.
    (e) Local Educational Agency Responsibilities.--Each local 
educational agency that receives a grant under this section shall 
implement an environmental response and environmental emergency 
response academic/work site experience program that--
            (1) integrates occupational, technical, and academic 
        instruction;
            (2) integrates work-site training and classroom instruction 
        throughout the 2 years (grades 11 and 12) of the academic/work-
        site program;
            (3) ensures that employers will devote the staff, 
        facilities, and equipment necessary to provide youth 
        apprentices with adequate work-site supervision, quality 
        instruction, and hands-on training on an ongoing basis; and
            (4) provides instruction sufficient to enable students to 
        satisfy State requirements for a high school diploma together 
        with an environmental response or environmental emergency 
        response skills certificate, upon completion of the 12th grade.

Subtitle B--National Environmental Remediation and Restoration Training 
                                Program

SEC. 311. PURPOSE.

    To require the Administrator to establish a program to provide 
career training to eligible individuals in order to enable them to 
acquire proficiency in environmental assessment, remediation, and 
restoration, and for other purposes.

SEC. 312. EDUCATION AND TRAINING PROGRAM.

    (a) In General.--
            (1) Eligible individual.--For the purpose of this subtitle, 
        an eligible individual is a person--
                    (A) who has either a high school diploma or its 
                equivalence,
                    (B) who is enrolled in or accepted into a qualified 
                institution of higher education, and
                    (C) who resides in a targeted area.
            (2) Establishment of a program.--
                    (A) In general.--Not later than 6 months after the 
                date of the enactment of this Act, the Administrator, 
                in consultation with the Secretaries of Defense and 
                Energy, shall establish an education and training 
                program in qualified institutions of higher education 
                for qualified individuals in order to enable such 
                individuals to acquire career training in environmental 
                engineering, environmental sciences, or environmental 
                project management as it relates to hazardous waste 
                response, cleanup, and restoration.
                    (B) Development of academic/on-site skills training 
                program.--In carrying out the program, the 
                Administrator, in consultation with the Secretaries of 
                Defense and Energy, shall develop and implement an 
                academic program for qualified individuals at 
                institutions of higher education at both undergraduate 
                and graduate levels, and which may lead to the awarding 
                of an academic degree or a certification that is 
                supplemental to an academic degree.
            (3) Program activities.--
                    (A) In general.--The program established pursuant 
                to paragraph (1) may include educational activities and 
                training related to--
                            (i) site remediation;
                            (ii) site characterization;
                            (iii) hydrology; and
                            (iv) training for positions related to 
                        environmental engineering, environmental 
                        sciences, or environmental project management 
                        (including training for management positions).
                    (B) Educational activities.--The program 
                established pursuant to paragraph (1) shall include 
                educational activities designed for personnel 
                participating in a program to achieve specialization in 
                the following fields:
                            (i) Earth sciences.
                            (ii) Chemistry.
                            (iii) Chemical engineering.
                            (iv) Environmental engineering.
                            (v) Statistics.
                            (vi) Toxicology.
                            (vii) Biology.
                            (viii) Industrial hygiene.
                            (ix) Health physics.
                            (x) Environmental project management.
                            (xi) Any other field that the Administrator 
                        determines to be appropriate.

SEC. 313. GRANT PROGRAM.

    (a) In General.--The Secretaries of Defense and Energy and the 
Administrator shall provide grants to a qualified institutions of 
higher education under this section only if such institutions submit to 
the Administrator an application which contains such information as the 
former may reasonably require.
    (b) Assurances.--Such an application shall include assurances that 
the institution of higher education will use Federal funds received 
from a grant under this section to supplement and not supplant non-
Federal funds that would otherwise be available for activities funded 
under this section.
    (c) Funding.--
            (1) Environmental protection agency.--
                    (A) In general.--Subject to the limitation in 
                subparagraph (B), 50 percent of the cost of carrying 
                out this section shall be funded from amounts made 
                available for fiscal year 1996 to the Environmental 
                Protection Agency pursuant to the Comprehensive 
                Environmental Response, Compensation, and Liability Act 
                of 1980 (42 U.S.C. 960 et seq.).
                    (B) Limitation.--Not more than 1 percent of the 
                amounts made available for fiscal year 1996 to the 
                Environmental Protection Agency pursuant to the 
                Comprehensive Environmental Response, Compensation, and 
                Liability Act of 1980 (42 U.S.C. 9601 et seq.) may be 
                used to carry out this section.
                    (C) Special rule.--Amounts provided under this 
                paragraph shall be used to supplement and not supplant 
                other funds provided to such centers by the 
                Environmental Protection Agency.
            (2) Department of defense.--
                    (A) In general.--Subject to the limitation in 
                subparagraph (B), 25 percent of the cost of carrying 
                out this section shall be funded from amounts 
                appropriated for fiscal year 1996 to the Department of 
                Defense Environmental Restoration Account established 
                in section 2703 of title 10, United States Code.
                    (B) Limitation.--Not more than 1 percent of the 
                amounts appropriated for fiscal year 1996 to the 
                Defense Environmental Restoration Account established 
                in section 2703 of title 10, United States Code, may be 
                used to carry out this section.
                    (C) Transfer.--The Secretary of Defense shall 
                transfer an amount determined in accordance with 
                subparagraphs (A) and (B) to the Environmental 
                Protection Agency, pursuant to the authority granted 
                the Secretary under section 2703 of title 10, United 
                States Code.
            (3) Department of energy.--
                    (A) In general.--Subject to the limitation 
                described in subparagraph (B), 25 percent of the cost 
                of carrying out this section shall be funded from 
                amounts appropriated for fiscal year 1996 to the 
                Department of Energy for the purpose of environmental 
                cleanup.
                    (B) Limitation.--The limitation described in this 
                subparagraph is that not more than 1 percent of the 
                amounts made available for fiscal year 1996 to the 
                Department of Energy may be used to carry out this 
                section.
                    (C) Special rule.--Amounts provided under this 
                paragraph to The Environmental Protection Agency shall 
                be used to supplement and not supplant other funds 
                provided to such centers by the Department of Energy.
    (d) Use of Funds.--
            (1) In general.--A qualified institution of higher 
        education shall use amounts received from a grant under this 
        section to establish a consortium consisting of the institution 
        and the entities described in paragraph (2) for the purpose of 
        establishing a program to provide education and training in 
        environmental restoration to the qualified individuals.
            (2) Entities described.--The entities described in this 
        paragraph are 1 or more of each of the following:
                    (A) Representatives of appropriate State and local 
                agencies.
                    (B) Community-based organizations.
                    (C) Business.
                    (D) Labor organizations.
                    (E) Other appropriate educational institutions.
                    (F) Local Federal facilities involved in 
                environmental assessment and restoration.
    (e) Conduct of Program.--
            (1) Provision of education and training in environmental 
        assessment, remediation, and restoration.--
                    (A) In general.--The consortium shall establish and 
                provide a work-based learning system consisting of 
                education and training in environmental assessment, 
                remediation, and restoration, which may include basic 
                educational courses; on-site basic skills training; and 
                mentor assistance to qualified individuals, which may 
                lead to the awarding of a certificate of completion or 
                advance degree at the institution of higher education.
                    (B) Use of closed military installation or other 
                Federal facility.--To the extent practicable, the 
                consortium shall utilize a military installation closed 
                or selected to be closed under a base closure law or 
                other contaminated Federal facility in providing on-
                site basic skills training to qualified individuals.
            (2) Outreach and recruitment.--The consortium shall 
        undertake outreach and recruitment efforts to encourage 
        participation by eligible individuals in the program described 
        under subsection (a)(1) of section 112.
            (3) Instructors.--The consortium shall, to the extent 
        practicable, select instructors for the program established 
        under subsection (d)(1) from institutions of higher education, 
        appropriate community programs, and industry and labor.
            (4) Job placement services.--The consortium shall provide 
        job placement services to each eligible individual who receives 
        a certificate of completion or advance degree under paragraph 
        (1)(A).
            (5) Coordination.--To the extent practicable, the 
        consortium shall consult with appropriate Federal, State, and 
        local agencies carrying out environmental assessment, 
        remediation, and restoration programs for the purpose of 
        achieving coordination among such programs and the program 
        established by the consortium under subsection (d)(1).

       TITLE IV--NATIONAL ENVIRONMENT-RELATED EMPLOYMENT PROGRAM

SEC. 401. HIRING INCENTIVES.

    Federal agencies authorized to award contracts to carry out 
environmental response or environmental emergency response shall give 
preference to firms that--
            (1) meet the requirements of the contract;
            (2) are located in a targeted urban area; and
            (3) have a payroll in which at least 25 percent of their 
        certified environmental response employees and emerging 
        responders reside in a targeted urban area, or, in cases where 
        availability of certified environmental response employees and 
        emerging responders does not allow firms to comply, actively 
        participate in a youth apprenticeship program.

SEC. 402. DEFINITIONS.

    For purposes of this title, the terms ``environmental response'', 
``environmental emergency response'', ``targeted urban area'', 
``environmental response employee'', and ``emergency responder'' have 
the meanings provided those terms by section 301.
                                 <all>
HR 1381 IH----2
HR 1381 IH----3
HR 1381 IH----4