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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Provo River Project Transfer Act''.

SEC. 2. DEFINITIONS.

    In this Act:
        (1) Agreement.--The term ``Agreement'' means the contract 
    numbered 04-WC-40-8950 and entitled ``Agreement Among the United 
    States, the Provo River Water Users Association, and the 
    Metropolitan Water District of Salt Lake & Sandy to Transfer Title 
    to Certain Lands and Facilities of the Provo River Project'' and 
    shall include maps of the land and features to be conveyed under 
    the Agreement.
        (2) Association.--The term ``Association'' means the Provo 
    River Water Users Association, a nonprofit corporation organized 
    under the laws of the State.
        (3) District.--The term ``District'' means the Metropolitan 
    Water District of Salt Lake & Sandy, a political subdivision of the 
    State.
        (4) Pleasant grove property.--
            (A) In general.--The term ``Pleasant Grove Property'' means 
        the 3.79-acre parcel of land acquired by the United States for 
        the Provo River Project, Deer Creek Division, located at 
        approximately 285 West 1100 North, Pleasant Grove, Utah, as in 
        existence on the date of enactment of this Act.
            (B) Inclusions.--The term ``Pleasant Grove Property'' 
        includes the office building and shop complex constructed by 
        the Association on the parcel of land described in subparagraph 
        (A).
        (5) Provo reservoir canal.--The term ``Provo Reservoir Canal'' 
    means the canal, and any associated land, rights-of-way, and 
    facilities acquired, constructed, or improved by the United States 
    as part of the Provo River Project, Deer Creek Division, extending 
    from, and including, the Murdock Diversion Dam at the mouth of 
    Provo Canyon, Utah, to and including the Provo Reservoir Canal 
    Siphon and Penstock, as in existence on the date of enactment of 
    this Act.
        (6) Salt lake aqueduct.--The term ``Salt Lake Aqueduct'' means 
    the aqueduct and associated land, rights-of-way, and facilities 
    acquired, constructed or improved by the United States as part of 
    the Provo River Project, Aqueduct Division, extending from, and 
    including, the Salt Lake Aqueduct Intake at the base of Deer Creek 
    Dam to and including the Terminal Reservoirs located at 3300 South 
    St. and Interstate Route 215 in Salt Lake City, Utah, as in 
    existence on the date of enactment of this Act.
        (7) Secretary.--The term ``Secretary'' means the Secretary of 
    the Interior or a designee of the Secretary.
        (8) State.--The term ``State'' means the State of Utah.

SEC. 3. CONVEYANCE OF LAND AND FACILITIES.

    (a) Conveyances to Association.--
        (1) Provo reservoir canal.--
            (A) In general.--In accordance with the terms and 
        conditions of the Agreement and subject to subparagraph (B), 
        the Secretary shall convey to the Association, all right, 
        title, and interest of the United States in and to the Provo 
        Reservoir Canal.
            (B) Condition.--The conveyance under subparagraph (A) shall 
        not be completed until the Secretary executes the Agreement and 
        accepts future arrangements entered into by the Association, 
        the District, the Central Utah Water Conservancy District, and 
        the Jordan Valley Water Conservancy District providing for the 
        operation, ownership, financing, and improvement of the Provo 
        Reservoir Canal.
        (2) Pleasant grove property.--In accordance with the terms and 
    conditions of the Agreement, the Secretary shall convey to the 
    Association, all right, title, and interest of the United States in 
    and to the Pleasant Grove Property.
    (b) Conveyance to District.--
        (1) In general.--In accordance with the terms and conditions of 
    the Agreement, and subject to the execution of the Agreement by the 
    Secretary, the Secretary shall convey to the District, all right, 
    title, and interest of the United States in and to Salt Lake 
    Aqueduct.
        (2) Easements.--
            (A) In general.--As part of the conveyance under paragraph 
        (1), the Secretary shall grant to the District permanent 
        easements to--
                (i) the National Forest System land on which the Salt 
            Lake Aqueduct is located; and
                (ii) land of the Aqueduct Division of the Provo River 
            Project that intersects the parcel of non-Federal land 
            authorized to be conveyed to the United States under 
            section 104(a) of Public Law 107-329 (116 Stat. 2816).
            (B) Purpose.--The easements conveyed under subparagraph (A) 
        shall be for the use, operation, maintenance, repair, 
        improvement, or replacement of the Salt Lake Aqueduct by the 
        District.
            (C) Limitation.--The United States shall not carry out any 
        activity on the land subject to the easements conveyed under 
        subparagraph (A) that would materially interfere with the use, 
        operation, maintenance, repair, improvement, or replacement of 
        the Salt Lake Aqueduct by the District.
            (D) Boundaries.--The boundaries of the easements conveyed 
        under subparagraph (A) shall be determined by the Secretary, in 
        consultation with the District and the Secretary of 
        Agriculture.
            (E) Transfer of administrative jurisdiction.--
                (i) In general.--On conveyance of the easement to the 
            land described in subparagraph (A)(ii), the Secretary, 
            subject to the easement, shall transfer to the Secretary of 
            Agriculture administrative jurisdiction over the land.
                (ii) Administrative site.--The land transferred under 
            clause (i) shall be administered by the Secretary of 
            Agriculture as an administrative site.
            (F) Administration.--The easements conveyed under 
        subparagraph (A) shall be administered by the Secretary of 
        Agriculture in accordance with section 501(b)(3) of the Federal 
        Land Policy and Management Act of 1976 (43 U.S.C. 1761(b)(3)).
    (c) Consideration.--
        (1) Association.--
            (A) In general.--In exchange for the conveyance under 
        subsection (a)(1), the Association shall pay the Secretary an 
        amount that is equal to the sum of--
                (i) the net present value of any remaining debt 
            obligation of the United States with respect to the Provo 
            Reservoir Canal; and
                (ii) the net present value of any revenues from the 
            Provo Reservoir Canal that, based on past history--

                    (I) would be available to the United States but for 
                the conveyance of the Provo Reservoir Canal under 
                subsection (a)(1); and
                    (II) would be deposited in the reclamation fund 
                established under the first section of the Act of June 
                17, 1902 (43 U.S.C. 391), and credited under the terms 
                of Reclamation Manual/Directives and Standards PEC 03-
                01.

            (B) Deduction.--In determining the net present values under 
        clauses (i) and (ii) of subparagraph (A), the Association may 
        deduct from the net present value such sums as are required for 
        the reimbursement described in the Agreement.
        (2) District.--
            (A) In general.--In exchange for the conveyance under 
        subsection (b)(1), the District shall pay the Secretary an 
        amount that is equal to the sum of--
                (i) the net present value of any remaining debt 
            obligation of the United States with respect to the Salt 
            Lake Aqueduct; and
                (ii) the net present value of any revenues from the 
            Salt Lake Aqueduct that, based on past history--

                    (I) would have been available to the United States 
                but for the conveyance of the Salt Lake Aqueduct under 
                subsection (b)(1); and
                    (II) would be deposited in the reclamation fund 
                established under the first section of the Act of June 
                17, 1902 (43 U.S.C. 391), and credited under the terms 
                of Reclamation Manual/Directives and Standards PEC 03-
                01.

            (B) Deduction.--In determining the net present values under 
        clauses (i) and (ii) of subparagraph (A), the District may 
        deduct from the net present value such sums as are required for 
        the reimbursement described in the Agreement.
    (d) Payment of Costs.--In addition to amounts paid to the Secretary 
under subsection (c), the Association and the District shall, in 
accordance with the Agreement, pay the Secretary--
        (1) any necessary and reasonable administrative and real estate 
    transfer costs incurred by the Secretary in carrying out the 
    conveyance; and
        (2) one-half of any necessary and reasonable costs associated 
    with complying with--
            (A) the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.);
            (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.); and
            (C)(i) the National Historic Preservation Act (16 U.S.C. 
        470 et seq.); and
            (ii) any other Federal cultural resource laws.
    (e) Compliance With Environmental Laws.--
        (1) In general.--Before conveying land and facilities under 
    subsections (a) and (b), the Secretary shall comply with all 
    applicable requirements under--
            (A) the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.);
            (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.); and
            (C) any other law applicable to the land and facilities.
        (2) Effect.--Nothing in this Act modifies or alters any 
    obligations under--
            (A) the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.); or
            (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.).

SEC. 4. EXISTING CONTRACTS.

    (a) Deer Creek Division Construction Contract.--Notwithstanding the 
conveyances under subsections (a) and (b)(1) of section 3, and subject 
to the terms of the Agreement, any portion of the Deer Creek Division, 
Provo River Project, Utah, that is not conveyed under that section 
shall continue to be operated and maintained by the Association, in 
accordance with the contract numbered I1r-874, dated June 27, 1936, and 
entitled the ``Contract Between the United States and Provo River Water 
Users Association Providing for the Construction of the Deer Creek 
Division of the Provo River Project, Utah''.
    (b) Provo River Project and Jordan Aqueduct System Contracts.--
Subject to the terms of the Agreement, any written contract of the 
United States in existence on the date of enactment of this Act 
relating to the operation and maintenance of any division or facility 
of the Provo River Project or the Jordan Aqueduct System is confirmed 
and declared to be a valid contract of the United States that is 
enforceable in accordance with the express terms of the contract.
    (c) Use of Central Utah Project Water.--
        (1) In general.--Subject to paragraph (2), any entity with 
    contractual Provo Reservoir Canal or Salt Lake Aqueduct capacity 
    rights in existence on the date of enactment of this Act may, in 
    addition to the uses described in the existing contracts, use the 
    capacity rights, without additional charge or further approval from 
    the Secretary, to transport Central Utah Project water on behalf of 
    the entity or others.
        (2) Limitations.--An entity shall not use the capacity rights 
    to transport Central Utah Project water under paragraph (1) 
    unless--
            (A) the transport of the water is expressly authorized by 
        the Central Utah Water Conservancy District;
            (B) the use of the water facility to transport the Central 
        Utah Project water is expressly authorized by the entity 
        responsible for operation and maintenance of the facility; and
            (C) carrying Central Utah Project water through Provo River 
        Project facilities would not--
                (i) materially impair the ability of the Central Utah 
            Water Conservancy District or the Secretary to meet 
            existing express environmental commitments for the 
            Bonneville Unit; or
                (ii) require the release of additional Central Utah 
            Project water to meet those environmental commitments.
    (d) Authorized Modifications.--The Agreement may provide for--
        (1) the modification of the 1936 Repayment Contract for the 
    Deer Creek Division of the Provo River Project to reflect the 
    partial prepayment, the adjustment of the annual repayment amount, 
    and the transfer of the Provo Reservoir Canal and the Pleasant 
    Grove Property; and
        (2) the modification or termination of the 1938 Repayment 
    Contract for the Aqueduct Division of the Provo River Project to 
    reflect the complete payout and transfer of all facilities of the 
    Aqueduct Division.
    (e) Effect of Act.--Nothing in this Act impairs any contract 
(including subscription contracts) in effect on the date of enactment 
of this Act that allows for or creates a right to convey water through 
the Provo Reservoir Canal.

SEC. 5. EFFECT OF CONVEYANCE.

    On conveyance of any land or facility under subsection (a) or 
(b)(1) of section 3--
        (1) the land and facilities shall no longer be part of a 
    Federal reclamation project;
        (2) the Association and the District shall not be entitled to 
    receive any future reclamation benefits with respect to the land 
    and facilities, except for benefits that would be available to 
    other nonreclamation facilities; and
        (3) the United States shall not be liable for damages arising 
    out of any act, omission, or occurrence relating to the land and 
    facilities, but shall continue to be liable for damages caused by 
    acts of negligence committed by the United States or by any 
    employee or agent of the United States before the date of 
    conveyance, consistent with chapter 171 of title 28, United States 
    Code.

SEC. 6. REPORT.

    If a conveyance required under subsection (a) or (b)(1) of section 
3 is not completed by the date that is 18 months after the date of 
enactment of this Act, the Secretary shall submit to Congress a report 
that--
        (1) describes the status of the conveyance;
        (2) describes any obstacles to completing the conveyance; and
        (3) specifies an anticipated date for completion of the 
    conveyance.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
Provo River Project Transfer Act - (Sec. 3) Directs the Secretary of the Interior to convey to the Provo River Water Users Association (Association) all right, title, and interest of the United States in and to the Provo Reservoir Canal in the State of Utah. Conditions such conveyance upon the execution by the Secretary of the Agreement entitled "Agreement Among the United States, the Provo River Waters Users Association, and the Metropolitan Water District of Salt Lake & Sandy to Transfer Title to Certain Lands and Facilities of the Provo River Project (Agreement)," and upon the Secretary's acceptance of future arrangements governing the operation, ownership, financing, and improvement of the Provo Reservoir Canal.

Directs the Secretary to convey to the Association all right, title, and interest of the United States in and to the Pleasant Grove Property in the State of Utah.

Directs the Secretary to: (1) convey to the Metropolitan Water District of Salt Lake & Sandy (District) in the State of Utah, all right, title, and interest of the United States in and to Salt Lake Aqueduct; (2) grant permanent easements to the District for the use, operation, maintenance, repair, improvement, or replacement of the Salt Lake Aqueduct by the District; (3) determine the boundaries of such easements; and (4) transfer administrative jurisdiction over certain land of the Aqueduct Division of the Provo River Project to the Secretary of Agriculture. Directs the Secretary of Agriculture to administer such land as an administrative site subject to provisions of the Federal Land Policy and Management Act of 1976.

Prohibits the United States from carrying out any activities on the lands covered by the Salt Lake Aqueduct easements that would materially interfere with the operation, maintenance, repair, improvement, or replacement of the Salt Lake Aqueduct by the District.

Sets forth a formula for for payments by the Association and the District for the land conveyances under this Act. Requires the Association and the District to pay certain additional costs relating to the land conveyances.

Requires the Secretary to comply with certain environmental and other laws prior to making land conveyances under this Act.

(Sec. 4) Confirms that: (1) certain existing contracts covering lands of the Provo River Project not conveyed by this Act remain in effect; and (2) entities with existing contractual capacity rights to either the Provo Reservoir Canal or Salt Lake Aqueduct may transport Central Utah Project water.

Authorizes the Agreement to provide for modifications to repayment contracts for the Deer Creek and Aqueduct Divisions of the Provo River Project.

Provides that nothing in this Act impairs any existing contract (including subscription contracts) regarding the conveyance of water through the Provo Reservoir Canal.

(Sec. 5) Provides that: (1) lands and facilities conveyed under this Act are no longer part of a Federal reclamation project; (2) the Association and the District are no longer entitled to reclamation benefits for conveyed lands, except for benefits available to other nonreclamation facilities; and (3) the United States shall not be liable for damages for acts, omissions, or occurrences relating to conveyances under this Act, except for negligent acts committed prior to the date of conveyance.

(Sec. 6) Requires the Secretary to report to Congress on the status of any land conveyances not completed within 18 months after the enactment of this Act.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Early Education Employee Benefit Act 
of 2002''.

SEC. 2. AUTHORITY TO MAKE GRANTS.

    The Secretary of Health and Human Services may make grants on a 
competitive basis, and payable during a period of not less than 2 years 
and not more than 5 years, to eligible States and political 
subdivisions of States--
            (1) to establish innovative partnerships with private 
        partners to reduce the cost incurred by employees and union 
        members to obtain early education (including child care, 
        preschool, and other early childhood programs), or
            (2) to assist private partners to pay part of the cost of 
        acquiring, building, and renovating physical premises to be 
        used as new early education facilities.

SEC. 3. ELIGIBILITY OF STATES AND POLITICAL SUBDIVISIONS OF STATES TO 
              RECEIVE GRANTS.

    To be eligible to receive a grant under section 2, a State or a 
political subdivision of a State shall submit to the Secretary an 
application at such time, in such form, and containing such information 
as the Secretary may require by rule, including--
            (1) the agency designated by the State, or the political 
        subdivision of a State, to serve as the lead agency that will 
        administer such grant,
            (2) a description of the program such applicant intends to 
        carry out with such grant,
            (3) a description of the source, and increasing annual 
        amount, of the funds such applicant will use to pay the non-
        Federal share of the cost to carry out such program during a 
        period not less than 2 years and not more than 5 years, and
            (4) an agreement that such State or such political 
        subdivision--
                    (A) will contribute (from non-Federal funds) to 
                carry out such program, an amount equal to 50 percent 
                of the amount of such grant,
                    (B) will not require a private partner to offer on-
                site early education as a condition for participation 
                in an Early Education Benefit Agreement, and
                    (C) will use such grant to supplement, not 
                supplant, spending by such State, such political 
                subdivision, and private partners to improve access to 
                and enhance the quality of early education.

SEC. 4. SELECTION OF APPLICANTS TO RECEIVE GRANTS.

    In making grants under this Act, the Secretary shall give priority 
to eligible applicants that--
            (1) are, in the judgment of the Secretary, most likely to 
        increase the number of employees and members who receive an 
        Early Education Benefit through their employers and unions,
            (2) propose innovative public-private partnerships that 
        will carry out early education programs that are likely to be 
        replicated,
            (3) are likely to be sustainable beyond the period during 
        which such grant is expended,
            (4) are developed in consultation with child care resource 
        and referral agencies and networks, and with employers and 
        unions,
            (5) demonstrate the intention and ability to provide--
                    (A) with funds to be expended for the use described 
                in section 5(1), Early Education Benefits through Early 
                Education Benefit Agreements to a significant number of 
                employees of private employers with fewer than 50 
                employees, or
                    (B) with funds to be expended for the use described 
                in section 5(2), Early Education Start-up Grants to 
                private employers with fewer than 50 employees, and
                    (6) have experience working on early childhood 
                issues and working in partnership with the business 
                community, or have an agreement to implement the 
                program funded by a grant made under section 2 through 
                a nonprofit entity with such experience.

SEC. 5. USES OF FUNDS.

    A recipient of a grant made under section 2 shall use such grant--
            (1) to enter into Early Education Benefit Agreements to 
        provide Early Education Benefits, or
            (2) to provide funds to private partners to establish new 
        early education facilities,
except that not more than 5 percent of such grant may be used to pay 
administrative costs incurred by such recipient to carry out this Act, 
including providing outreach to private partners.

SEC. 6. EARLY EDUCATION BENEFIT AGREEMENTS.

    (a) Eligibility.--To be eligible to receive funds to be used for 
the purpose specified in section 5(1) from a grant made under section 
2, a private partner, or consortia of private partners, shall enter 
into an Early Education Benefit Agreement with the recipient of such 
grant that includes the following:
            (1) An assurance that such private partner, or such 
        consortia, will pay not less than--
                    (A) \1/3\ of the cost of such Early Education 
                Benefit, or
                    (B) \1/5\ of such cost if such private partner, or 
                such consortia, creates a new early education facility 
                that--
                            (i) serves children less than 2 years of 
                        age or children with disabilities, or
                            (ii) is available during nontraditional 
                        work hours.
            (2) An assurance that such private partner, or such 
        consortia, shall offer such Early Education Benefit on a 
        priority basis to such employees or such members who have lower 
        incomes if such Early Education Benefit is not offered to all 
        such employees or all such members.
            (3) An assurance that if such private partner, or such 
        consortia, requires that such Early Education Benefit received 
        by an employee or member be expended at a limited number of 
        sites where early education (including child care, preschool, 
        and other early childhood programs) is provided, then 
there shall be at least 1 provider of early education (including child 
care, preschool, and other early childhood programs) for which such 
Early Education Benefit may be expended, that is--
                    (A) located at or near the residence or place of 
                employment of such employee or such member, and
                    (B) accredited by the National Association for the 
                Education of Young Children or the National Association 
                for Family Child Care, or taking steps to obtain such 
                accreditation.
            (4) An assurance that early education paid for in whole or 
        in part by such Early Education Benefit will be provided by a 
        provider that is licensed or regulated by the State.
            (5) A detailed description of--
                    (i) the nature of the Early Education Benefit to be 
                provided,
                    (ii) the respective financial contributions of such 
                private partner, or such consortia, and such grant 
                recipient, and the procedures by which such 
                contributions will be made,
                    (iii) the number of employees or members expected 
                to receive the Early Education Benefit provided under 
                such Agreement, and
                    (iv) the estimated total cost of such Benefit to 
                such private partner (or such consortia), such grant 
                recipient, and such employees or such members.
    (b) Selection of Private Partners To Enter Into Early Education 
Benefit Agreements.--In selecting private partners with which to enter 
into Early Education Benefit Agreements, a recipient of a grant made 
under section 2 shall give priority to--
            (1) private partners that will make larger financial 
        contributions to the Early Education Benefit,
            (2) private partners with fewer employees or members,
            (3) private partners that will make an Early Education 
        Benefit available to employees and members on a sliding scale 
        inversely proportional to their level of earned income, and
            (4) private partners that have a history of personnel 
        policies and practices that enable their employees or their 
        members to balance work commitments with family obligations.

SEC. 7. EARLY EDUCATION START-UP GRANTS.

    (a) Eligibility To Receive Funds.--To be eligible to receive funds 
for the use specified in section 5(2) from a grant made under section 
2, a private partner shall agree--
            (1) to subsidize attendance at the proposed new early 
        education facility for children of lower-paid employees or 
        members, and
            (2) to pay not less than \1/3\ of the cost of acquiring, 
        building, and renovating physical premises to be used as such 
        facility.
    (b) Selection of Private Partners To Receive Funds.--In providing 
funds to private partners from a grant received for the use specified 
in section 5(2), a recipient of a grant made under section 2 shall give 
priority to--
            (1) private partners that will create a facility to provide 
        early education that--
                    (A) serves children less than 2 years of age or 
                children with disabilities, or
                    (B) is available during nontraditional hours during 
                which their parents are employed,
            (2) private partners that will operate such a facility that 
        is accredited, has a low ratio of children to adults, or 
        demonstrates other facts that show such facility offers an 
        early education program of high quality,
            (3) private partners that will pay with nongovernmental 
        funds a larger share of the cost of the use for which the Early 
        Education Start-up Grant funds will be expended,
            (4) private partners that have fewer employees or members, 
        and
            (5) private partners that have a history of personnel 
        policies and practices that enable their employees or members 
        to balance work commitments with family obligations.

SEC. 8. REPORTS.

    (a) Reports by Grantees.--The Secretary shall issue rules that 
require each recipient of a grant made under section 2 to submit 
annually to the Secretary a report that includes the following 
information for the fiscal year for which such report is submitted:
            (1) The number of Early Education Benefit Agreements 
        participated in and Start-Up Grants made.
            (2) Information about the private partners, including the 
        industry of which they are a part and their size.
            (3) Information about the number of employees who are both 
        offered and are receiving Early Education Benefits as a result 
        of such grant,including the number and average incomes of 
        employees who are receiving Early Education Benefits and the 
        number of employees who were offered and declined Early 
        Education Benefits.
            (4) Information about the amount of private spending on 
        Early Education Benefits and on the investment in new early 
        education facilities leveraged by the grants.
            (5) If appropriate and available, information about whether 
        and at what level private partners have continued to provide 
        Early Education Benefits after the conclusion of the grantee's 
        participation in an Early Education Benefit Agreement.
    (b) Reports by the Secretary.--The Secretary shall submit to the 
Congress biennially a report that includes the following information 
for the period of 2 fiscal years for which such report is submitted:
            (1) Summaries of the reports received under subsection (a) 
        by the Secretary for such period.
            (2) A description of the implementation of this Act, and 
        its impact on employees' access to early education programs for 
        their children, during such period.

SEC. 9. DEFINITIONS.

    For purposes of this Act:
            (1) Child.--The term ``child'' means an individual who is 
        less that 6 years of age.
            (2) Early Education Benefit.--The term ``Early Education 
        Benefit'' means assistance, in cash or in kind, to pay any part 
        of the cost incurred by employees and union members to obtain 
        early education (including child care, preschool, and other 
        early childhood programs) for their children.
            (3) Early Education Benefit Agreement.--The term ``Early 
        Education Benefit Agreement'' means a contract under which a 
        recipient of a grant under section 2 and a private partner that 
        receives from such recipient funds provided for the use 
        described in section 5(1) agree to provide jointly an Early 
        Education Benefit for children of the members or employees of 
        such private partner.
            (4) Private Partner.--The term ``private partner'' means a 
        private employer, labor union, and consortia of employers or 
        labor unions.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act such 
sums as may be necessary for fiscal years 2003 through 2007.
Early Education Employee Benefit Act of 2002 - Authorizes the Secretary of Health and Human Services (HHS) to make competitive matching grants to States and local governments to: (1) enter Early Education Benefit Agreements with private partners to provide part of the cost of Early Education Benefits, which reduce costs incurred by employees and union members to obtain early education (including child care, preschool, and other early childhood programs); or (2) make Early Education Start-Up Grants to assist private partners to pay part of the cost of acquiring, building, and renovating physical premises to be used as new early education facilities, if such partners subsidize attendance at those facilities for children of lower-paid employees or union members.

SECTION 1. SHORT TITLE.

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

SEC. 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.

SEC. 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).

Gulf Coast Restoration Act - Amends the Workforce Investment Act of 1998 to authorize the Secretary of Labor to award national emergency grants to a state to provide oil spill relief employment assistance for an area of the state that has been affected by an oil or hazardous substances spill of national significance (covered incident).

Makes assistance available to: (1) provide oil spill relief employment of unemployed or dislocated workers on projects to clean, restore, or reconstruct lands, marshes, waters, and structures located within an area of a covered incident, as well as for food, clothing, shelter and other humanitarian assistance to affected individuals; (2) establish cleanup standards; (3) provide employment and training of, and protective equipment to, workers; (4) increase a state's capacity to provide information about public and private services at one-stop centers and other access points to individuals adversely affected by a covered incident; and (5) provide temporary employment by public sector entities.

Requires the Secretary to require states receiving oil spill relief employment assistance to provide assurance that Davis-Bacon Act (locality pay) wages are paid to all employees and contractors who work on such projects.

Limits an individual's oil spill employment to six months, subject to extension for a period determined by the Secretary.

Establishes a Gulf Coast Community Conservation Corps (Gulf Coast CCC), administered by the Corporation for National and Community Service, to carry out national service programs that provide a covered incident area with oil spill relief specified in this Act.

Authorizes the Corporation to transfer funds from the National Service Trust Fund to provide in-service or post-service national service educational benefits to individuals participating in a Gulf Coast CCC national service program.

Requires parties responsible for a covered incident to reimburse the federal government for costs incurred in carrying out the activities authorized under this Act.