[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5654 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5654

  To amend the Workforce Investment Act of 1998 to provide oil spill 
               relief employment, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 30, 2010

 Mr. McDermott (for himself, Mr. Israel, Mr. Langevin, Mr. Connolly of 
 Virginia, Mr. Himes, Ms. Sutton, Mr. Hinchey, Mr. Blumenauer, and Mr. 
Lewis of Georgia) introduced the following bill; which was referred to 
the Committee on Education and Labor, and in addition to the Committee 
 on 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 amend the Workforce Investment Act of 1998 to provide oil spill 
               relief employment, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gulf Coast Restoration Act''.

SEC. 2. AMENDMENTS TO THE WORKFORCE INVESTMENT ACT OF 1998.

    (a) In General.--Section 173(a) of the Workforce Investment Act of 
1998 (29 U.S.C. 2918(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (3);
            (2) by striking the period at the end of paragraph (4) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(5) to provide assistance to the Governor of any State 
        within the boundaries of an area that is the subject of a 
        Presidential determination that additional resources are 
        necessary to respond to an incident related to a spill of 
        national significance declared under the National Contingency 
        Plan provided for under section 105 of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9605) (`covered incident') by providing oil spill 
        relief employment in the area in accordance with subsection 
        (h).''.
    (b) Oil Spill Relief Employment Assistance Requirements.--Section 
173 of the Workforce Investment Act of 1998 (29 U.S.C. 2918) is amended 
by adding at the end the following:
    ``(h) Oil Spill Relief Employment Assistance Requirements.--
            ``(1) In general.--Funds made available under subsection 
        (a)(5)--
                    ``(A) shall be used to provide oil spill relief 
                employment on projects with respect to cleaning, 
                restoration, renovation, repair, and reconstruction 
                (including the construction of infrastructure to 
                facilitate ecosystem and habitat restoration, 
                protection, creation, enhancement and species 
                repopulation) of lands, marshes, waters, structures, 
                and facilities, located within an area of a covered 
                incident, as well as offshore areas related to such 
                incident, and projects that provide food, clothing, 
                shelter, and other humanitarian assistance to 
                individuals harmed by the covered incident;
                    ``(B) shall be used to establish general cleanup 
                standards approved by the Secretary for the selection 
                of remedial actions for an area of a covered incident 
                (including offshore areas related to such incident);
                    ``(C) may be expended through public and private 
                agencies and organizations engaged in projects 
                described in subparagraph (A);
                    ``(D) may be expended to provide employment and 
                training activities;
                    ``(E) may be expended to provide personal 
                protective equipment to workers engaged in oil spill 
                relief employment described in subparagraph (A);
                    ``(F) may be used to increase the capacity of 
                States to make available the full range of services 
                authorized under this title and provide information (in 
                languages appropriate to the individuals served) about, 
                and access to, the variety of public and private 
                services available to individuals adversely affected by 
                the covered incident at one-stop centers described in 
                section 134(c) and other access points (including other 
                public facilities, mobile service delivery units, and 
                social services offices); and
                    ``(G) may be used to provide temporary employment 
                by public sector entities, in addition to the oil spill 
                relief employment described in subparagraph (A).
            ``(2) Priority.--An individual shall be given priority 
        consideration for the oil spill relief employment described in 
        subsection (a)(5) if such individual--
                    ``(A) is temporarily or permanently laid off as a 
                consequence of a covered incident with respect to which 
                such employment is being provided;
                    ``(B) is a dislocated worker;
                    ``(C) has been an unemployed individual for a 
                prolonged period; or
                    ``(D) meets such other criteria as the Secretary 
                may establish.
            ``(3) Prevailing wages.--The Secretary shall require that 
        each State receiving support under subsection (a)(5) provide 
        reasonable assurance that all employees and contractors 
        employed in the performance of a project for which the support 
        is provided will be paid wages at rates not less than those 
        prevailing on similar work in the locality as determined by the 
        Secretary of Labor in accordance with subchapter IV of chapter 
        31 of part A of subtitle II of title 40, United States Code 
        (commonly referred to as the `Davis-Bacon Act').
            ``(4) Limitations on oil spill relief employment 
        assistance.--An individual shall be employed under subsection 
        (a)(5) in oil spill relief employment with respect to a covered 
        incident for a period of 6 months. Such period of employment 
        may be subject to an extension for a period determined by the 
        Secretary.
            ``(5) Reimbursement.--Each party responsible for a covered 
        incident under the Oil Pollution Act of 1990 (33 U.S.C. 2701 et 
        seq.) shall, upon the demand of the Secretary of the Treasury, 
        reimburse the general fund of the Treasury for the costs 
        incurred by the United States under subsection (a)(5) with 
        respect to such incident, as well as the costs of the United 
        States in administering its responsibilities under subsection 
        (a)(5) with respect to such incident. If a responsible party 
        fails to pay a demand of the Secretary of the Treasury pursuant 
        to subsection (a)(5), the Secretary shall request the Attorney 
        General to bring a civil action against the responsible party 
        or a guarantor in an appropriate district court to recover the 
        amount of the demand, plus all costs incurred in obtaining 
        payment, including prejudgment interest, attorneys fees, and 
        any other administrative and adjudicative costs involved. Such 
        reimbursement shall be without regard to limits of liability 
        under the section 1004 of the Oil Pollution Act of 1990 (33 
        U.S.C. 2704).
            ``(6) Use of available funds.--Funds appropriated for 
        fiscal years 2009 and 2010 and remaining available for 
        obligation by the Secretary to provide any assistance 
        authorized under this section shall be available to assist 
        workers affected by a covered incident, including workers who 
        have relocated from areas in which a covered incident has been 
        declared. Under such conditions as the Secretary may approve, 
        any State may use funds that remain available for expenditure 
        under any grants awarded to the State under this section to 
        provide any assistance authorized under subsection (a)(5). 
        Funds used pursuant to the authority provided under this 
        paragraph shall be subject to the reimbursement requirements 
        described in paragraph (5).
            ``(7) Requirements for grant applications.--In order to 
        receive funds under subsection (a)(5), a State shall submit an 
        application at such time, in such manner, and containing such 
        information as the Secretary may require. Such application 
        shall include a detailed description of--
                    ``(A) how the State will ensure the capacity of 
                one-stop centers described in section 134(c) and other 
                access points to--
                            ``(i) provide affected individuals with 
                        information, in languages appropriate to the 
                        individuals served, about the range of 
                        available services; and
                            ``(ii) provide affected individuals with 
                        access to the range of needed services;
                    ``(B) how the State will prioritize individuals who 
                are temporarily or permanently laid off as a 
                consequence of the covered incident in the assignment 
                of temporary employment positions; and
                    ``(C) any other supporting information the 
                Secretary may require.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect immediately upon the date of the enactment of this section and 
shall apply to all responsible parties under the Oil Pollution Act of 
1990 (33 U.S.C. 2701 et seq.), including any party determined to be 
liable under such Act for any incident that occurred prior to the date 
of the enactment of the amendments made by this section.

SEC. 3. GULF COAST COMMUNITY CONSERVATION CORPS.

    (a) Authority.--From the amounts appropriated to carry out this 
section, the Corporation for National and Community Service (in this 
section referred to as the ``Corporation''), pursuant to section 126(b) 
and subtitle E of title I of the National and Community Service Act of 
1990 (42 U.S.C. 12576(b)), shall carry out the activities authorized 
under this section.
    (b) Establishment.--
            (1) In general.--There is established a Gulf Coast 
        Community Conservation Corps (in this section referred to as 
        the ``Gulf Coast CCC''), to be administered by the Corporation 
        directly, or by grant or contract, to carry out full- or part-
        time service national service programs that provide oil spill 
        relief in accordance with subsection (d) in areas that are the 
        subjects of a Presidential determination that additional 
        resources are necessary to respond to a covered incident.
            (2) Existing grants or contracts.--A grant or contract 
        awarded under paragraph (1) may be awarded to an entity with 
        which the Corporation has an existing grant or contract.
    (c) Participants.--
            (1) Eligibility.--To be eligible to participate in a 
        national service program carried out by the Gulf Coast CCC, an 
        individual--
                    (A) shall be participating in a national service 
                program under the national service laws; or
                    (B) shall be determined to be eligible in a manner 
                that is consistent with the determination of 
                eligibility under the national service laws.
            (2) Benefits.--An individual selected to participate in a 
        national service program carried out by the Gulf Coast CCC 
        shall be eligible for any living allowances, educational 
        awards, and other support that are authorized for a participant 
        under the national service laws.
            (3) Priority.--In selecting participants under paragraph 
        (1), priority shall be given to unemployed individuals between 
        the ages of 18 through 24.
            (4) Training.--Training for participants serving in the 
        Gulf Coast CCC shall include an environmental education 
        component.
    (d) Programs.--National service programs carried out by the Gulf 
Coast CCC shall--
            (1) include programs--
                    (A) involving the cleaning, restoration, 
                renovation, repair, and reconstruction (including the 
                construction of infrastructure to facilitate ecosystem 
                and habitat restoration, protection, creation, 
                enhancement and species repopulation), of lands, 
                marshes, waters, structures, and facilities located 
                within the area of the covered incident, as well as 
                offshore areas related to such incident; and
                    (B) providing food, clothing, shelter, and other 
                assistance to communities and individuals harmed by the 
                covered incident; and
            (2) comply with the nonduplication and nondisplacement 
        provisions of section 177 of the National and Community Service 
        Act of 1990 (42 U.S.C. 12637).
    (e) Educational Assistance.--From funds appropriated to carry out 
this section, the Corporation may transfer funds to the National 
Service Trust established under section 145 of the National and 
Community Service Act of 1990 (42 U.S.C. 12601) to provide in-service 
or post-service benefits to, or funds to otherwise support, individuals 
participating in a national service program carried out by the Gulf 
Coast CCC.
    (f) Reimbursement.--Each party responsible for a covered incident 
under the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) shall, 
upon the demand of the Secretary of the Treasury, reimburse the general 
fund of the Treasury for the costs incurred by the United States under 
this section with respect to such incident, as well as the costs of the 
United States in administering its responsibilities under this section 
with respect to such incident. If a responsible party fails to pay a 
demand of the Secretary of the Treasury pursuant to this section, the 
Secretary shall request the Attorney General to bring a civil action 
against the responsible party or a guarantor in an appropriate district 
court to recover the amount of the demand, plus all costs incurred in 
obtaining payment, including prejudgment interest, attorneys fees, and 
any other administrative and adjudicative costs involved. Such 
reimbursement shall be without regard to limits of liability under the 
section 1004 of the Oil Pollution Act of 1990 (33 U.S.C. 2704).
    (g) Definitions.--In this section:
            (1) In general.--The term ``national service laws'' has the 
        meaning given such term in section 101 of the National and 
        Community Service Act of 1990 (42 U.S.C. 12511).
            (2) Covered incident.--The term ``covered incident'' means 
        an incident related to a spill of national significance 
        declared under the National Contingency Plan provided for under 
        section 105 of the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980 (42 U.S.C. 9605).
            (3) Unemployed individual.--The term ``unemployed 
        individual'' has the meaning given such term in section 101 of 
        the Workforce Investment Act of 1998 (29 U.S.C. 2801).
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