I 111th CONGRESS 2d Session H. R. 5654 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.

1.

Short title

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

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.

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).