S.Amdt. 4291

1. Inserts new text wherever appropriate

   Inserts

   Inserted: SEC._. NATIONAL EMERGENCY GRANTS.

   Inserted: (a) Appropriations for Oil Spill Relief Employment.--There is appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2010, for an additional amount for "Training and Employment Services" for the Employment and Training Administration of the Department of Labor, to carry out the provisions of subsections (a)(5) and (h) of section 173 of the Workforce Investment Act of 1998 (29 U.S.C. 2918), $50,000,000. Such amount shall be available on the date of enactment of this section, notwithstanding section 189(g)(1) of that Act (29 U.S.C. 2939(g)(1)) and remain available through June 30, 2011.

   Inserted: (b) Programs.--Section 173(a) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(a)) is amended--

   Inserted: (1) in paragraph (3), by striking "and" at the end;

   Inserted: (2) in paragraph (4), by striking the period and inserting a semicolon; and

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

   Inserted: "(5) to provide assistance to a State that is partially or completely within the boundaries of an area that is the subject of a presidential determination that additional resources are necessary to respond to an incident, as defined in subsection (h)(1)(A)(i)(I), to provide oil spill relief employment in the area and in offshore areas related to the incident, and related assistance, as described in subsection (h); and

   Inserted: "(6) to provide assistance to a State for technical assistance grants described in subsection (i).".

   Inserted: (c) 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:

   Inserted: "(h) Oil Spill Relief Employment Assistance Requirements.--

   Inserted: "(1) In general.--Funds made available under subsection (a)(5)--

   Inserted: "(A)(i) shall be used to provide oil spill relief employment on--

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   Inserted: "(I) projects regarding cleaning, restoration, renovation, repair, and reconstruction of lands, marshes, waters, structures, and facilities located within the area of an incident related to a spill classified as a spill of national significance for the National Contingency Plan under section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605) (referred to in this subsection as an 'incident'), as well as offshore areas related to such incident; and

   Inserted: "(II) projects that provide food, clothing, shelter, and other humanitarian assistance to individuals adversely affected by the incident;

   Inserted: "(ii) may be expended to provide employment and training activities related to the projects described in clause (i);

   Inserted: "(iii) may be expended to provide personal protective equipment to employees engaged in oil spill relief employment described in clause (i); and

   Inserted: "(iv) may be used to make subgrants to public and private agencies and organizations to engage in the projects;

   Inserted: "(B) 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 range of the public and private services available, to individuals adversely affected by the incident, through one-stop delivery system described in section 134(c), and other access points (including other public facilities, mobile service delivery units, and social services offices); and

   Inserted: "(C) may be used to provide temporary employment by public sector entities for a period of not more than 6 months, in addition to the oil spill relief employment described in subparagraph (A).

   Inserted: "(2) Eligibility.--An individual shall be eligible for any services described in paragraph (1)(B) or employment described in subparagraph (A) or (C) of paragraph (1) if such individual--

   Inserted: "(A) is temporarily or permanently laid off as a consequence of the incident;

   Inserted: "(B) is a dislocated worker;

   Inserted: "(C) is a long-term unemployed individual; or

   Inserted: "(D) meets such other criteria as the Secretary may establish.

   Inserted: "(3) Limitations on oil spill relief employment assistance.--No individual shall be employed under subsection (a)(5) for more than 6 months for oil spill relief employment related to response to a single incident. After reviewing a request from the State involved for an extension of the employment, the Secretary may extend such employment related to response to a single incident for not more than an additional 6 months.

   Inserted: "(4) Applications for assistance.--To be eligible to receive assistance for a State as described in paragraph (1), the Governor of the State shall submit an application to the Secretary at such time, in such manner, and containing--

   Inserted: "(A) a detailed description of how the State will ensure the capacity of the one-stop delivery system described in section 134(c) and other access points to--

   Inserted: "(i) provide individuals adversely affected by the incident with information, in languages appropriate to the individuals served, about the range of available services authorized under this title; and

   Inserted: "(ii) provide the adversely affected individuals with access to the range of the services;

   Inserted: "(B) a detailed description of how the State will prioritize individuals who are temporarily or permanently laid off as a consequence of the incident in the assignment of temporary employment positions; and

   Inserted: "(C) any other supporting information the Secretary may require.

   Inserted: "(5) Reimbursement.--

   Inserted: "(A) In general.--Each responsible party under the Oil Pollution Act of 1990 (33 U.S.C.

   Inserted: 2701 et seq.), with respect to an incident, is liable for any costs incurred by the United States under this subsection (including paragraph (7)) or subsection (a)(5) for the that incident. The responsible party shall, upon the demand of the Secretary of the Treasury, reimburse the Oil Spill Liability Trust Fund for all of the costs as well as the costs of the United States in administering its responsibilities under this subsection or subsection (a)(5) for that incident.

   Inserted: "(B) Action.--If a responsible party fails to pay a demand of the Secretary of the Treasury pursuant to this subsection or 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. The Attorney General shall bring the action for reimbursement of costs, in the amount of the demand, plus all costs incurred in obtaining payment, including prejudgment interest, attorney's fees, and any other administrative and adjudicative costs involved. Such reimbursement shall be without regard to limits of liability under section 1004 of Oil Pollution Act of 1990 (33 U.S.C. 2704).

   Inserted: "(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 provide that assistance, subject to paragraph (3), to eligible individuals described in paragraph (2), including employees who have relocated from areas in which an incident has occurred. 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 for fiscal year 2009, 2010, or 2011 under this section to provide that assistance to those eligible individuals. Funds used pursuant to the authority provided under this paragraph shall be reimbursed as described in paragraph (5).

   Inserted: "(7) Reservation of funds for administrative activities of the department of labor.--The Secretary may reserve not more than 1 percent of the funds available to carry out this subsection and transfer the reserved funds to appropriate Department of Labor accounts. The Secretary shall transfer the funds to accounts for program administration and support activities in the Department of Labor associated with this subsection, and for increased worker protection and workplace benefit activities and oversight and coordination activities in connection with the application of laws (including regulations) associated with the Department's response to spills described in subsection (a)(5). Funds used pursuant to the authority provided under this paragraph shall be reimbursed as described in paragraph (5).

   Inserted: "(8) Report.--Not later than 1 year after the date of enactment of this subsection, the Secretary shall submit to the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate a report describing the use of the funds made available to carry out this subsection.".

   Inserted: (d) Oil Spill Claims Assistance and Recovery Requirements.--Section 173 of the Workforce Investment Act of 1998 (29 U.S. C. 2918), as amended by subsection (c), is further amended by adding at the end the following:

   Inserted: "(i) Oil spill claims assistance and recovery requirements.--

   Inserted: "(1) Grants.--A State board shall use funds made available under subsection (a)(6) to provide, to eligible nonprofit organizations, technical assistance grants for use in assisting individuals and businesses affected by the Deepwater Horizon oil spill in the Gulf of Mexico (referred to in this subsection as the 'oil spill'). Determinations of the criteria for eligible nonprofit organizations shall be made by the Secretary, except that the Secretary may elect to give a State board the authority to make such a determination within that State.

   Inserted: "(2) Application.--An organization that seeks to receive a grant under this subsection shall submit to the State board an application for the grant such time, in such form, and containing such information as the State board shall require.

   Inserted: "(3) Provision of grants.--

   Inserted: "(A) In general.--Not later than 60 days after the date of enactment of this Act, the State board shall provide grants under this subsection.

   Inserted: "(B) Networked organizations.--The State board shall, to the maximum extent practicable, consider applications for grants under this subsection from organizations that have established networks with affected business sectors, including--

   Inserted: "(i) the fishery and aquaculture industries;

   Inserted: "(ii) the restaurant, grocery, food processing, and food delivery industries; and

   Inserted: "(iii) the hotel and tourism industries.

   Inserted: "(4) Use of funds.--

   Inserted: "(A) In general.--Funds from a grant provided under this subsection may be used by an eligible organization--

   Inserted: "(i) to support--

   Inserted: "(I) education;

   Inserted: "(II) outreach;

   Inserted: "(III) intake;

   Inserted: "(IV) language services;

   Inserted: "(V) accounting services;

   Inserted: "(VI) legal services offered pro bono or by a nonprofit organization;

   Inserted: "(VII) damage assessments;

   Inserted: "(VIII) economic loss analysis;

   Inserted: "(IX) collecting and preparing documentation; and

   Inserted: "(X) assistance in the preparation and filing of claims or appeals;

   Inserted: "(ii) to provide assistance to individuals or businesses seeking assistance from or under--

   Inserted: "(I) a party responsible for the oil spill;

   Inserted: "(II) the Oil Spill Liability Trust Fund;

   Inserted: "(III) an insurance policy; or

   Inserted: "(IV) any other program administered by the Federal Government or a State or local government;

   Inserted: "(iii) to pay for salaries, training, and appropriate expenses relating to the purchase or lease of property to support operations, equipment (including computers and telecommunications), and travel expenses;

   Inserted: "(iv) to assist other organizations--

   Inserted: "(I) assisting specific business sectors;

   Inserted: "(II) providing services;

   Inserted: "(III) assisting specific jurisdictions; or

   Inserted: "(IV) otherwise supporting operations; and

   Inserted: "(v) to establish an advisory board of service providers and technical experts--

   Inserted: "(I) to monitor the claims process relating to the oil spill; and

   Inserted: "(II) to provide recommendations to the parties responsible for the oil spill, the National Pollution Funds Center, other appropriate agencies, and Congress to improve fairness and efficiency in the claims process.

   Inserted: "(B) Prohibition on use of funds.--Funds from a grant provided under this subsection may not be used to provide compensation for damages or removal costs relating to the oil spill.

   Inserted: "(5) Training.--Not later than 30 days after the date on which an eligible organization receives a grant under this subsection, the Director of the National Pollution Funds Center and the parties responsible for the oil spill shall provide training to the organization regarding the applicable rules and procedures for the claims process relating to the oil spill.

   Inserted: "(6) Availability of funds.--Funds from a grant provided under this subsection shall be available until the later of, as determined by the Secretary--

   Inserted: "(A) the date that is 6 years after the date on which the oil spill occurred; and

   Inserted: "(B) the date on which all claims relating to the oil spill have been satisfied.".

   Inserted: (e) Effective Date.--This section, and the amendments made by this section, take effect on the date of enactment of this Act. The amendment made by subsection (c) applies to all responsible parties for incidents (as defined in section 173(h) of the Workforce Investment Act of 1998) under the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), including any party determined to be liable under the Oil Pollution Act of 1990 for such an incident that occurred prior to the date of enactment of this Act.

   Inserted: (f) Emergency Designation for Congressional Enforcement.--This section is designated as an emergency for purposes of pay-as-you-go principles. In the Senate, this section is designated as an emergency requirement pursuant to sections 403(a) and 423(b) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010.

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   Original wording

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As printed