I

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘National Environmental Training and Employment Act

6 of 1994’’.

7 (b) TABLE OF CONTENTS.—The table of contents is

8 as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings and purpose.

Sec. 3. Definitions.

Sec. 4. Authorization of appropriations.
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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.

1 SEC. 2. FINDINGS AND PURPOSE.

2 (a) FINDINGS.—The Congress finds the following:

3 (1) The Nation is confronted with significant

4 risks to the environment and public health resulting

5 from contamination due to hazardous substances

6 and toxic substances, including asbestos-containing

7 material and lead-based paint hazards.

8 (2) The environmental response to such sub9 stances is enormous and will involve the expenditure
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1 of large amounts of both private and public re2 sources.

3 (3) To adequately address these environmental

4 problems will require cooperation and coordination

5 among Federal, State, and local governments, along

6 with business and labor.

7 (4) The Federal Government shares a large

8 part of the environmental burden with respect to

9 polluted military bases and installations, nuclear

10 weapons production facilities, public lands and or11 phan hazardous waste sites.

12 (5) The Federal agencies involved in environ13 mental response actions, as responsible parties and

14 regulatory authorities, include the Department of

15 Energy, Department of Defense, Department of the

16 Interior, Department of Health and Human Serv17 ices, Department of Housing and Urban Develop18 ment, Department of Labor, Department of Trans19 portation, the Federal Emergency Management

20 Agency, the Agency for Toxic Substance Disease

21 Registry, the National Institute for Occupational

22 Safety and Health, and the Environmental Protec23 tion Agency.

24 (6) Environmental response actions will require

25 an entirely new, large, and well-trained work force,
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1 which, in turn, represents new employment opportu2 nities for the Nation.

3 (7) Environmental response actions will also re4 quire a pool of highly qualified environmental re5 sponse employers to undertake the clean-up effort.

6 (8) Through the expenditure of public funds

7 and through its regulatory responsibilities, the Fed8 eral Government will largely define this new and

9 emerging environmental response industry.

10 (9) Environmental response is highly dangerous

11 work which poses serious safety and health hazards

12 to the workers involved, the surrounding commu13 nities, and the environment as a whole.

14 (10) The responsibility for responding to envi15 ronmental emergencies resulting from hazardous

16 materials accidents has fallen almost exclusively on

17 local fire departments which are severely

18 understaffed and lack proper and adequate hazard19 ous materials training and equipment.

20 (11) As of November 1993 there has been little

21 coordination among the Federal agencies that carry

22 out environmental response actions.

23 (12) There is also a lack of government-wide

24 standards governing the training and safety and

25 health of environmental response employees, environ-
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1 mental response employers, emergency responders,

2 and environmental training providers.

3 (13) As of November 1993 the responsible Fed4 eral agencies have paid scant attention to environ5 mental response issues.

6 (14) Past legislative actions on environmental

7 response issues have resulted in several discrete na8 tional response training program requirements, and

9 such requirements have been developed and imple10 mented independently with little coordination.

11 (b) PURPOSE.—The purpose of this Act is to ensure

12 quality training, health and safety, and employment op13 portunities for environmental response employees, environ14 mental response employers, emergency responders, and

15 environmental training providers.

16 SEC. 3. DEFINITIONS.

17 For purposes of this Act, the following definitions

18 apply:

19 (1) ASBESTOS-CONTAINING MATERIAL.—The

20 term ‘‘asbestos-containing material’’ has the mean21 ing provided that term by section 202(4) of the

22 Toxic Substances Control Act (15 U.S.C. 2642(4)).

23 (2) EMERGENCY RESPONDER.—The term

24 ‘‘emergency responder’’ means a person who works
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1 in the field of environmental emergency response.

2 The term includes the following:

3 (A) Full-time career fire fighters or emer4 gency response personnel who are members of

5 a local or State agency or an organized depart6 ment with statutory responsibility for response

7 to hazardous materials incidents on demand

8 without regard to location.

9 (B) Part-time, seasonal, or reserve fire

10 fighters or emergency response personnel who

11 receive payment, including an annual stipend or

12 payment on a per call or per hour basis. For

13 purposes of this subparagraph, payment does

14 not include indirect compensation such as in15 surance or retirement benefits.

16 (C) Part-time, seasonal, or reserve fire

17 fighters or emergency personnel who do not re18 ceive payment other than indirect compensation

19 such as insurance or retirement benefits.

20 (D) Contract fire fighters, including full

21 time, paid fire fighters organized as an indus22 trial fire brigade and employed by a corporate

23 body, and maintenance engineering personnel

24 who, as a function of their employment, are ex25 pected to react or respond to a hazardous mate-
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1 rial incident as an individual or a member of a

2 team rather than a government agency and

3 usually on a temporary basis.

4 (E) Employees of an employer engaged in

5 clean-up operations at uncontrolled waste sites,

6 sites covered by the Solid Waste Disposal Act,

7 and treatment, storage, or disposal facilities

8 who are intended to function as the on-site

9 emergency response personnel in accordance

10 with the employers emergency response plan.

11 (3) ENVIRONMENTAL EMERGENCY RE12 SPONSE.—The term ‘‘environmental emergency re13 sponse’’ means any action taken by an emergency

14 responder in response to a release of a substance or

15 material that poses an unreasonable risk to safety,

16 health, or property, or to waterways and the envi17 ronment.

18 (4) ENVIRONMENTAL RESPONSE.—The term

19 ‘‘environmental response’’ or ‘‘environmental re20 sponse action’’—

21 (A) with respect to a hazardous substance,

22 has the meaning provided the terms ‘‘respond’’

23 and ‘‘response’’ in section 101(25) of the Com24 prehensive Environmental Response, Compensa-
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1 tion, and Liability Act of 1980 (42 U.S.C.

2 9601(25));

3 (B) with respect to asbestos-containing

4 material, has the meaning provided the term

5 ‘‘response action’’ by section 202(11) of the

6 Toxic Substances Control Act (15 U.S.C.

7 2642(11)); and

8 (C) with respect to a lead-based paint haz9 ard, has the meaning provided the term ‘‘abate10 ment’’ by section 401(1) of the Toxic Sub11 stances Control Act (15 U.S.C. 2681(1)).

12 (5) ENVIRONMENTAL RESPONSE EMPLOYEE.—

13 The term ‘‘environmental response employee’’ means

14 an individual who is employed by an environmental

15 response employer and who in the course of the indi16 vidual’s employment is directly engaged in carrying

17 out environmental response actions.

18 (6) ENVIRONMENTAL RESPONSE EMPLOYER.—

19 The term ‘‘environmental response employer’’ means

20 an individual or business entity who—

21 (A) is or may be carrying out environ22 mental response actions directly, under con23 tract, subcontract, or otherwise; and

24 (B) who uses one or more of its employees

25 in connection with such activity.
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1 (7) ENVIRONMENTAL TRAINING PROVIDER.—

2 The term ‘‘environmental training provider’’ means

3 a person who provides or offers to provide training

4 for environmental response employers, environmental

5 response employees, and any other persons carrying

6 out environmental response actions.

7 (8) HAZARDOUS SUBSTANCE.—The term ‘‘haz8 ardous substance’’ has the meaning provided that

9 term by section 101(14) of the Comprehensive Envi10 ronmental Response, Compensation, and Liability

11 Act of 1980 (42 U.S.C. 9601(15)).

12 (9) LEAD-BASED PAINT HAZARD.—The term

13 ‘‘lead-based paint hazard’’ has the meaning provided

14 that term by section 401(10) of the Toxic Sub15 stances Control Act (15 U.S.C. 2681(10)).

16 (10) SECRETARY.—The term ‘‘Secretary’’

17 means the Secretary of Labor.

18 SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

19 (a) AUTHORIZATION.—

20 (1) TITLES I, III, AND IV.—There are author21 ized to be appropriated to carry out titles I, III, and

22 IV not less than $25,000,000 for each of the fiscal

23 years 1995 through 2000.

24 (2) TITLE II.—There are authorized to be ap25 propriated to carry out title II not less than
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1 $30,000,000 for each of the fiscal years 1995

2 through 2000.

3 (b) OTHER FUNDS.—Notwithstanding any other pro4 vision of law, amounts appropriated to carry out pro5 grams, projects, or activities which are administered by

6 the following Federal departments and agencies may be

7 used to carry out this Act:

8 (1) The Department of Defense.

9 (2) The Department of Energy.

10 (3) The Department of Housing and Urban De11 velopment.

12 (4) The Department of the Interior.

13 (5) The Department of Labor.

14 (6) The Environmental Protection Agency.

15 (7) The Department of Health and Human

16 Services.

17 (c) AVAILABILITY.—Amounts appropriated pursuant

18 to the authorization of appropriations under subsection

19 (a), and amounts described under subsection (b) that are

20 used to carry out this Act, are authorized to remain avail21 able until expended.
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1 TITLE I—NATIONAL ENVIRON2 MENTAL RESPONSE TRAIN3 ING PROGRAM

4 Subtitle A—Certification, Training,

5 and Accreditation Program

6 SEC. 101. ESTABLISHMENT.

7 (a) IN GENERAL.—The Secretary shall establish a

8 National Environmental Response Training Program for

9 the purpose of—

10 (1) ensuring that environmental response em11 ployers are certified to carry out environmental re12 sponse actions in accordance with section 102;

13 (2) ensuring that environmental response em14 ployees and emergency responders are trained by en15 vironmental training providers to carry out environ16 mental response actions and environmental emer17 gency response actions, respectively, in accordance

18 with section 103; and

19 (3) ensuring that environmental training pro20 viders are accredited to provide such training in ac21 cordance with section 104.

22 (b) REGULATIONS.—Not later than 1 year after the

23 date of enactment of this Act, the Secretary, in consulta24 tion with the Administrator of the Environmental Protec25 tion Agency and the Secretary of Health and Human
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1 Services (acting through the Director of the National In2 stitute for Occupational Safety and Health), shall promul3 gate final regulations to carry out subsection (a).

4 SEC. 102. CERTIFICATION OF ENVIRONMENTAL RESPONSE

5 EMPLOYERS.

6 (a) IN GENERAL.—The Secretary shall establish a

7 National Certification Program within the Department of

8 Labor for the purpose of certifying environmental re9 sponse employers to carry out environmental response ac10 tions.

11 (b) CONDUCT OF PROGRAM.—

12 (1) IN GENERAL.—In carrying out the program

13 established under subsection (a), the Secretary shall

14 promulgate procedures for certifying environmental

15 response employers. In the event a cooperative

16 agreement exists with a State, the Secretary may

17 provide that certification and licensing of such pro18 viders may be undertaken by the State provided that

19 the requirements for certification are no less strin20 gent than those promulgated by the Secretary.

21 (2) REVOCATION OF CERTIFICATION.—The Sec22 retary shall promulgate procedures for the revoca23 tion or suspension certification of environmental

24 response employers. Such procedures shall include

25 provision for worker and citizen complaints.
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1 SEC. 103. TRAINING OF ENVIRONMENTAL RESPONSE EM2 PLOYEES AND EMERGENCY RESPONDERS.

3 (a) IN GENERAL.—The Secretary shall establish spe4 cific programs to provide for the training of environmental

5 response employees and emergency responders to carry

6 out environmental response actions and environmental

7 emergency response actions, respectively. Such training

8 shall include the following:

9 (1) Hazardous waste site worker as defined by

10 29 CFR 1910.120(e) pursuant to Title I of the

11 Superfund Amendment and Reauthorization Act of

12 1986. Such program shall be a minimum of 40

13 hours which shall include a minimum of 18 hours

14 hands-on training. The Secretary shall, in addition,

15 consider the degree and range of risks encountered

16 by different trades or categories of environmental re17 sponse employees and shall be authorized to estab18 lish additional training requirements for such trades

19 or categories not to exceed 80 hours including up to

20 30 hours of hands-on training.

21 (2) Hazardous waste site worker on-site train22 ing as defined by 29 CFR 1910.120(e)13. Such pro23 gram shall be a minimum of 36 hours of which 8

24 hours shall be supervised field training at the spe25 cific site.
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1 (3) Hazardous waste site supervisor as defined

2 by 29 CFR 1910.120(e)(4) which shall include (1)

3 and (2) of this subsection plus an additional 8 hour

4 supervisor specific training.

5 (4) Hazardous waste site worker and supervisor

6 annual refresher training of at least 8 hour dura7 tion.

8 (5) Treatment, storage, and disposal site work9 ers as defined by 29 CFR 1910.120(p) shall be a

10 minimum of 40 hours of which 8 hours shall be

11 hands-on. Supervisors shall receive an additional 8

12 hours training after successful completion of the

13 worker course. Annual refresher training of at least

14 8 hours shall be required.

15 (6) Emergency response personnel as defined by

16 29 CFR 1910.120(q), 40 CFR 311, NFPA 471,

17 472, 473, 600 and 1500 and The National Environ18 mental Training and Employment Act of 1993,

19 Section III Definitions, shall have the following min20 imum training and meet at least the minimum re21 quirements of the above listed standards in the fol22 lowing manner:

23 (A) Operations level: 40 hours to include

24 awareness level. Awareness level training alone
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1 will not be considered appropriate training for

2 fire fighters under this Act.

3 (B) Technician level: 80 hours additional

4 beyond Operations level.

5 (C) Specialists level: 100 hours beyond

6 technician level.

7 (D) Incident Commander: 16 hours beyond

8 technician level.

9 (E) Annual refresher: 8 hours in all cat10 egories.

11 (F) Site-specific: 24 hours site specific

12 training including site survey for each hazard13 ous waste site for which emergency response is

14 planned and specific training required by the

15 unique nature of the potential exposures.

16 (7) On-site emergency response personnel, as

17 described in section 3(2)(E), shall have additional

18 training specific to emergency response beyond that

19 required by paragraphs (1) through (5) for their

20 normal work assignment. Such training shall include

21 at least the minimum requirements specified in sub22 paragraphs (A), and (E), of paragraph (6).

23 (8) DOE environmental restoration workers

24 shall be trained to the levels specified in (1) through

25 (4) of this subsection plus an additional 40 hours.
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1 (9) Contractor or other business entity which is

2 the employer of those engaged in activities covered

3 by this Act shall have a minimum of 8 hours train4 ing which shall include the requirements of this Act,

5 the applicable Occupational Safety and Health Ad6 ministration, Environmental Protection Agency, and

7 State regulations applicable to the activity covered

8 by this Act in which the contractor intends to en9 gage. The individual within the contractor or busi10 ness entity required to be trained shall be the most

11 senior individual in the organization who bears di12 rect responsibility for the activity and shall at a min13 imum be senior to the most senior management per14 son in the organization actually working on the ac15 tivity in the field.

16 (10) Such other additional training programs as

17 may be appropriate to the purposes of this Act.

18 (b) CERTIFICATION.—

19 (1) IN GENERAL.—The Secretary shall promul20 gate regulations for the certification of environ21 mental response employees and emergency respond22 ers. Such regulations shall be implemented by the

23 Secretary, or by the appropriate State agency by

24 agreement, provided the certification requirements

25 are no less stringent than those specified by the Sec-
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1 retary. The provisions for certification shall be based

2 on the specific training requirements set forth in

3 subsection (a). Training of workers for purpose of

4 certification shall be undertaken only by accredited

5 training providers as specified in this Act.

6 (2) TIME PERIOD AND OTHER REQUIRE7 MENTS.—Certifications shall be for a period of two

8 years. Biannual refresher training shall be required

9 for renewal of certifications. The Secretary shall

10 specify the minimum number of hours required for

11 such refresher training.

12 SEC. 104. ACCREDITATION OF ENVIRONMENTAL TRAINING

13 PROVIDERS.

14 (a) IN GENERAL.—The Secretary shall establish spe15 cific requirements to provide for the accreditation of envi16 ronmental training providers to provide training to envi17 ronmental response employees and emergency responders

18 to carry out environmental response actions and environ19 mental emergency response actions, respectively. Such re20 quirements shall include the following:

21 (1) Minimum requirements for the accreditation

22 of such providers.

23 (2) Minimum training curriculum requirements

24 for each of the training programs described in sec25 tion 103.
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1 (3) Minimum training hours for each such

2 training program.

3 (4) Minimum hands-on training requirements

4 for each such training program.

5 (5) Minimum trainee competency and pro6 ficiency requirements for each such training pro7 gram.

8 (6) Minimum requirements for training pro9 gram quality control.

10 (7) Requirements for periodic re-accreditation

11 of environmental training providers.

12 (8) Requirements for the issuance of certifi13 cations to trainees successfully completing a course

14 of instruction.

15 (9) Requirements for the periodic review of ac16 credited environmental training providers and for

17 revocation of accreditation.

18 (10) Requirements for minimum skill and expe19 rience levels as a prerequisite for each requirement

20 under this subsection.

21 (11) The environmental training provider shall

22 establish and maintain a jobs placement component

23 in the training program to ensure that individuals

24 successfully completing the program are employed in

25 work appropriate to the training received.
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1 (b) ACCREDITATION OF TRAINING PROVIDERS.—The

2 Secretary shall promulgate procedures for accreditation of

3 environmental training providers. Such procedures shall

4 require the provider to meet the requirements under sub5 section (a). In the event a cooperative agreement exists

6 with a State, the Secretary may provide that accreditation

7 of such providers may be undertaken by the State provided

8 that the requirements for accreditation and licensing are

9 no less stringent than those promulgated by the Secretary.

10 (c) REVOCATION OF ACCREDITATION.—The Sec11 retary shall promulgate procedures for the revocation or

12 suspension of accreditation of environmental training pro13 viders. Such procedures shall include provision for worker

14 and citizen complaints.

15 Subtitle B—Health and Safety

16 Program

17 SEC. 111. ESTABLISHMENT.

18 The Secretary shall establish a dedicated national

19 safety and health program covering those environmental

20 response employees and emergency responders engaged in

21 activities under this Act. Such program shall be developed

22 and implemented in consultation with the Secretary of

23 Health and Human Services (acting through the Director

24 of the National Institute for Occupational Safety and
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1 Health) and may, at the Secretary’s discretion, be imple2 mented and managed by such Institute.

3 SEC. 112. PROGRAM REQUIREMENT.

4 Such program shall include the following:

5 (1) The required use of a minimum standard

6 medical examination protocol which shall be required

7 of all those successfully completing any training pro8 gram required by this Act including annual medical

9 or emergency medical examinations thereafter while

10 any such individual is engaged in work covered by

11 this Act. Medical surveillance protocols for emer12 gency responders covered by this Act shall at a mini13 mum meet the medical surveillance requirements of

14 National Fire Protection Association Standard 1500.

15 (2) A medical surveillance program to include

16 all those successfully completing any training pro17 gram required by this Act.

18 (3) A dedicated national injury/illness/fatality

19 surveillance system covering all activities covered by

20 this Act.

21 (4) An annual report to Congress on the Pro22 gram required by this paragraph.
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1 TITLE II—NATIONAL ENVIRON2 MENTAL RESPONSE EMPLOY3 MENT PROGRAM

4 SEC. 201. EMPLOYMENT OF WOMEN AND MINORITIES.

5 The Secretary shall establish a program for the pur6 pose of ensuring the employment of minorities and women

7 in those activities covered by this Act.

8 SEC. 202. TRAINING AND EMPLOYMENT OF DISPLACED DOD

9 PERSONNEL.

10 The Secretary shall, in cooperation with the Secretary

11 of Defense, establish a program directed toward ensuring

12 the availability of training and employment in those activi13 ties covered by this Act of military personnel displaced by

14 Department of Defense department budget cuts and re15 structuring.

16 SEC. 203. GRANTS TO ENVIRONMENTAL TRAINING PROVID17 ERS.

18 The Secretary shall provide grants to public agencies

19 and nonprofit employee organizations qualifying as ac20 credited environmental training providers for the purpose

21 of training emergency responder workers under this Act

22 in environmental emergency response.
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1 SEC. 204. GRANTS TO JOINT LABOR-MANAGEMENT TRAIN2 ING TRUST FUNDS AND LABOR ORGANIZA3 TIONS.

4 The Secretary shall provide grants to joint labor5 management training trust funds and labor organizations

6 which are accredited as training providers and which dem7 onstrate access to the target population of environmental

8 workers for the purpose of providing training and related

9 activities for those workers subject to the provisions of this

10 Act.

11 SEC. 205. GRANTS TO NONPROFIT VETERANS ORGANIZA12 TIONS.

13 The Secretary shall provide grants to nonprofit veter14 ans organizations to provide recruitment and counseling

15 services to recently separated members of the military and

16 other veterans in connection with such organizations work

17 with joint labor-management training trust funds or labor

18 organizations engaged in providing workers in basic skills

19 and environmental response training.

20 SEC. 206. GRANTS TO NONPROFIT MINORITY AND WOMENS

21 ORGANIZATIONS.

22 The Secretary shall provide grants to nonprofit mi23 nority and womens organizations to provide recruitment

24 and counseling services to minority and female applicants

25 in connection with such organizations work with joint

26 labor-management training trust funds or labor organiza-
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1 tions engaged in providing workers in basic skills and envi2 ronmental response training.

3 TITLE III—FEDERAL ENVIRON4 MENTAL COORDINATION

5 COMMITTEE AND RELATED

6 PROVISIONS

7 SEC. 301. FEDERAL ENVIRONMENTAL COORDINATION COM8 MITTEE.

9 (a) ESTABLISHMENT.—There is hereby established

10 the Federal Environmental Coordination Committee (in

11 this section referred to as the ‘‘Committee’’).

12 (b) DUTIES.—The Committee shall provide inter13 agency coordination of those activities prescribed for in

14 this Act, including the coordination described in sub15 sections (a) and (d), of section 302.

16 (c) MEMBERSHIP.—The Committee shall be com17 posed of the following members:

18 (1) The Secretary of Defense.

19 (2) The Secretary of Energy.

20 (3) The Administrator of the Environmental

21 Protection Agency.

22 (4) The Secretary of Housing and Urban Devel23 opment.

24 (5) The Secretary of the Interior.

25 (6) The Secretary of Labor.
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1 (7) The Secretary of Transportation.

2 (8) The Secretary of Health and Human Serv3 ices.

4 (d) CHAIRPERSON.—The Secretary of Labor shall

5 serve as the chairperson of the Committee.

6 (e) SUPPORT SERVICES.—The Secretary of Labor

7 shall provide support services for the Committee.

8 SEC. 302. RELATED PROVISIONS.

9 (a) ENFORCEMENT THROUGH CONTRACTING AU10 THORITY.—The Secretary, acting through the Committee,

11 shall promulgate regulations implementing the provisions

12 of this Act to be included in the contracting procedures

13 of the United States. The Federal Acquisition Regulations

14 as well as other regulations applicable to Federal agencies

15 shall contain provisions for the implementation and en16 forcement of the requirements of this Act.

17 (b) COOPERATION WITH STATES.—The Secretary

18 may enter into cooperative agreements with States for the

19 purpose of carrying out the provisions of this Act with re20 spect to any State that has been approved by the Sec21 retary, or the Administrator of Environmental Protection

22 Agency to provide for the registration of hazardous waste,

23 lead and asbestos abatement training providers. In the

24 event of such agreement, the provisions of the State law
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1 applicable to the compliance and enforcement of the train2 ing provisions shall be applicable.

3 (c) ACCREDITATION AND CERTIFICATION/LICENSURE

4 FEES.—The Secretary (or the State in the case of an au5 thorized State program) shall impose a fee on persons op6 erating training programs accredited under this Act and

7 contractors or business entities certified or licensed under

8 provisions of this Act. The fees shall be established at a

9 level to cover the costs associated with the administration

10 and enforcement of regulations under this section which

11 are applicable to such programs and contractors. Fees

12 shall not be imposed on any State, local government, or

13 nonprofit training program.

14 (d) ENVIRONMENTAL WORK FORCE RESEARCH AND

15 STUDIES.—The Secretary, in cooperation with the Com16 mittee shall undertake a program of research and studies

17 relating to the long-term environmental work force re18 quirements as well as the training needs to assure safety

19 and health of workers in connection with new technologies

20 and methodologies.

21 TITLE IV—ADMINISTRATION

22 AND ENFORCEMENT

23 SEC. 401. ADMINISTRATION.

24 The Secretary shall promulgate regulations to carry

25 out the provisions of this Act, including provisions for the
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1 filing of reports by employers, the collection of data rel2 evant to the enforcement of this Act, and procedures for

3 enforcement.

4 SEC. 402. ENFORCEMENT.

5 (a) IN GENERAL.—The Secretary may seek judicial

6 relief against any employer who fails to comply with the

7 provision of this Act, including the seeking of an injunctive

8 relief to require compliance with the training provisions

9 of this Act. For purposes of enforcement and injunctive

10 relief, the provisions of section 17 of the Fair Labor

11 Standards Act of 1938 shall apply.

12 (b) CIVIL MONEY PENALTIES.—The Secretary may

13 also seek civil money penalties for the failure to comply

14 with the Act. The provisions of section 16(e) of the Fair

15 Labor Standards Act of 1938 and the regulations promul16 gated thereto shall be followed with respect to the proce17 dures for assessing civil money penalties and the adminis18 trative proceedings to be followed.

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