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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1504 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1504

To amend the Job Training Partnership Act to establish an Environmental 
    Employment Transition Assistance Program (EETAP), and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

           September 30 (legislative day, September 27), 1993

 Mr. Hatfield introduced the following bill; which was read twice and 
         referred to the Committee on Labor and Human Resources

_______________________________________________________________________

                                 A BILL

 
To amend the Job Training Partnership Act to establish an Environmental 
    Employment Transition Assistance Program (EETAP), 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 ``Environmental Employment Transition 
Assistance Act of 1993''.

SEC. 2. ENVIRONMENTAL EMPLOYMENT TRANSITION ASSISTANCE.

    (a) Amendment.--Part B of title III of the Job Training Partnership 
Act (29 U.S.C. 1662 et seq.) is amended by adding at the end the 
following:

``SEC. 327. ENVIRONMENTAL EMPLOYMENT TRANSITION ASSISTANCE.

    ``(a) Definitions.--As used in this section:
            ``(1) Adversely affected employment.--The term `adversely 
        affected employment' means work in an industry, occupation or 
        establishment which--
                    ``(A) has sustained or is projected to sustain 
                substantial economic harm;
                    ``(B) has experienced, is experiencing, or will 
                experience interruptions in the supply of raw materials 
                or goods used in manufacturing; or
                    ``(C) will gradually decline or down-size or 
                experience an acceleration of decline,
        as a direct or indirect result of the listing of any species as 
        `threatened' or `endangered' under the Endangered Species Act 
        of 1973 (16 U.S.C. 1531 et seq.), or of the implementation of 
        the National Forest Management Act of 1976 (90 Stat. 2949), the 
        Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 
        et seq.), the Migratory Bird Treaty Act (16 U.S.C. 703 et 
        seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 
        et seq.), the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.), the Forest and Rangeland Renewable 
        Resource Planning Act of 1974 (16 U.S.C. 1601 et seq.), or the 
        Multiple-Use Sustained-Yield Act of 1960 (16 U.S.C. 528 et 
        seq.).
            ``(2) Adversely affected worker.--The term `adversely 
        affected worker' means an individual who--
                    ``(A) is an eligible dislocated worker; and
                    ``(B)(i) has been totally, partially or temporarily 
                separated from work that is considered as adversely 
                affected employment within the 3-year period beginning 
                on the date of enactment of this section; or
                    ``(ii) has received a notice of termination or 
                layoff from such work.
            ``(3) Affected state.--The term `affected State' means any 
        of the several States of the United States and the District of 
        Columbia in which there is adversely affected employment.
    ``(b) Determination of Eligibility.--
            ``(1) In general.--To be eligible for assistance under this 
        section, an individual shall be determined to be an adversely 
        affected worker as defined under paragraph (2) of subsection 
        (a).
            ``(2) Special rule.--The Secretary of Labor, pursuant to 
        criteria established by the Secretary, in consultation with the 
        Administrator of the Environmental Protection Agency, the 
        Secretary of the Army, the Secretary of Commerce, the Secretary 
        of the Interior, the Secretary of Agriculture, and the 
        Secretary of Energy shall make the eligibility determination of 
        whether an individual meets the definitional requirement under 
        subsection (a)(2)(B).
            ``(3) Certification.--The Secretary of Labor, in 
        consultation with the Administrator of the Environmental 
        Protection Agency, the Secretary of the Army, the Secretary of 
        Commerce, the Secretary of the Interior, the Secretary of 
        Agriculture, the Secretary of Energy, and the Governor of an 
        affected State, shall certify an industry, occupation or 
        establishment based on the listing, or the implementation of 
        any of the Acts, described in subsection (a)(1) as one in which 
        there is adversely affected employment.
            ``(4) Conclusive presumption.--
                    ``(A) In general.--The total, partial, or temporary 
                layoff, or the notification of termination or layoff, 
                of an adversely affected worker during a period of 5 
                years following the listing of the species, or the 
                implementation of the Acts, on which certification of 
                an industry, occupation, or establishment is based 
                under paragraph (3) shall be conclusively presumed to 
                be attributable to compliance with the Endangered 
                Species Act of 1973 (16 U.S.C. 1531 et seq.), the 
                National Forest Management Act of 1976 (90 Stat. 2949), 
                the Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1701 et seq.), the Migratory Bird Treaty Act (16 
                U.S.C. 703 et seq.), the Federal Water Pollution 
                Control Act (33 U.S.C. 1251 et seq.), the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.), the Forest and Rangeland Renewable Resource 
                Planning Act of 1974 (16 U.S.C. 1601 et seq.), or the 
                Multiple-Use Sustained-Yield Act of 1960 (16 U.S.C. 528 
                et seq.).
                    ``(B) Exception.--No conclusive presumption exists 
                under subparagraph (A) if an adversely affected worker 
                has voluntarily quit, been laid off, or terminated from 
                a job for a cause that would disqualify such worker for 
                unemployment compensation under the State law.
    ``(c) Grants Authorized.--The Secretary may award grants to States, 
substate grantees (as described in section 312(c)), employers, employer 
associations, and labor organizations--
            ``(1) to provide training, adjustment assistance, and 
        employment services to adversely affected workers; and
            ``(2) to make needs-related payments to such workers in 
        accordance with subsection (h).
    ``(d) Grant Amount.--
            ``(1) In general.--The amount of a grant awarded under this 
        section shall be based on a percentage developed by the 
        Secretary through consideration of the ratio of--
                    ``(A) the per capita incidence of adversely 
                affected workers in each State; to
                    ``(B) the per capita incidence of adversely 
                affected workers in all States.
            ``(2) Rural areas.--The Secretary shall not award a grant 
        under subsection (c) unless the applicant provides assurances 
        that the applicant will use a portion of the amount awarded 
        under the grant to provide training, adjustment assistance, 
        employment services and needs-related payments to adversely 
        affected workers in rural areas.
    ``(e) Priority and Approval.--
            ``(1) Application.--
                    ``(A) In general.--To be eligible to receive a 
                grant under subsection (c), a State, substate grantee, 
                employer, employer association, or labor organization 
                shall submit an application to the Secretary at such 
                time, in such manner, and containing such assurances as 
                the Secretary may require.
                    ``(B) Review prior to submission.--Prior to the 
                submission of an application under subparagraph (A), an 
                applicant shall--
                            ``(i) submit the application for review and 
                        comment to the private industry council and the 
                        State; and
                            ``(ii) offer local labor organizations the 
                        opportunity to provide comments on the 
                        application.
                    ``(C) Documentation.--An applicant that submits an 
                application under subparagraph (B) shall maintain all 
                documentation relating to consultations with the 
                entities described in clauses (i) and (ii) of such 
                subparagraph.
            ``(2)  Needs-related payments required.--The Secretary 
        shall not approve an application for a grant under subsection 
        (c) unless the application contains assurances that the 
        applicant will use amounts provided under the grant to provide 
        needs-related payments in accordance with subsection (h).
    ``(f) Use of Funds.--Subject to the requirements of subsections (g) 
and (h), grants under subsection (c) may be used for any purpose for 
which funds may be used under section 314.
    ``(g) Adjustment Assistance.--
            ``(1) Job search allowance.--Grants under subsection (c) 
        for adjustment assistance may be used to provide a job search 
        allowance to an adversely affected worker. Such allowance, if 
        provided, shall provide reimbursement to such worker in an 
        amount that does not exceed 90 percent of the cost to such 
        worker for necessary job search expenses, as prescribed by 
        regulations of the Secretary, or $800 whichever is less, unless 
        the need for a greater amount is demonstrated in the 
        application and approved by the Secretary.
            ``(2) Criteria for awarding job search allowances.--A job 
        search allowance may be provided only--
                    ``(A) to assist an adversely affected worker who 
                has been totally separated in securing a job within the 
                United States; and
                    ``(B) if the Secretary determines that the 
                adversely affected worker cannot reasonably be expected 
                to secure suitable employment in the commuting area in 
                which such worker resides.
    ``(h) Needs-Related Payments.--The Secretary shall prescribe 
regulations with respect to the use of amounts awarded under a grant 
under subsection (c) for needs-related payments in order to enable 
adversely affected workers to complete training or education programs 
under this section. Such regulations shall--
            ``(1) require that needs-related payments shall be provided 
        to an adversely affected worker only if such worker--
                    ``(A)(i) qualifies for emergency or extended 
                unemployment benefits; or
                    ``(ii) does not qualify or has ceased to qualify 
                for unemployment compensation;
                    ``(B) is participating in training or education 
                programs under this section, except that the 
                regulations shall protect an adversely affected worker 
                from being disqualified pursuant to this subparagraph 
                for a failure to participate that is not the fault of 
                such worker; and
                    ``(C) receives, or is a member of a family that 
                receives, a total family income (exclusive of 
                unemployment compensation, child support payments, and 
                welfare payments) that, in relation to family size, is 
                not in excess of the lower living standard income 
                level;
            ``(2) provide that an adversely affected worker may not be 
        disqualified from receipt of needs-related payments if such 
        worker terminates temporary or part-time employment to 
        participate in a training or education program under this 
        section;
            ``(3) provide that not later than 30 days after enrollment 
        in a training program, an adversely affected worker shall 
        receive needs-related payments if such worker--
                    ``(A) does not qualify or has ceased to qualify for 
                unemployment compensation; and
                    ``(B) has enrolled in a training program under this 
                section;
            ``(4) provide for procedures for waiving maximum benefits 
        requirements;
            ``(5) provide for procedures for allowing the payment of 
        needs-related payments based on special needs which shall be 
        determined on appeal by the Secretary;
            ``(6) provide that the levels of needs-related payments to 
        an adversely affected worker who does not qualify or has ceased 
        to qualify for unemployment compensation shall be equal to the 
        higher of--
                    ``(A) the applicable level of unemployment 
                compensation; or
                    ``(B) the official poverty line (as defined by the 
                Office of Management and Budget, and revised annually 
                by the Secretary in accordance with section 673(2) of 
                the Community Services Block Grant Act (42 U.S.C. 
                9902(2));
            ``(7) provide that the amount of needs-related payments to 
        an adversely affected worker who qualifies for emergency or 
        extended unemployment benefits shall be equal to the difference 
        between the amount of such worker's compensation and the amount 
        of such worker's unemployment benefits;
            ``(8) provide for the adjustment of payments to reflect 
        changes in total family income; and
            ``(9) provide that the grantee shall obtain information 
        with respect to such income, and changes therein, from the 
        adversely affected worker.
    ``(i) Counseling and Referrals.--Not later than 45 days after an 
adversely affected worker qualifies for unemployment benefits, a 
grantee under this section shall provide employment counseling and 
referral to training programs, if needed, to such worker.
    ``(j) Administrative Expenses.--
            ``(1) In general.--The Secretary of Labor may reserve not 
        more than 5 percent of the awards appropriated under this 
        section for the administration of activities authorized under 
        this section, including the provision of technical assistance 
        for the preparation of grant applications.
            ``(2) Priority.--In the provision of technical assistance 
        for preparation of grant applications under paragraph (1), the 
        Secretary of Labor shall give priority to nongovernmental, and 
        nonprofit organizations.
    ``(k) Authorization of Appropriations.--
            ``(1) In general.--In addition to amounts authorized to be 
        appropriated by section 3(b), as amended by section 102(a) of 
        the Job Training Reform Amendments (Public Law 102-367), there 
        are authorized to be appropriated $100,000,000 for fiscal year 
        1994, and such sums as may be necessary for each of fiscal 
        years 1995, 1996, 1997, and 1998, to carry out this section. 
        The total amount appropriated for all 5 such fiscal years shall 
        not exceed $500,000,000.
            ``(2) Availability.--Amounts appropriated pursuant to this 
        subsection shall remain available until expended.
    ``(l) Regulations.--Not later than 180 days after the date of 
enactment of this section, the Secretary shall prescribe regulations to 
carry out this section.
    ``(m) General Accounting Office Assessment of Effects on Employment 
of Compliance With Environmental Policies.--The Comptroller General of 
the United States shall--
            ``(1) identify and assess, to the extent possible, the 
        effects on employment that are attributable to compliance with 
        the provisions of the Endangered Species Act of 1973 (16 U.S.C. 
        1531 et seq.), the National Forest Management Act of 1976 (90 
        Stat. 2949), the Federal Land Policy and Management Act of 1976 
        (43 U.S.C. 1701 et seq.), the Migratory Bird Treaty Act (16 
        U.S.C. 703 et seq.), the Federal Water Pollution Control Act 
        (33 U.S.C. 1251 et seq.), the National Environmental Policy Act 
        of 1969 (42 U.S.C. 4321 et seq.), the Forest and Rangeland 
        Renewable Resource Planning Act of 1974 (16 U.S.C. 1601 et 
        seq.), or the Multiple-Use Sustained-Yield Act of 1960 (16 
        U.S.C. 528 et seq.); and
            ``(2) submit to the Congress on the date that is 4 years 
        after the date of the enactment of this section a written 
        report on the assessments required under paragraph (1).''.
    (b) Conforming Amendments.--
            (1) The table of contents of the Job Training Partnership 
        Act is amended by adding at the end of the items pertaining to 
        part B of title III the following:

``Sec. 327. Environmental employment transition assistance.''.
            (2) Section 3(b) of the Job Training Partnership Act (29 
        U.S.C. 1502(c)), as amended by section 102(a) of the Job 
        Training Reform Amendments (Public Law 102-367), is amended by 
        striking ``section 326'' and inserting ``sections 326 and 
        327''.

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