II

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.

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.

4 This Act may be cited as the ‘‘Environmental Em5 ployment Transition Assistance Act of 1993’’.
2

•S 1504 IS

1 SEC. 2. ENVIRONMENTAL EMPLOYMENT TRANSITION AS2 SISTANCE.

3 (a) AMENDMENT.—Part B of title III of the Job

4 Training Partnership Act (29 U.S.C. 1662 et seq.) is

5 amended by adding at the end the following:

6 ‘‘SEC. 327. ENVIRONMENTAL EMPLOYMENT TRANSITION AS7 SISTANCE.

8 ‘‘(a) DEFINITIONS.—As used in this section:

9 ‘‘(1) ADVERSELY AFFECTED EMPLOYMENT.—

10 The term ‘adversely affected employment’ means

11 work in an industry, occupation or establishment

12 which—

13 ‘‘(A) has sustained or is projected to sus14 tain substantial economic harm;

15 ‘‘(B) has experienced, is experiencing, or

16 will experience interruptions in the supply of

17 raw materials or goods used in manufacturing;

18 or

19 ‘‘(C) will gradually decline or down-size or

20 experience an acceleration of decline,

21 as a direct or indirect result of the listing of any

22 species as ‘threatened’ or ‘endangered’ under the

23 Endangered Species Act of 1973 (16 U.S.C. 1531 et

24 seq.), or of the implementation of the National For25 est Management Act of 1976 (90 Stat. 2949), the

26 Federal Land Policy and Management Act of 1976
3

•S 1504 IS

1 (43 U.S.C. 1701 et seq.), the Migratory Bird Treaty

2 Act (16 U.S.C. 703 et seq.), the Federal Water Pol3 lution Control Act (33 U.S.C. 1251 et seq.), the Na4 tional Environmental Policy Act of 1969 (42 U.S.C.

5 4321 et seq.), the Forest and Rangeland Renewable

6 Resource Planning Act of 1974 (16 U.S.C. 1601 et

7 seq.), or the Multiple-Use Sustained-Yield Act of

8 1960 (16 U.S.C. 528 et seq.).

9 ‘‘(2) ADVERSELY AFFECTED WORKER.—The

10 term ‘adversely affected worker’ means an individual

11 who—

12 ‘‘(A) is an eligible dislocated worker; and

13 ‘‘(B)(i) has been totally, partially or tem14 porarily separated from work that is considered

15 as adversely affected employment within the 3-

16 year period beginning on the date of enactment

17 of this section; or

18 ‘‘(ii) has received a notice of termination

19 or layoff from such work.

20 ‘‘(3) AFFECTED STATE.—The term ‘affected

21 State’ means any of the several States of the United

22 States and the District of Columbia in which there

23 is adversely affected employment.

24 ‘‘(b) DETERMINATION OF ELIGIBILITY.—
4

•S 1504 IS

1 ‘‘(1) IN GENERAL.—To be eligible for assist2 ance under this section, an individual shall be deter3 mined to be an adversely affected worker as defined

4 under paragraph (2) of subsection (a).

5 ‘‘(2) SPECIAL RULE.—The Secretary of Labor,

6 pursuant to criteria established by the Secretary, in

7 consultation with the Administrator of the Environ8 mental Protection Agency, the Secretary of the

9 Army, the Secretary of Commerce, the Secretary of

10 the Interior, the Secretary of Agriculture, and the

11 Secretary of Energy shall make the eligibility deter12 mination of whether an individual meets the defini13 tional requirement under subsection (a)(2)(B).

14 ‘‘(3) CERTIFICATION.—The Secretary of Labor,

15 in consultation with the Administrator of the Envi16 ronmental Protection Agency, the Secretary of the

17 Army, the Secretary of Commerce, the Secretary of

18 the Interior, the Secretary of Agriculture, the Sec19 retary of Energy, and the Governor of an affected

20 State, shall certify an industry, occupation or estab21 lishment based on the listing, or the implementation

22 of any of the Acts, described in subsection (a)(1) as

23 one in which there is adversely affected employment.

24 ‘‘(4) CONCLUSIVE PRESUMPTION.—
5

•S 1504 IS

1 ‘‘(A) IN GENERAL.—The total, partial, or

2 temporary layoff, or the notification of termi3 nation or layoff, of an adversely affected worker

4 during a period of 5 years following the listing

5 of the species, or the implementation of the

6 Acts, on which certification of an industry, oc7 cupation, or establishment is based under para8 graph (3) shall be conclusively presumed to be

9 attributable to compliance with the Endangered

10 Species Act of 1973 (16 U.S.C. 1531 et seq.),

11 the National Forest Management Act of 1976

12 (90 Stat. 2949), the Federal Land Policy and

13 Management Act of 1976 (43 U.S.C. 1701 et

14 seq.), the Migratory Bird Treaty Act (16

15 U.S.C. 703 et seq.), the Federal Water Pollu16 tion Control Act (33 U.S.C. 1251 et seq.), the

17 National Environmental Policy Act of 1969 (42

18 U.S.C. 4321 et seq.), the Forest and Rangeland

19 Renewable Resource Planning Act of 1974 (16

20 U.S.C. 1601 et seq.), or the Multiple-Use Sus21 tained-Yield Act of 1960 (16 U.S.C. 528 et

22 seq.).

23 ‘‘(B) EXCEPTION.—No conclusive pre24 sumption exists under subparagraph (A) if an

25 adversely affected worker has voluntarily quit,
6

•S 1504 IS

1 been laid off, or terminated from a job for a

2 cause that would disqualify such worker for un3 employment compensation under the State law.

4 ‘‘(c) GRANTS AUTHORIZED.—The Secretary may

5 award grants to States, substate grantees (as described

6 in section 312(c)), employers, employer associations, and

7 labor organizations—

8 ‘‘(1) to provide training, adjustment assistance,

9 and employment services to adversely affected work10 ers; and

11 ‘‘(2) to make needs-related payments to such

12 workers in accordance with subsection (h).

13 ‘‘(d) GRANT AMOUNT.—

14 ‘‘(1) IN GENERAL.—The amount of a grant

15 awarded under this section shall be based on a per16 centage developed by the Secretary through consid17 eration of the ratio of—

18 ‘‘(A) the per capita incidence of adversely

19 affected workers in each State; to

20 ‘‘(B) the per capita incidence of adversely

21 affected workers in all States.

22 ‘‘(2) RURAL AREAS.—The Secretary shall not

23 award a grant under subsection (c) unless the appli24 cant provides assurances that the applicant will use

25 a portion of the amount awarded under the grant to
7

•S 1504 IS

1 provide training, adjustment assistance, employment

2 services and needs-related payments to adversely af3 fected workers in rural areas.

4 ‘‘(e) PRIORITY AND APPROVAL.—

5 ‘‘(1) APPLICATION.—

6 ‘‘(A) IN GENERAL.—To be eligible to re7 ceive a grant under subsection (c), a State, sub8 state grantee, employer, employer association,

9 or labor organization shall submit an applica10 tion to the Secretary at such time, in such man11 ner, and containing such assurances as the Sec12 retary may require.

13 ‘‘(B) REVIEW PRIOR TO SUBMISSION.—

14 Prior to the submission of an application under

15 subparagraph (A), an applicant shall—

16 ‘‘(i) submit the application for review

17 and comment to the private industry coun18 cil and the State; and

19 ‘‘(ii) offer local labor organizations

20 the opportunity to provide comments on

21 the application.

22 ‘‘(C) DOCUMENTATION.—An applicant

23 that submits an application under subpara24 graph (B) shall maintain all documentation re25 lating to consultations with the entities de-
8

•S 1504 IS

1 scribed in clauses (i) and (ii) of such subpara2 graph.

3 ‘‘(2) NEEDS-RELATED PAYMENTS REQUIRED.—

4 The Secretary shall not approve an application for

5 a grant under subsection (c) unless the application

6 contains assurances that the applicant will use

7 amounts provided under the grant to provide needs8 related payments in accordance with subsection (h).

9 ‘‘(f) USE OF FUNDS.—Subject to the requirements

10 of subsections (g) and (h), grants under subsection (c)

11 may be used for any purpose for which funds may be used

12 under section 314.

13 ‘‘(g) ADJUSTMENT ASSISTANCE.—

14 ‘‘(1) JOB SEARCH ALLOWANCE.—Grants under

15 subsection (c) for adjustment assistance may be

16 used to provide a job search allowance to an ad17 versely affected worker. Such allowance, if provided,

18 shall provide reimbursement to such worker in an

19 amount that does not exceed 90 percent of the cost

20 to such worker for necessary job search expenses, as

21 prescribed by regulations of the Secretary, or $800

22 whichever is less, unless the need for a greater

23 amount is demonstrated in the application and ap24 proved by the Secretary.
9

•S 1504 IS

1 ‘‘(2) CRITERIA FOR AWARDING JOB SEARCH AL2 LOWANCES.—A job search allowance may be pro3 vided only—

4 ‘‘(A) to assist an adversely affected worker

5 who has been totally separated in securing a job

6 within the United States; and

7 ‘‘(B) if the Secretary determines that the

8 adversely affected worker cannot reasonably be

9 expected to secure suitable employment in the

10 commuting area in which such worker resides.

11 ‘‘(h) NEEDS-RELATED PAYMENTS.—The Secretary

12 shall prescribe regulations with respect to the use of

13 amounts awarded under a grant under subsection (c) for

14 needs-related payments in order to enable adversely af15 fected workers to complete training or education programs

16 under this section. Such regulations shall—

17 ‘‘(1) require that needs-related payments shall

18 be provided to an adversely affected worker only if

19 such worker—

20 ‘‘(A)(i) qualifies for emergency or extended

21 unemployment benefits; or

22 ‘‘(ii) does not qualify or has ceased to

23 qualify for unemployment compensation;

24 ‘‘(B) is participating in training or edu25 cation programs under this section, except that
10

•S 1504 IS

1 the regulations shall protect an adversely af2 fected worker from being disqualified pursuant

3 to this subparagraph for a failure to participate

4 that is not the fault of such worker; and

5 ‘‘(C) receives, or is a member of a family

6 that receives, a total family income (exclusive of

7 unemployment compensation, child support pay8 ments, and welfare payments) that, in relation

9 to family size, is not in excess of the lower liv10 ing standard income level;

11 ‘‘(2) provide that an adversely affected worker

12 may not be disqualified from receipt of needs-related

13 payments if such worker terminates temporary or

14 part-time employment to participate in a training or

15 education program under this section;

16 ‘‘(3) provide that not later than 30 days after

17 enrollment in a training program, an adversely af18 fected worker shall receive needs-related payments if

19 such worker—

20 ‘‘(A) does not qualify or has ceased to

21 qualify for unemployment compensation; and

22 ‘‘(B) has enrolled in a training program

23 under this section;

24 ‘‘(4) provide for procedures for waiving maxi25 mum benefits requirements;
11

•S 1504 IS

1 ‘‘(5) provide for procedures for allowing the

2 payment of needs-related payments based on special

3 needs which shall be determined on appeal by the

4 Secretary;

5 ‘‘(6) provide that the levels of needs-related

6 payments to an adversely affected worker who does

7 not qualify or has ceased to qualify for unemploy8 ment compensation shall be equal to the higher of—

9 ‘‘(A) the applicable level of unemployment

10 compensation; or

11 ‘‘(B) the official poverty line (as defined by

12 the Office of Management and Budget, and re13 vised annually by the Secretary in accordance

14 with section 673(2) of the Community Services

15 Block Grant Act (42 U.S.C. 9902(2));

16 ‘‘(7) provide that the amount of needs-related

17 payments to an adversely affected worker who quali18 fies for emergency or extended unemployment bene19 fits shall be equal to the difference between the

20 amount of such worker’s compensation and the

21 amount of such worker’s unemployment benefits;

22 ‘‘(8) provide for the adjustment of payments to

23 reflect changes in total family income; and
12

•S 1504 IS

1 ‘‘(9) provide that the grantee shall obtain infor2 mation with respect to such income, and changes

3 therein, from the adversely affected worker.

4 ‘‘(i) COUNSELING AND REFERRALS.—Not later than

5 45 days after an adversely affected worker qualifies for

6 unemployment benefits, a grantee under this section shall

7 provide employment counseling and referral to training

8 programs, if needed, to such worker.

9 ‘‘(j) ADMINISTRATIVE EXPENSES.—

10 ‘‘(1) IN GENERAL.—The Secretary of Labor

11 may reserve not more than 5 percent of the awards

12 appropriated under this section for the administra13 tion of activities authorized under this section, in14 cluding the provision of technical assistance for the

15 preparation of grant applications.

16 ‘‘(2) PRIORITY.—In the provision of technical

17 assistance for preparation of grant applications

18 under paragraph (1), the Secretary of Labor shall

19 give priority to nongovernmental, and nonprofit or20 ganizations.

21 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—

22 ‘‘(1) IN GENERAL.—In addition to amounts au23 thorized to be appropriated by section 3(b), as

24 amended by section 102(a) of the Job Training Re25 form Amendments (Public Law 102–367), there are
13

•S 1504 IS

1 authorized to be appropriated $100,000,000 for fis2 cal year 1994, and such sums as may be necessary

3 for each of fiscal years 1995, 1996, 1997, and 1998,

4 to carry out this section. The total amount appro5 priated for all 5 such fiscal years shall not exceed

6 $500,000,000.

7 ‘‘(2) AVAILABILITY.—Amounts appropriated

8 pursuant to this subsection shall remain available

9 until expended.

10 ‘‘(l) REGULATIONS.—Not later than 180 days after

11 the date of enactment of this section, the Secretary shall

12 prescribe regulations to carry out this section.

13 ‘‘(m) GENERAL ACCOUNTING OFFICE ASSESSMENT

14 OF EFFECTS ON EMPLOYMENT OF COMPLIANCE WITH

15 ENVIRONMENTAL POLICIES.—The Comptroller General of

16 the United States shall—

17 ‘‘(1) identify and assess, to the extent possible,

18 the effects on employment that are attributable to

19 compliance with the provisions of the Endangered

20 Species Act of 1973 (16 U.S.C. 1531 et seq.), the

21 National Forest Management Act of 1976 (90 Stat.

22 2949), the Federal Land Policy and Management

23 Act of 1976 (43 U.S.C. 1701 et seq.), the Migratory

24 Bird Treaty Act (16 U.S.C. 703 et seq.), the Fed25 eral Water Pollution Control Act (33 U.S.C. 1251 et
14

•S 1504 IS

1 seq.), the National Environmental Policy Act of

2 1969 (42 U.S.C. 4321 et seq.), the Forest and

3 Rangeland Renewable Resource Planning Act of

4 1974 (16 U.S.C. 1601 et seq.), or the Multiple-Use

5 Sustained-Yield Act of 1960 (16 U.S.C. 528 et seq.);

6 and

7 ‘‘(2) submit to the Congress on the date that is

8 4 years after the date of the enactment of this sec9 tion a written report on the assessments required

10 under paragraph (1).’’.

11 (b) CONFORMING AMENDMENTS.—

12 (1) The table of contents of the Job Training

13 Partnership Act is amended by adding at the end of

14 the items pertaining to part B of title III the follow15 ing:

‘‘Sec. 327. Environmental employment transition assistance.’’.

16 (2) Section 3(b) of the Job Training Partner17 ship Act (29 U.S.C. 1502(c)), as amended by section

18 102(a) of the Job Training Reform Amendments

19 (Public Law 102–367), is amended by striking ‘‘sec20 tion 326’’ and inserting ‘‘sections 326 and 327’’.

Æ