I 

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. 

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 ‘‘Gulf Coast Restoration 

5 Act’’. 


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1 SEC. 2. AMENDMENTS TO THE WORKFORCE INVESTMENT 

2 ACT OF 1998. 

3 (a) IN GENERAL.—Section 173(a) of the Workforce 

4 Investment Act of 1998 (29 U.S.C. 2918(a)) is amend5 ed— 

6 (1) by striking ‘‘and’’ at the end of paragraph 

7 (3); 

8 (2) by striking the period at the end of para9 graph (4) and inserting ‘‘; and’’; and 

10 (3) by adding at the end the following: 

11 ‘‘(5) to provide assistance to the Governor of 

12 any State within the boundaries of an area that is 

13 the subject of a Presidential determination that ad14 ditional resources are necessary to respond to an in15 cident related to a spill of national significance de16 clared under the National Contingency Plan pro17 vided for under section 105 of the Comprehensive 

18 Environmental Response, Compensation, and Liabil19 ity Act of 1980 (42 U.S.C. 9605) (‘covered inci20 dent’) by providing oil spill relief employment in the 

21 area in accordance with subsection (h).’’. 

22 (b) OIL SPILL RELIEF EMPLOYMENT ASSISTANCE

23 REQUIREMENTS.—Section 173 of the Workforce Invest24 ment Act of 1998 (29 U.S.C. 2918) is amended by adding 

25 at the end the following: 


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1 ‘‘(h) OIL SPILL RELIEF EMPLOYMENT ASSISTANCE

2 REQUIREMENTS.— 

3 ‘‘(1) IN GENERAL.—Funds made available 

4 under subsection (a)(5)— 

5 ‘‘(A) shall be used to provide oil spill relief 

6 employment on projects with respect to clean7 ing, restoration, renovation, repair, and recon8 struction (including the construction of infra9 structure to facilitate ecosystem and habitat 

10 restoration, protection, creation, enhancement 

11 and species repopulation) of lands, marshes, 

12 waters, structures, and facilities, located within 

13 an area of a covered incident, as well as off14 shore areas related to such incident, and 

15 projects that provide food, clothing, shelter, and 

16 other humanitarian assistance to individuals 

17 harmed by the covered incident; 

18 ‘‘(B) shall be used to establish general 

19 cleanup standards approved by the Secretary 

20 for the selection of remedial actions for an area 

21 of a covered incident (including offshore areas 

22 related to such incident); 

23 ‘‘(C) may be expended through public and 

24 private agencies and organizations engaged in 

25 projects described in subparagraph (A); 


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1 ‘‘(D) may be expended to provide employ2 ment and training activities; 

3 ‘‘(E) may be expended to provide personal 

4 protective equipment to workers engaged in oil 

5 spill relief employment described in subpara6 graph (A); 

7 ‘‘(F) may be used to increase the capacity 

8 of States to make available the full range of 

9 services authorized under this title and provide 

10 information (in languages appropriate to the in11 dividuals served) about, and access to, the vari12 ety of public and private services available to 

13 individuals adversely affected by the covered in14 cident at one-stop centers described in section 

15 134(c) and other access points (including other 

16 public facilities, mobile service delivery units, 

17 and social services offices); and 

18 ‘‘(G) may be used to provide temporary 

19 employment by public sector entities, in addi20 tion to the oil spill relief employment described 

21 in subparagraph (A). 

22 ‘‘(2) PRIORITY.—An individual shall be given 

23 priority consideration for the oil spill relief employ24 ment described in subsection (a)(5) if such indi25 vidual— 


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1 ‘‘(A) is temporarily or permanently laid off 

2 as a consequence of a covered incident with re3 spect to which such employment is being pro4 vided; 

5 ‘‘(B) is a dislocated worker; 

6 ‘‘(C) has been an unemployed individual 

7 for a prolonged period; or 

8 ‘‘(D) meets such other criteria as the Sec9 retary may establish. 

10 ‘‘(3) PREVAILING WAGES.—The Secretary shall 

11 require that each State receiving support under sub12 section (a)(5) provide reasonable assurance that all 

13 employees and contractors employed in the perform14 ance of a project for which the support is provided 

15 will be paid wages at rates not less than those pre16 vailing on similar work in the locality as determined 

17 by the Secretary of Labor in accordance with sub18 chapter IV of chapter 31 of part A of subtitle II of 

19 title 40, United States Code (commonly referred to 

20 as the ‘Davis-Bacon Act’). 

21 ‘‘(4) LIMITATIONS ON OIL SPILL RELIEF EM22 PLOYMENT ASSISTANCE.—An individual shall be em23 ployed under subsection (a)(5) in oil spill relief em24 ployment with respect to a covered incident for a pe25 riod of 6 months. Such period of employment may 


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1 be subject to an extension for a period determined 

2 by the Secretary. 

3 ‘‘(5) REIMBURSEMENT.—Each party respon4 sible for a covered incident under the Oil Pollution 

5 Act of 1990 (33 U.S.C. 2701 et seq.) shall, upon the 

6 demand of the Secretary of the Treasury, reimburse 

7 the general fund of the Treasury for the costs in8 curred by the United States under subsection (a)(5) 

9 with respect to such incident, as well as the costs of 

10 the United States in administering its responsibil11 ities under subsection (a)(5) with respect to such in12 cident. If a responsible party fails to pay a demand 

13 of the Secretary of the Treasury pursuant to sub14 section (a)(5), the Secretary shall request the Attor15 ney General to bring a civil action against the re16 sponsible party or a guarantor in an appropriate dis17 trict court to recover the amount of the demand, 

18 plus all costs incurred in obtaining payment, includ19 ing prejudgment interest, attorneys fees, and any 

20 other administrative and adjudicative costs involved. 

21 Such reimbursement shall be without regard to lim22 its of liability under the section 1004 of the Oil Pol23 lution Act of 1990 (33 U.S.C. 2704). 

24 ‘‘(6) USE OF AVAILABLE FUNDS.—Funds ap25 propriated for fiscal years 2009 and 2010 and reVerDate Mar 15 2010 23:38 Jul 01, 2010 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5654.IH H5654

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1 maining available for obligation by the Secretary to 

2 provide any assistance authorized under this section 

3 shall be available to assist workers affected by a cov4 ered incident, including workers who have relocated 

5 from areas in which a covered incident has been de6 clared. Under such conditions as the Secretary may 

7 approve, any State may use funds that remain avail8 able for expenditure under any grants awarded to 

9 the State under this section to provide any assist10 ance authorized under subsection (a)(5). Funds used 

11 pursuant to the authority provided under this para12 graph shall be subject to the reimbursement require13 ments described in paragraph (5). 

14 ‘‘(7) REQUIREMENTS FOR GRANT APPLICA15 TIONS.—In order to receive funds under subsection 

16 (a)(5), a State shall submit an application at such 

17 time, in such manner, and containing such informa18 tion as the Secretary may require. Such application 

19 shall include a detailed description of— 

20 ‘‘(A) how the State will ensure the capacity 

21 of one-stop centers described in section 134(c) 

22 and other access points to— 

23 ‘‘(i) provide affected individuals with 

24 information, in languages appropriate to 


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1 the individuals served, about the range of 

2 available services; and 

3 ‘‘(ii) provide affected individuals with 

4 access to the range of needed services; 

5 ‘‘(B) how the State will prioritize individ6 uals who are temporarily or permanently laid 

7 off as a consequence of the covered incident in 

8 the assignment of temporary employment posi9 tions; and 

10 ‘‘(C) any other supporting information the 

11 Secretary may require.’’. 

12 (c) EFFECTIVE DATE.—The amendments made by 

13 this section shall take effect immediately upon the date 

14 of the enactment of this section and shall apply to all re15 sponsible parties under the Oil Pollution Act of 1990 (33 

16 U.S.C. 2701 et seq.), including any party determined to 

17 be liable under such Act for any incident that occurred 

18 prior to the date of the enactment of the amendments 

19 made by this section. 

20 SEC. 3. GULF COAST COMMUNITY CONSERVATION CORPS. 

21 (a) AUTHORITY.—From the amounts appropriated to 

22 carry out this section, the Corporation for National and 

23 Community Service (in this section referred to as the 

24 ‘‘Corporation’’), pursuant to section 126(b) and subtitle 

25 E of title I of the National and Community Service Act 


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1 of 1990 (42 U.S.C. 12576(b)), shall carry out the activi2 ties authorized under this section. 

3 (b) ESTABLISHMENT.— 

4 (1) IN GENERAL.—There is established a Gulf 

5 Coast Community Conservation Corps (in this sec6 tion referred to as the ‘‘Gulf Coast CCC’’), to be ad7 ministered by the Corporation directly, or by grant 

8 or contract, to carry out full- or part-time service 

9 national service programs that provide oil spill relief 

10 in accordance with subsection (d) in areas that are 

11 the subjects of a Presidential determination that ad12 ditional resources are necessary to respond to a cov13 ered incident. 

14 (2) EXISTING GRANTS OR CONTRACTS.—A 

15 grant or contract awarded under paragraph (1) may 

16 be awarded to an entity with which the Corporation 

17 has an existing grant or contract. 

18 (c) PARTICIPANTS.— 

19 (1) ELIGIBILITY.—To be eligible to participate 

20 in a national service program carried out by the Gulf 

21 Coast CCC, an individual— 

22 (A) shall be participating in a national 

23 service program under the national service laws; 

24 or 


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1 (B) shall be determined to be eligible in a 

2 manner that is consistent with the determina3 tion of eligibility under the national service 

4 laws. 

5 (2) BENEFITS.—An individual selected to par6 ticipate in a national service program carried out by 

7 the Gulf Coast CCC shall be eligible for any living 

8 allowances, educational awards, and other support 

9 that are authorized for a participant under the na10 tional service laws. 

11 (3) PRIORITY.—In selecting participants under 

12 paragraph (1), priority shall be given to unemployed 

13 individuals between the ages of 18 through 24. 

14 (4) TRAINING.—Training for participants serv15 ing in the Gulf Coast CCC shall include an environ16 mental education component. 

17 (d) PROGRAMS.—National service programs carried 

18 out by the Gulf Coast CCC shall— 

19 (1) include programs— 

20 (A) involving the cleaning, restoration, ren21 ovation, repair, and reconstruction (including 

22 the construction of infrastructure to facilitate 

23 ecosystem and habitat restoration, protection, 

24 creation, enhancement and species repopu25 lation), of lands, marshes, waters, structures, 


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1 and facilities located within the area of the cov2 ered incident, as well as offshore areas related 

3 to such incident; and 

4 (B) providing food, clothing, shelter, and 

5 other assistance to communities and individuals 

6 harmed by the covered incident; and 

7 (2) comply with the nonduplication and non8 displacement provisions of section 177 of the Na9 tional and Community Service Act of 1990 (42 

10 U.S.C. 12637). 

11 (e) EDUCATIONAL ASSISTANCE.—From funds appro12 priated to carry out this section, the Corporation may 

13 transfer funds to the National Service Trust established 

14 under section 145 of the National and Community Service 

15 Act of 1990 (42 U.S.C. 12601) to provide in-service or 

16 post-service benefits to, or funds to otherwise support, in17 dividuals participating in a national service program car18 ried out by the Gulf Coast CCC. 

19 (f) REIMBURSEMENT.—Each party responsible for a 

20 covered incident under the Oil Pollution Act of 1990 (33 

21 U.S.C. 2701 et seq.) shall, upon the demand of the Sec22 retary of the Treasury, reimburse the general fund of the 

23 Treasury for the costs incurred by the United States 

24 under this section with respect to such incident, as well 

25 as the costs of the United States in administering its reVerDate Mar 15 2010 23:38 Jul 01, 2010 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H5654.IH H5654

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1 sponsibilities under this section with respect to such inci2 dent. If a responsible party fails to pay a demand of the 

3 Secretary of the Treasury pursuant to this section, the 

4 Secretary shall request the Attorney General to bring a 

5 civil action against the responsible party or a guarantor 

6 in an appropriate district court to recover the amount of 

7 the demand, plus all costs incurred in obtaining payment, 

8 including prejudgment interest, attorneys fees, and any 

9 other administrative and adjudicative costs involved. Such 

10 reimbursement shall be without regard to limits of liability 

11 under the section 1004 of the Oil Pollution Act of 1990 

12 (33 U.S.C. 2704). 

13 (g) DEFINITIONS.—In this section: 

14 (1) IN GENERAL.—The term ‘‘national service 

15 laws’’ has the meaning given such term in section 

16 101 of the National and Community Service Act of 

17 1990 (42 U.S.C. 12511). 

18 (2) COVERED INCIDENT.—The term ‘‘covered 

19 incident’’ means an incident related to a spill of na20 tional significance declared under the National Con21 tingency Plan provided for under section 105 of the 

22 Comprehensive Environmental Response, Compensa23 tion, and Liability Act of 1980 (42 U.S.C. 9605). 

24 (3) UNEMPLOYED INDIVIDUAL.—The term ‘‘un25 employed individual’’ has the meaning given such 


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1 term in section 101 of the Workforce Investment 

2 Act of 1998 (29 U.S.C. 2801). 

Æ 


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