II 

111TH CONGRESS 

1ST SESSION S. 2742 

To provide for a Climate Change Worker and Community Assistance 

Program, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 5, 2009 

Mr. CASEY (for himself and Mr. BROWN) introduced the following bill; which 

was read twice and referred to the Committee on Health, Education, 

Labor, and Pensions 

A BILL 

To provide for a Climate Change Worker and Community 

Assistance Program, 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 ‘‘American Worker 

5 Transition and Community Assistance Act’’. 

6 TITLE I—WORKER TRANSITION 

7 SEC. 101. PURPOSE. 

8 The purpose of this title is to ensure that individual 

9 workers and groups of workers that are adversely affected 

10 by Federal climate change policy receive the benefits, skill 


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1 training, retraining, job matching services, and job search 

2 assistance that will enable the workers and groups to 

3 maintain self-sufficiency and obtain family-sustaining jobs 

4 that contribute to overall economic productivity, inter5 national competitiveness, and the positive quality of life 

6 expected by all individuals and their families in the United 

7 States. 

8 SEC. 102. DEFINITIONS. 

9 In this title: 

10 (1) ADVERSELY AFFECTED EMPLOYMENT.— 

11 The term ‘‘adversely affected employment’’ means 

12 employment at an employment site, at which a sig13 nificant number or proportion of the workers (as de14 termined by the Secretary) are eligible to apply for 

15 benefits described in section 107 under this title. 

16 (2) ADVERSELY AFFECTED WORKER.—The 

17 term ‘‘adversely affected worker’’ means an indi18 vidual who has been totally or partially separated 

19 from employment and is eligible to apply for benefits 

20 described in section 107 under this title. 

21 (3) AVERAGE WEEKLY WAGE.— 

22 (A) IN GENERAL.—The term ‘‘average 

23 weekly wage’’, used with respect to an individual, means 1 24 ⁄13 of the total wages paid to an 

25 individual in the quarter in which the individVerDate Nov 24 2008 04:12 Nov 06, 2009 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2742.IS S2742

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1 ual’s total wages were highest among the first 

2 4 of the last 5 completed calendar quarters im3 mediately before the quarter in which occurs 

4 the week with respect to which the computation 

5 is made. 

6 (B) COMPUTATION WEEK.—The week used 

7 for computation shall be the week in which total 

8 separation occurred, or, in cases where partial 

9 separation is claimed, an appropriate week, as 

10 defined in regulations prescribed by the Sec11 retary. 

12 (4) AVERAGE WEEKLY HOURS.—The term ‘‘av13 erage weekly hours’’, used with respect to an indi14 vidual, means the average weekly hours worked by 

15 the individual (excluding overtime) in the employ16 ment from which the individual has been separated, 

17 or the employment in which the individual is em18 ployed when the individual receives a covered notice, 

19 in the 52 weeks (excluding weeks during which the 

20 individual was sick or on vacation) preceding the 

21 week specified in paragraph (3)(B). 

22 (5) CONSUMER GOODS MANUFACTURING.—The 

23 term ‘‘consumer goods manufacturing’’ means elec24 trical equipment, appliance, and component manuVerDate Nov 24 2008 04:12 Nov 06, 2009 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2742.IS S2742

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1 facturing and transportation equipment manufac2 turing. 

3 (6) COVERED NOTICE.—The term ‘‘covered no4 tice’’ means a notice under section 3 of the Worker 

5 Adjustment and Retraining Notification Act (29 

6 U.S.C. 2102). 

7 (7) EMPLOYMENT SITE.—The term ‘‘employ8 ment site’’ means a single facility or site of employ9 ment. 

10 (8) ENERGY-INTENSIVE MANUFACTURING IN11 DUSTRIES.—The term ‘‘energy-intensive manufac12 turing industries’’ means industries that— 

13 (A) are pulp, paper and paperboard manu14 facturing, petroleum and coal products manu15 facturing, basic chemical manufacturing, pes16 ticide, fertilizer, and other agricultural chemical 

17 manufacturing, plastics and rubber products 

18 manufacturing, cement and concrete product 

19 manufacturing, or alumina and aluminum pro20 duction and processing industries; and 

21 (B) meet the energy or greenhouse gas in22 tensity criteria issued by the Administrator of 

23 the Environmental Protection Agency based on 

24 the most recent data available. 


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1 (9) ENERGY PRODUCING AND TRANSFORMING

2 INDUSTRIES.—The term ‘‘energy producing and 

3 transforming industries’’ means the coal mining, oil 

4 and gas extraction, electricity power generation, 

5 transmission, and distribution, and natural gas dis6 tribution industries. 

7 (10) FEDERAL CLIMATE CHANGE POLICY.—The 

8 term ‘‘Federal climate change policy’’ means Federal 

9 climate change policy as determined by the Adminis10 trator of the Environmental Protection Agency, after 

11 consultation with the Secretary of State. 

12 (11) INDUSTRIES DEPENDENT ON ENERGY IN13 DUSTRIES.—The term ‘‘industries dependent on en14 ergy industries’’ means agriculture, forestry, fishing 

15 and hunting, agriculture commodity production, con16 struction, air transportation, rail transportation, 

17 transit and ground passenger transportation, and 

18 pipeline transportation industries. 

19 (12) LABOR ORGANIZATION.—The term ‘‘labor 

20 organization’’ means— 

21 (A) a labor organization, as defined in sec22 tion 3 of the Labor-Management Reporting and 

23 Disclosure Act of 1959 (29 U.S.C. 402); and 

24 (B) a State or local central body, within 

25 the meaning of that section. 


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1 (13) ON-THE-JOB TRAINING.—The term ‘‘on2 the-job training’’ means training provided by an em3 ployer to an individual who is employed by the em4 ployer. 

5 (14) ONE-STOP OPERATOR, ONE-STOP PART6 NER.—The terms ‘‘one-stop operator’’ and ‘‘one-stop 

7 partner’’ have the meanings given the terms in sec8 tion 101 of the Workforce Investment Act of 1998 

9 (29 U.S.C. 2801). 

10 (15) PARTIAL SEPARATION; PARTIALLY SEPA11 RATED.—The terms ‘‘partial separation’’ and ‘‘par12 tially separated’’ refer to a situation, with respect to 

13 an individual who has not been totally separated, in 

14 which— 

15 (A) the individual’s hours of work have 

16 been reduced to 80 percent or less of the indi17 vidual’s average weekly hours; and 

18 (B) the individual’s wages have been re19 duced to 80 percent or less of the individual’s 

20 average weekly wage, in such individual’s em21 ployment. 

22 (16) PUBLIC AGENCY.—The term ‘‘public agen23 cy’’ means a department or agency of a State or po24 litical subdivision of a State or of the Federal Gov25 ernment. 


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1 (17) REGULAR, ADDITIONAL, AND EXTENDED

2 COMPENSATION.—The terms ‘‘regular compensa3 tion’’, ‘‘additional compensation’’, and ‘‘extended 

4 compensation’’ have the meanings given the terms in 

5 paragraphs (2), (3), and (4), respectively, of section 

6 205 of the Federal-State Extended Unemployment 

7 Compensation Act of 1970 (26 U.S.C. 3304 note). 

8 (18) SECRETARY.—The term ‘‘Secretary’’ 

9 means the Secretary of Labor. 

10 (19) SERVICE WORKERS.—The term ‘‘service 

11 workers’’ means workers supplying support or auxil12 iary services to an employment site. 

13 (20) STATE.—The term ‘‘State’’ includes the 

14 District of Columbia and the Commonwealth of 

15 Puerto Rico. 

16 (21) STATE AGENCY.—The term ‘‘State agen17 cy’’ means the agency of the State that administers 

18 the State law. 

19 (22) STATE LAW.—The term ‘‘State law’’ 

20 means the unemployment compensation law of the 

21 State approved by the Secretary under section 3304 

22 of the Internal Revenue Code of 1986. 

23 (23) TOTAL SEPARATION; TOTALLY SEPA24 RATED.—The terms ‘‘total separation’’ and ‘‘totally 

25 separated’’ refer to a situation, involving the layoff 


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1 or severance of an individual from employment with 

2 an employer. 

3 (24) UNEMPLOYMENT COMPENSATION.—The 

4 term ‘‘unemployment compensation’’ means the un5 employment compensation payable to an individual 

6 under any State law, or applicable Federal law, as 

7 determined by the Secretary, including chapter 85 of 

8 title 5, United States Code, and the Railroad Unem9 ployment Insurance Act (42 U.S.C. 351 et seq.). 

10 (25) UNITED STATES.—The term ‘‘United 

11 States’’, used in the geographical sense, includes the 

12 Commonwealth of Puerto Rico. 

13 (26) WEEK.—The term ‘‘week’’ means a week 

14 as defined in the applicable State law. 

15 (27) WEEK OF UNEMPLOYMENT.—The term 

16 ‘‘week of unemployment’’ means a week of total, 

17 part-total, or partial unemployment as determined 

18 by the Secretary under the applicable State law, or 

19 Federal unemployment compensation law. 

20 (28) WORKER.—The term ‘‘worker’’ means an 

21 employee, as defined in section 3 of the Fair Labor 

22 Standards Act of 1938 (29 U.S.C. 203). 


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1 SEC. 103. AUTHORIZATION OF APPROPRIATIONS. 

2 There is authorized to be appropriated to carry out 

3 this title $1,000,000,000 for fiscal year 2010 and each 

4 succeeding fiscal year. 

5 SEC. 104. CLIMATE CHANGE WORKER AND COMMUNITY AS6 SISTANCE FUND. 

7 (a) ESTABLISHMENT.—There is established in the 

8 Treasury of the United States a fund, to be known as the 

9 Climate Change Worker and Community Assistance Fund 

10 (referred to in this title as the ‘‘Fund’’), consisting of such 

11 amounts as are transferred to the Fund under subsection 

12 (b) and any interest earned on investment of amounts in 

13 the Fund under subsection (c)(2). 

14 (b) TRANSFER OF APPROPRIATED AMOUNTS.—The 

15 Secretary of the Treasury shall transfer to the Fund an 

16 amount equal to the funds appropriated under section 103 

17 for each fiscal year. 

18 (c) INVESTMENT OF FUND.— 

19 (1) IN GENERAL.— 

20 (A) INVESTMENT.—It shall be the duty of 

21 the Secretary of the Treasury to invest such 

22 portion of the Fund as is not, in the Secretary’s 

23 judgment, required to meet current with24 drawals. Such investments may be made only in 

25 interest-bearing obligations of the United States 


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1 or in obligations guaranteed as to both prin2 cipal and interest by the United States. 

3 (B) ACQUISITIONS.—For such purpose, 

4 such obligations may be acquired— 

5 (i) on original issue at the issue price; 

6 or 

7 (ii) by purchase of outstanding obliga8 tions at the market price. 

9 (C) SPECIAL OBLIGATIONS.— 

10 (i) IN GENERAL.—The purposes for 

11 which obligations of the United States may 

12 be issued under chapter 31 of title 31, 

13 United States Code, are extended to au14 thorize the issuance at par of special obli15 gations exclusively to the Fund. 

16 (ii) INTEREST.—Except as provided in 

17 clause (iii), such special obligations shall 

18 bear interest at a rate equal to the average 

19 rate of interest, computed as to the end of 

20 the calendar month next preceding the 

21 date of such issue, borne by all marketable 

22 interest-bearing obligations of the United 

23 States then forming a part of the Public 

24 Debt. 


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1 (iii) ROUNDING.—In a case in which 

2 such average rate is not a multiple of one3 eighth of 1 percent, the rate of interest of 

4 such special obligations shall be the mul5 tiple of one-eighth of 1 percent next lower 

6 than such average rate. 

7 (iv) DETERMINATION FOR

8 ISSUANCE.—Such special obligations shall 

9 be issued only if the Secretary of the 

10 Treasury determines that the purchase of 

11 other interest-bearing obligations of the 

12 United States, or of obligations guaranteed 

13 as to both principal and interest by the 

14 United States on original issue or at the 

15 market price, is not in the public interest. 

16 (2) SALE OF OBLIGATION.—Any obligation ac17 quired by the Fund (except special obligations issued 

18 exclusively to the Fund) may be sold by the Sec19 retary of the Treasury at the market price, and such 

20 special obligations may be redeemed at par plus ac21 crued interest. 

22 (3) CREDITS TO FUND.—The interest on, and 

23 the proceeds from the sale or redemption of, any ob24 ligations held in the Fund shall be credited to and 

25 form a part of the Fund. 


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1 (d) OBLIGATIONS FROM FUND.—The Secretary of 

2 Labor is authorized to obligate such sums as are available 

3 in the Fund (including any amounts not obligated in pre4 vious fiscal years) for the costs of carrying out the Pro5 gram described in this title. 

6 (e) REPORT TO CONGRESS.—It shall be the duty of 

7 the Secretary of the Treasury to hold the Fund, and (after 

8 consultation with the Secretary of Labor) to report to 

9 Congress each year on the financial condition and the re10 sults of the operations of the Fund during the preceding 

11 fiscal year and on its expected condition and operations 

12 during the next fiscal year. Such report shall be printed 

13 as both a House and Senate document of the session of 

14 the Congress to which the report is made. 

15 SEC. 105. ESTABLISHMENT OF PROGRAM. 

16 The Secretary shall establish and carry out a Climate 

17 Change Worker and Community Assistance Program, re18 ferred to in this title as the ‘‘Program’’. 

19 SEC. 106. PETITIONS, ELIGIBILITY REQUIREMENTS, AND 

20 DETERMINATIONS FOR CLIMATE CHANGE 

21 ADJUSTMENT ALLOWANCES AND RELATED 

22 BENEFITS. 

23 (a) PETITIONS.— 

24 (1) FILING.— 


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1 (A) IN GENERAL.—A petition for certifi2 cation of eligibility to apply for benefits de3 scribed in section 107 for a group of workers 

4 under this title may be filed by— 

5 (i) the group of workers; 

6 (ii) a labor organization or other duly 

7 authorized representative of the workers; 

8 or 

9 (iii) an employer of the workers, a 

10 one-stop operator, a State agency, or the 

11 State rapid response dislocated worker unit 

12 established under section 112 of such Act 

13 (29 U.S.C. 2822), on behalf of such work14 ers. 

15 (B) RECIPIENTS.—The petition shall be 

16 filed with the Secretary and, on the same date, 

17 with the Governor of the State in which the 

18 workers’ employment site is located. 

19 (2) ACTION BY GOVERNORS.—Upon receipt of a 

20 petition filed under paragraph (1), the Governor 

21 shall— 

22 (A) ensure that rapid response activities 

23 and appropriate core and intensive services (as 

24 described in section 134 of the Workforce In25 vestment Act of 1998 (29 U.S.C. 2864)) auVerDate Nov 24 2008 04:12 Nov 06, 2009 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S2742.IS S2742

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1 thorized under other applicable Federal laws (as 

2 determined by the Secretary) are made avail3 able to the workers covered by the petition to 

4 the extent authorized under such laws; and 

5 (B) assist the Secretary in the review of 

6 the petition by verifying such information and 

7 providing such other assistance as the Secretary 

8 may request. 

9 (3) ACTION BY THE SECRETARY.—Upon receipt 

10 of the petition, the Secretary shall promptly publish 

11 notice in the Federal Register and on the website of 

12 the Department of Labor that the Secretary has re13 ceived the petition and initiated an investigation. 

14 (4) HEARINGS.—If the petitioner, or any other 

15 person found by the Secretary to have a substantial 

16 interest in the proceedings involved, submits, not 

17 later than 10 days after the date of the Secretary’s 

18 publication under paragraph (3), a request for a 

19 hearing regarding the petition, the Secretary shall 

20 provide for a public hearing and afford the inter21 ested persons an opportunity to be present, to 

22 produce evidence, and to be heard. 

23 (b) ELIGIBILITY.— 

24 (1) IN GENERAL.—A group of workers shall be 

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1 igible to apply for benefits described in section 107 

2 pursuant to a petition filed under subsection (a) if— 

3 (A) the group of workers is employed in— 

4 (i) energy producing and transforming 

5 industries; 

6 (ii) industries dependent upon energy 

7 industries; 

8 (iii) energy-intensive manufacturing 

9 industries; 

10 (iv) consumer goods manufacturing 

11 industries; or 

12 (v) other industries whose employment 

13 the Secretary determines has been ad14 versely affected employment due to Federal 

15 climate change policy; 

16 (B) the Secretary determines that a sig17 nificant number or proportion of the workers at 

18 the employment site of the group of workers 

19 have become totally or partially separated from 

20 employment, or have received a covered notice 

21 relating to becoming totally or partially sepa22 rated from employment; and 

23 (C) a decrease occurs in the sales, produc24 tion, or delivery of goods or services from that 


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1 employment site as a result of any requirement 

2 of Federal climate change policy, including— 

3 (i) a situation in which a shift from 

4 reliance upon fossil fuels to other sources 

5 of energy, including renewable energy, oc6 curs that results in the closing of a facility 

7 or layoff of workers at a facility that 

8 mines, produces, processes, or utilizes fos9 sil fuels to generate electricity; 

10 (ii) a situation in which a substantial 

11 increase occurs in the cost of energy re12 quired for a manufacturing facility to 

13 produce items whose prices are competitive 

14 in the marketplace; or 

15 (iii) another documented occurrence 

16 that the Secretary determines is an indi17 cator of an adverse impact on an industry 

18 described in subparagraph (A) as a result 

19 of any requirement of Federal climate 

20 change policy. 

21 (2) WORKERS IN PUBLIC AGENCIES.—A group 

22 of workers in a public agency shall be certified by 

23 the Secretary as eligible to apply for benefits de24 scribed in section 107 pursuant to a petition filed if 

25 the Secretary determines that a significant number 


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1 or proportion of the workers in the public agency 

2 have become totally or partially separated from em3 ployment, or have received a covered notice relating 

4 to becoming totally or partially separated from em5 ployment as a result of any requirement of Federal 

6 climate change policy. 

7 (3) ADVERSELY AFFECTED SERVICE WORK8 ERS.—A group of service workers shall be certified 

9 by the Secretary as eligible to apply for benefits de10 scribed in section 107 pursuant to a petition filed if 

11 the Secretary determines that— 

12 (A) a significant number or proportion of 

13 the service workers at an employment site 

14 where a group of workers has been certified by 

15 the Secretary as eligible to apply for benefits 

16 described in section 107 pursuant to paragraph 

17 (1), have become totally or partially separated 

18 from employment, or have received a covered 

19 notice relating to becoming totally or partially 

20 separated from employment; and 

21 (B) a loss of business for the business pro22 viding service workers to the employment site is 

23 directly attributable to 1 or more of the docu24 mented occurrences listed in paragraph (1)(C). 


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1 (c) AUTHORITY TO INVESTIGATE AND COLLECT IN2 FORMATION.— 

3 (1) IN GENERAL.—The Secretary shall, in de4 termining whether to certify a group of workers 

5 under subsection (d), obtain information the Sec6 retary determines to be necessary to make the cer7 tification, through questionnaires and in such other 

8 manner as the Secretary determines appropriate, 

9 from— 

10 (A) the workers’ employer; 

11 (B) officials of labor organizations or other 

12 duly authorized representatives of the workers; 

13 or 

14 (C) one-stop operators or one-stop part15 ners. 

16 (2) VERIFICATION OF INFORMATION.—The Sec17 retary shall require an employer, labor organization 

18 (or other duly authorized representative of the work19 ers), or one-stop operator or partner to certify all in20 formation that the Secretary obtains under para21 graph (1) from the employer, labor organization (or 

22 other duly organized representative), or one-stop op23 erator or partner (as the case may be) and on which 

24 the Secretary relies in making a determination 

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1 sonable basis for determining that such information 

2 is accurate and complete without being certified. 

3 (3) PROTECTION OF CONFIDENTIAL INFORMA4 TION.—The Secretary may not release information 

5 obtained under paragraph (1) that the Secretary 

6 considers to be confidential business information un7 less the employer submitting the confidential busi8 ness information had notice, 2 weeks prior to the re9 lease involved, that the information would be re10 leased by the Secretary, or the employer subse11 quently consents to the release of the information. 

12 Nothing in this paragraph shall be construed to pro13 hibit the Secretary from providing such confidential 

14 business information to a court in camera or to an15 other party under a protective order issued by a 

16 court. 

17 (d) DETERMINATION BY THE SECRETARY OF

18 LABOR.— 

19 (1) CERTIFICATION.— 

20 (A) IN GENERAL.—As soon as possible 

21 after the date on which a petition is filed under 

22 subsection (a), but in any event not later than 

23 40 days after that date, the Secretary, in con24 sultation with the Secretary of Energy and the 

25 Administrator of the Environmental Protection 


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1 Agency, as necessary, shall determine whether 

2 the petitioning group (or the group of workers 

3 covered by the petition) meets the requirements 

4 of subsection (b), and shall issue a certification 

5 of eligibility, to apply for assistance under this 

6 title, covering workers in any group that meets 

7 such requirements. Each certification shall 

8 specify the date on which the total or partial 

9 separation involved began or (if the workers re10 ceived a covered notice relating to such a sepa11 ration) the date on which the separation is to 

12 begin. 

13 (B) PUBLICATION.—Upon reaching a de14 termination on such a petition, the Secretary of 

15 Labor shall promptly publish a summary of the 

16 determination in the Federal Register and on 

17 the website of the Department of Labor, to18 gether with the Secretary’s reasons for making 

19 such determination. 

20 (C) ADVERSELY AFFECTED EMPLOY21 MENT.—In issuing a certification for the group, 

22 the Secretary determines that the employment 

23 of members of the group is adversely affected 

24 employment. 


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1 (2) ONE-YEAR LIMITATION.—A certification 

2 under this section shall not apply to any worker 

3 whose last total or partial separation from employ4 ment at the employment site involved, before the 

5 worker’s application under subsection (a), occurred 

6 more than 1 year before the date of the petition for 

7 which such certification was granted. 

8 (3) REVOCATION OF CERTIFICATION.—When9 ever the Secretary determines, with respect to any 

10 certification under this section of eligibility of the 

11 workers at an employment site, that total or partial 

12 separations of the workers from employment at such 

13 site are no longer a result of the factors specified in 

14 subsection (b)(1), the Secretary shall terminate the 

15 certification and promptly publish a notice of such 

16 termination in the Federal Register and on the 

17 website of the Department of Labor, together with 

18 the Secretary’s reasons for making such determina19 tion. Such termination shall apply only with respect 

20 to total or partial separations occurring after the 

21 termination date specified by the Secretary. 

22 (4) NOTIFICATION OF GOVERNORS BY SEC23 RETARY.—As soon as practicable after making a de24 termination under this subsection that a group of 

25 workers in a State is eligible for benefits under this 


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1 title, the Secretary shall notify the Governor of the 

2 State in which the group is located of the determina3 tion. 

4 (e) INDUSTRY NOTIFICATION OF ASSISTANCE.— 

5 Upon making a determination under subsection (d)(1) 

6 with respect to a domestic industry, the Secretary shall— 

7 (1) notify the representatives of the domestic 

8 industry affected by the determination, employers 

9 publicly identified by name during the course of the 

10 proceeding relating to the determination, and labor 

11 organization (or other duly recognized representa12 tive) of workers employed by employers in the do13 mestic industry, of— 

14 (A) the adjustment allowances, training, 

15 and other benefits available under this title; 

16 (B) the requirements and procedures for 

17 filing a petition and applying for such benefits; 

18 and 

19 (C) the availability of assistance in filing 

20 such petitions; 

21 (2) notify the Governor of each State in which 

22 1 or more employers in such industry are located of 

23 the Secretary’s determination and the identity of the 

24 employers; and 


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1 (3) upon request, provide any assistance that is 

2 necessary to file a petition under subsection (a). 

3 (f) BENEFIT INFORMATION TO WORKERS, PRO4 VIDERS OF TRAINING.— 

5 (1) IN GENERAL.— 

6 (A) INFORMATION AND ASSISTANCE TO

7 WORKERS.—The Secretary shall provide full in8 formation to workers about the adjustment al9 lowances, training, and other benefits available 

10 under this title and about the petition and ap11 plication procedures, and the appropriate filing 

12 dates, for such allowances, training, and bene13 fits. The Secretary shall provide whatever as14 sistance is necessary to enable groups of work15 ers to prepare petitions or applications for Pro16 gram benefits. 

17 (B) COMPLIANCE BY STATES.—The Sec18 retary shall make every effort to insure that co19 operating States and cooperating State agencies 

20 (as described in section 108(a)) fully comply 

21 with the agreements entered into under section 

22 108(a) and shall periodically review such com23 pliance. 

24 (C) INFORMATION ON CERTIFICATIONS.— 

25 The Secretary shall inform the eligible agency 


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1 (as defined in section 3 of the Carl D. Perkins 

2 Career and Technical Education Act of 2006 

3 (20 U.S.C. 2302)), the one-stop operators or 

4 one-stop partners involved, and other public or 

5 private agencies, institutions, and employers, as 

6 appropriate, of each certification issued under 

7 subsection (d) and of projections, if available, of 

8 the needs for training as a result of such cer9 tification. 

10 (2) NOTICE BY MAIL.—The Secretary shall pro11 vide written notice through the mail of the benefits 

12 available under this title to each worker whom the 

13 Secretary has reason to believe is covered by a cer14 tification made under subsection (d)— 

15 (A) at the time such certification is made, 

16 if the worker was partially or totally separated 

17 from the adversely affected employment in18 volved before such certification; or 

19 (B) at the time of the total or partial sepa20 ration of the worker from the adversely affected 

21 employment, if subparagraph (A) does not 

22 apply. 

23 (3) NEWSPAPERS; WEBSITE.—The Secretary 

24 shall publish notice of the benefits available under 

25 this title to workers covered by each certification 


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1 made under subsection (d) in newspapers of general 

2 circulation in the areas in which such workers reside 

3 and shall make such information available on the 

4 website of the Department of Labor. 

5 SEC. 107. PROGRAM BENEFITS. 

6 (a) CLIMATE CHANGE ADJUSTMENT ALLOWANCE.— 

7 (1) ELIGIBILITY.—The Secretary (or a cooper8 ating State agency, acting through an agreement de9 scribed in section 108(a)) shall pay a climate change 

10 adjustment allowance to an adversely affected work11 er covered by a certification under section 106(d) 

12 who files an application for the adjustment allow13 ance for any week of unemployment that begins on 

14 or after the date of the certification, if each of the 

15 following conditions are met: 

16 (A) The worker’s total or partial separa17 tion before the worker’s application under this 

18 title occurred— 

19 (i) on or after the date, as specified in 

20 the certification under which the worker is 

21 covered, on which total or partial separa22 tion began or (if the workers covered by 

23 the certification received a covered notice 

24 relating to such a separation) on which the 


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1 separation was to begin, in the adversely 

2 affected employment; 

3 (ii) before the expiration of the 2-year 

4 period beginning on the date on which the 

5 determination under section 106(d) was 

6 made; and 

7 (iii) before the termination date, if 

8 any, determined pursuant to section 

9 106(d)(3). 

10 (B) The worker had, in the 52-week period 

11 ending with the week in which the worker’s 

12 total or partial separation began, at least 26 

13 weeks of full-time employment or 1,040 hours 

14 of part-time employment (or, if data with re15 spect to weeks of employment are not available, 

16 equivalent amounts of employment computed 

17 under regulations prescribed by the Secretary) 

18 in employment that has been determined to be 

19 adversely affected employment. For the pur20 poses of this subparagraph, any week in which 

21 the worker— 

22 (i) is on employer-authorized leave for 

23 purposes of vacation, sickness, injury, or 

24 inactive duty or active duty military service 


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1 for training, or employer-authorized family 

2 and medical leave; 

3 (ii) does not work because of a dis4 ability that is compensable under a work5 er’s compensation law or plan of a State or 

6 the United States; 

7 (iii) had the worker’s employment in8 terrupted in order to serve as a full-time 

9 representative of a labor organization for, 

10 or another duly authorized representatives 

11 of, workers employed by the employer in12 volved; 

13 (iv) is a Reserve on active duty in the 

14 Armed Forces, which duty is Federal serv15 ice for purposes of subchapter II of chap16 ter 85 of title 5, United States Code; or 

17 (v) was separated from employment 

18 because of a lockout or other similar action 

19 initiated by the employer, 

20 shall be treated as a week of employment and 

21 an individual who was separated from employ22 ment as described in clause (v) shall be treated 

23 as an individual who has been totally or par24 tially separated from such employment because 


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1 of a lack of work in adversely affected employ2 ment. 

3 (C) The worker is enrolled in a training 

4 program approved by the Secretary under sub5 section (b)(2). 

6 (2) INELIGIBILITY FOR CERTAIN OTHER BENE7 FITS.—An adversely affected worker receiving a cli8 mate change adjustment allowance under this sec9 tion shall be ineligible to receive any other form of 

10 unemployment compensation for the period for 

11 which such worker is receiving a climate change ad12 justment allowance under this section. 

13 (3) REVOCATION.—If— 

14 (A) the Secretary determines that— 

15 (i) the adversely affected worker— 

16 (I) has failed to begin participa17 tion in the training program in which 

18 the worker is required to enroll under 

19 paragraph (1)(C); or 

20 (II) has ceased to participate in 

21 such training program before com22 pleting such training program; and 

23 (ii) there is no justifiable cause for 

24 such failure or cessation; or 


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1 (B) the certification made with respect to 

2 such worker under section 106(d) is revoked 

3 under paragraph (3) of such section, 

4 no adjustment allowance may be paid to the ad5 versely affected worker under this title for the week 

6 in which such failure, cessation, or revocation oc7 curred, or any succeeding week, until the adversely 

8 affected worker begins or resumes participation in a 

9 training program approved by the Secretary under 

10 section (b)(2). 

11 (4) WAIVERS OF TRAINING REQUIREMENTS.— 

12 The Secretary may issue a written statement to an 

13 adversely affected worker waiving the requirement of 

14 paragraph (1)(C) to be enrolled in training described 

15 in subsection (b)(2) if the Secretary determines that 

16 it is not feasible or appropriate for the worker to 

17 participate in the training, because of 1 or more of 

18 the following reasons: 

19 (A) RECALL.—The worker has been noti20 fied that the worker will be recalled by the em21 ployer that employed the worker on the date of 

22 the separation. 

23 (B) MARKETABLE SKILLS.— 

24 (i) IN GENERAL.—The worker pos25 sesses marketable skills for suitable emVerDate Nov 24 2008 04:12 Nov 06, 2009 Jkt 089200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S2742.IS S2742

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1 ployment (as determined pursuant to an 

2 assessment of the worker, which may in3 clude an assessment under the profiling 

4 system under section 303(j) of the Social 

5 Security Act (42 U.S.C. 503(j)), carried 

6 out in accordance with guidelines issued by 

7 the Secretary) and there is a reasonable 

8 expectation that the worker will be em9 ployed at equivalent wages in the foresee10 able future. 

11 (ii) MARKETABLE SKILLS DEFINED.— 

12 For purposes of clause (i), the term ‘‘pos13 sesses marketable skills’’ may include the 

14 possession of a postgraduate degree from 

15 an institution of higher education (as de16 fined in section 102 of the Higher Edu17 cation Act of 1965 (20 U.S.C. 1002)) or 

18 an equivalent institution, or the possession 

19 of an equivalent postgraduate certification 

20 in a specialized field. 

21 (C) RETIREMENT.—The worker is within 2 

22 years of meeting all requirements for entitle23 ment to— 

24 (i) old-age insurance benefit payments 

25 under title II of the Social Security Act 


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1 (42 U.S.C. 401 et seq.) (except for applica2 tion for such benefits); or 

3 (ii) a private pension sponsored by an 

4 employer or labor organization (or another 

5 duly authorized representative of such 

6 workers). 

7 (D) HEALTH.—The worker is unable to 

8 participate in training due to the health of the 

9 worker, except that a waiver on the basis of this 

10 subparagraph shall not be construed to exempt 

11 a worker from requirements relating to the 

12 availability for work, active search for work, or 

13 refusal to accept work under Federal or State 

14 unemployment compensation laws. 

15 (E) ENROLLMENT UNAVAILABLE.—The 

16 first available enrollment date for the training 

17 of the worker is within 60 days after the date 

18 of the determination made under this para19 graph, or, if later, there are extenuating cir20 cumstances for the delay in enrollment, as de21 termined pursuant to guidelines issued by the 

22 Secretary. 

23 (F) TRAINING NOT AVAILABLE.—Training 

24 described in subsection (b)(2) is not reasonably 

25 available to the worker from either governVerDate Nov 24 2008 04:12 Nov 06, 2009 Jkt 089200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S2742.IS S2742

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1 mental agencies or private sources (which may 

2 include area career and technical education 

3 schools, as defined in section 3 of the Carl D. 

4 Perkins Career and Technical Education Act of 

5 2006 (20 U.S.C. 2302), and employers), no 

6 such training that is suitable for the worker is 

7 available at a reasonable cost, or no training 

8 funds are available for such training. 

9 (5) WEEKLY AMOUNTS.—The climate change 

10 adjustment allowance payable to an adversely af11 fected worker under this subsection for a week of 

12 unemployment shall be an amount equal to 70 per13 cent of the average weekly wage of such worker, but 

14 in no case shall such allowance exceed the average 

15 weekly wage for all workers in the State where the 

16 adversely affected worker resides. 

17 (6) MAXIMUM DURATION OF BENEFITS.—An el18 igible worker may receive a climate change adjust19 ment allowance under this subsection for a period of 

20 not more than 156 weeks. 

21 (b) EMPLOYMENT SERVICES AND TRAINING.— 

22 (1) INFORMATION AND EMPLOYMENT SERV23 ICES.—The Secretary shall make available, directly 

24 or through agreements with cooperating States or 

25 cooperating State agencies under section 108(a), to 


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1 adversely affected workers covered by a certification 

2 under section 106(d) the following information and 

3 employment services: 

4 (A) Comprehensive and specialized assess5 ment of skill levels and service needs, including 

6 through— 

7 (i) diagnostic testing and use of other 

8 assessment tools; and 

9 (ii) in-depth interviewing and evalua10 tion to identify employment barriers and 

11 appropriate employment goals. 

12 (B) Development of an individual employ13 ment plan to identify employment goals and ob14 jectives, and appropriate training to achieve 

15 those goals and objectives. 

16 (C) Information on training available in 

17 local and regional areas, information on indi18 vidual counseling to determine which training is 

19 suitable training, and information on how to 

20 apply for such training. 

21 (D) Information on training programs and 

22 other services provided by a State pursuant to 

23 title I of the Workforce Investment Act of 1998 

24 (29 U.S.C. 2801 et seq.) and available in local 

25 and regional areas, information on individual 


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1 counseling to determine which training is suit2 able training, and information on how to apply 

3 for such training. 

4 (E) Information on how to apply for finan5 cial aid, including referring workers to edu6 cational opportunity centers described in section 

7 402F of the Higher Education Act of 1965 (20 

8 U.S.C. 1070a–16), where applicable, and noti9 fying workers that the workers may request fi10 nancial aid administrators at institutions of 

11 higher education (as defined in section 102 of 

12 such Act (20 U.S.C. 1002)) to use the adminis13 trators’ discretion under section 479A of such 

14 Act (20 U.S.C. 1087tt) to use current year in15 come data, rather than preceding year income 

16 data, for determining the amount of need of the 

17 workers for Federal financial assistance under 

18 title IV of such Act (20 U.S.C. 1070 et seq.). 

19 (F) Short-term prevocational services, in20 cluding development of learning skills, commu21 nications skills, interviewing skills, punctuality, 

22 personal maintenance skills, and professional 

23 conduct to prepare individuals for employment 

24 or training. 


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1 (G) Individual career counseling, including 

2 job search and placement counseling, during the 

3 period in which the worker involved is receiving 

4 a benefit under this title, and (if the worker re5 ceives training under this title) after receiving 

6 such training for purposes of job placement. 

7 (H) Provision of employment statistics in8 formation, including the provision of accurate 

9 information relating to local, regional, and na10 tional labor market areas, including— 

11 (i) job vacancy listings in the labor 

12 market areas; 

13 (ii) information on jobs skills nec14 essary to obtain jobs identified in job va15 cancy listings described in clause (i); 

16 (iii) information relating to local occu17 pations that are in demand and earnings 

18 potential of such occupations; and 

19 (iv) skills requirements for local occu20 pations described in clause (iii). 

21 (I) Information relating to the availability 

22 of supportive services, including services relat23 ing to child care, transportation, dependent 

24 care, housing assistance, and need-related pay25 ments that are necessary to enable an indiVerDate Nov 24 2008 04:12 Nov 06, 2009 Jkt 089200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S2742.IS S2742

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1 vidual to participate in training described in 

2 paragraph (2). 

3 (2) TRAINING.— 

4 (A) APPROVAL OF AND PAYMENT FOR

5 TRAINING.— 

6 (i) APPROVAL.—The Secretary (or a 

7 cooperating State agency) shall approve 

8 training for an adversely affected worker, 

9 if the Secretary (or agency) determines, 

10 with respect to the worker, that— 

11 (I) there is no suitable employ12 ment (which may include technical 

13 and professional employment) avail14 able for an adversely affected worker; 

15 (II) the worker would benefit 

16 from appropriate training; 

17 (III) there is a reasonable expec18 tation of employment following com19 pletion of such training; 

20 (IV) training approved by the 

21 Secretary (or State or agency) is rea22 sonably available to the worker from 

23 either governmental agencies or pri24 vate sources (including area career 

25 and technical education schools, as deVerDate Nov 24 2008 04:12 Nov 06, 2009 Jkt 089200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S2742.IS S2742

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1 fined in section 3 of the Carl D. Per2 kins Career and Technical Education 

3 Act of 2006 (20 U.S.C. 2302), and 

4 employers); 

5 (V) the worker is qualified to un6 dertake and complete such training; 

7 and 

8 (VI) such training is suitable for 

9 the worker and available at a reason10 able cost. 

11 (ii) PAYMENT.—Upon such approval, 

12 the worker shall be entitled to have pay13 ment of the costs of such training (subject 

14 to the limitations imposed by this section) 

15 paid on the worker’s behalf by the Sec16 retary (or cooperating State agency) di17 rectly or through a voucher system. 

18 (B) DISTRIBUTION.—The Secretary shall 

19 establish procedures for the distribution of 

20 funds to States to carry out the training pro21 grams approved under this paragraph, and shall 

22 make an initial distribution of the funds made 

23 available to carry out this paragraph as soon as 

24 practicable after the beginning of each fiscal 

25 year. 


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1 (C) ADDITIONAL RULE REGARDING AP2 PROVAL OF TRAINING.—For purposes of apply3 ing subparagraph (A)(i)(III), a reasonable ex4 pectation of employment does not require that 

5 employment opportunities for a worker be avail6 able, or offered, immediately upon the comple7 tion of training approved under subparagraph 

8 (A). 

9 (D) ADDITIONAL RULES REGARDING PAY10 MENT FOR TRAINING.— 

11 (i) NO LATER PAYMENT FOR SAME

12 COSTS.—If the costs of training an ad13 versely affected worker are paid by the 

14 Secretary (or cooperating State agency) 

15 under subparagraph (A), no other payment 

16 for such costs may be made under any 

17 other provision of Federal law. 

18 (ii) NO PRIOR PAYMENT FOR SAME

19 COSTS.—No payment may be made under 

20 subparagraph (A) for the costs of training 

21 an adversely affected worker (including an 

22 adversely affected incumbent worker) if the 

23 costs— 

24 (I) have already been paid under 

25 any other provision of Federal law; or 


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1 (II) are reimbursable under any 

2 other provision of Federal law and a 

3 portion of such costs has already been 

4 paid under such other provision of 

5 Federal law. 

6 (iii) EXCEPTION.—The provisions of 

7 this subparagraph shall not apply to, or 

8 take into account, any funds provided 

9 under any other provision of Federal law 

10 that are used for any purpose other than 

11 the direct payment of the costs incurred in 

12 training, under this paragraph, a par13 ticular adversely affected worker, even if 

14 such use has the effect of indirectly paying 

15 or reducing any portion of the costs in16 volved in training the adversely affected 

17 worker. 

18 (E) TRAINING PROGRAMS.—The training 

19 programs that may be approved under subpara20 graph (A) include— 

21 (i) an employer-based training pro22 gram, including— 

23 (I) an on-the-job training pro24 gram if approved by the Secretary (or 


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1 a cooperating State agency) under 

2 subsection (c); and 

3 (II) joint labor-management ap4 prenticeship programs; 

5 (ii) any training program provided by 

6 a State pursuant to title I of the Work7 force Investment Act of 1998 (29 U.S.C. 

8 2801 et seq.), including each program pro9 viding training services under chapter 5 of 

10 subtitle B of that title (29 U.S.C. 2861 et 

11 seq.); 

12 (iii) any programs in career and tech13 nical education, as defined in section 3 of 

14 the Carl D. Perkins Career and Technical 

15 Education Act of 2006 (20 U.S.C. 2302); 

16 (iv) any program of remedial edu17 cation; 

18 (v) any program of prerequisite edu19 cation or coursework required to enroll in 

20 training that may be approved under this 

21 paragraph; 

22 (vi) any training program for which 

23 all, or any portion, of the costs of training 

24 the worker involved are paid— 


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1 (I) under any Federal or State 

2 program other than this title; or 

3 (II) from any source other than 

4 funds made available under this title; 

5 (vii) any training program or program 

6 of coursework at an accredited institution 

7 of higher education (as defined in section 

8 102 of the Higher Education Act of 1965 

9 (20 U.S.C. 1002)), including a training 

10 program or program of coursework for the 

11 purpose of— 

12 (I) obtaining a degree or certifi13 cation; or 

14 (II) completing a degree or cer15 tification that the worker had pre16 viously begun at such an accredited 

17 institution of higher education; and 

18 (viii) any other training program de19 termined by the Secretary to be appro20 priate. 

21 (3) SUPPLEMENTAL ASSISTANCE.—The Sec22 retary (or a cooperating State agency) may, as ap23 propriate, authorize supplemental assistance that is 

24 necessary to defray reasonable transportation and 

25 subsistence expenses for separate maintenance in a 


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1 case in which training under paragraph (2) for a 

2 worker is provided in a facility that is not within 

3 commuting distance of the regular place of residence 

4 of the worker. 

5 (c) ON-THE-JOB TRAINING REQUIREMENTS.— 

6 (1) IN GENERAL.—The Secretary (or a cooper7 ating State agency) may approve on-the-job training 

8 for an adversely affected worker if— 

9 (A) the Secretary determines that the on10 the-job training— 

11 (i) can reasonably be expected to lead 

12 to suitable employment with the employer 

13 offering the on-the-job training; 

14 (ii) is compatible with the skills of the 

15 worker; 

16 (iii) includes a curriculum through 

17 which the worker will gain the knowledge 

18 or skills to become proficient in the job for 

19 which the worker is being trained; and 

20 (iv) can be measured by benchmarks 

21 that indicate whether the worker is gaining 

22 such knowledge or skills; and 

23 (B) the State involved determines that the 

24 on-the-job training program meets the requireVerDate Nov 24 2008 04:12 Nov 06, 2009 Jkt 089200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S2742.IS S2742

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1 ments of clauses (iii) and (iv) of subparagraph 

2 (A). 

3 (2) MONTHLY PAYMENTS.—The Secretary (or a 

4 cooperating State agency) shall pay the costs of on5 the-job training approved under paragraph (1) in 

6 monthly installments. 

7 (3) CONTRACTS FOR ON-THE-JOB TRAINING.— 

8 (A) IN GENERAL.—The Secretary (or a co9 operating State agency) shall ensure, in enter10 ing into a contract with an employer to provide 

11 on-the-job training to a worker under this sub12 section, that the skill requirements of the job 

13 for which the worker is being trained, the aca14 demic and occupational skill level of the worker, 

15 and the work experience of the worker are 

16 taken into consideration. 

17 (B) TERM OF CONTRACT.—Training under 

18 any such contract shall be limited to the period 

19 of time required for the worker receiving on20 the-job training to become proficient in the job 

21 for which the worker is being trained, but may 

22 not exceed 156 weeks in any case. 

23 (4) EXCLUSION OF CERTAIN EMPLOYERS.—The 

24 Secretary (or a cooperating State agency) shall not 

25 enter into a contract for on-the-job training under 


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1 this subsection with an employer that exhibits a pat2 tern of failing to provide workers receiving such on3 the-job training from the employer with— 

4 (A) continued, long-term employment as 

5 regular workers; and 

6 (B) wages, benefits, and working condi7 tions that are equivalent to the wages, benefits, 

8 and working conditions provided to regular 

9 workers who have worked a similar period of 

10 time and are doing the same type of work as 

11 the workers receiving on-the-job training from 

12 the employer. 

13 (d) ADMINISTRATIVE AND EMPLOYMENT SERVICES

14 FUNDING.— 

15 (1) ADMINISTRATIVE FUNDING.—In addition to 

16 any funds made available to a State to carry out 

17 title I of the Workforce Investment Act of 1998 (29 

18 U.S.C. 2801 et seq.) for a fiscal year, the Secretary 

19 shall ensure that the State receives for the fiscal 

20 year a payment in an amount that is equal to 15 

21 percent of the amount of such funds, for the admin22 istration of the Program. 

23 (2) INFORMATION AND EMPLOYMENT SERVICES

24 FUNDING.— 


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1 (A) IN GENERAL.—In addition to any 

2 funds made available to a State to carry out the 

3 Workforce Investment Act of 1998 and make 

4 the payment under paragraph (1) for a fiscal 

5 year, the Secretary shall provide to the State 

6 for the fiscal year a reasonable payment for the 

7 purpose of providing information and employ8 ment services under subsection (b)(1). 

9 (B) VOLUNTARY RETURN OF FUNDS.—A 

10 State that receives a payment under subpara11 graph (A) may decline or otherwise return such 

12 payment to the Secretary. 

13 (e) JOB SEARCH ALLOWANCES.— 

14 (1) IN GENERAL.—The Secretary (or a cooper15 ating State agency) may provide to adversely af16 fected workers a one-time job search allowance in 

17 accordance with regulations prescribed by the Sec18 retary. 

19 (2) CIRCUMSTANCES AND CONDITIONS.—Any 

20 job search allowance provided under this subsection 

21 shall be available only if each of the following cir22 cumstances and conditions occur: 

23 (A) INELIGIBILITY; COMPLETION OF

24 TRAINING.—The worker is no longer eligible for 

25 the climate change adjustment allowance under 


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1 subsection (a) and has completed the training 

2 program required by subsection (a)(1)(C). 

3 (B) NO EXPECTATION OF SUITABLE EM4 PLOYMENT.—The Secretary (or cooperating 

5 State agency) determines that the worker can6 not reasonably be expected to secure suitable 

7 employment in the commuting area in which 

8 the worker resides. 

9 (C) USE OF FUNDS.—A worker that re10 ceives a job search allowance under this sub11 section may use that allowance as reimburse12 ment for all necessary job search expenses as 

13 prescribed by the Secretary in regulations. The 

14 allowance provided under this subsection may 

15 not exceed $1,500 for any worker. 

16 (f) RELOCATION ALLOWANCE AUTHORIZED.— 

17 (1) IN GENERAL.—Any adversely affected work18 er covered by a certification issued under section 

19 106(d) may file an application for a relocation allow20 ance with the Secretary (or a cooperating State 

21 agency), and the Secretary (or State or agency) may 

22 grant the relocation allowance, subject to the terms 

23 and conditions of this subsection. 


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1 (2) CONDITIONS FOR GRANTING ALLOWANCE.— 

2 The relocation allowance may be granted if all of the 

3 following terms and conditions are met: 

4 (A) ASSIST AN ADVERSELY AFFECTED

5 WORKER.—The relocation allowance will assist 

6 an adversely affected worker in relocating with7 in the United States. 

8 (B) LOCAL EMPLOYMENT NOT AVAIL9 ABLE.—The Secretary (or cooperating State 

10 agency) determines that the worker cannot rea11 sonably be expected to secure suitable employ12 ment in the commuting area in which the work13 er resides. 

14 (C) TOTAL SEPARATION.—The worker is 

15 totally separated from employment at the time 

16 the relocation commences. 

17 (D) SUITABLE EMPLOYMENT OBTAINED.— 

18 The worker— 

19 (i) has obtained suitable employment 

20 affording a reasonable expectation of long21 term employment in the area in which the 

22 worker wishes to relocate; or 

23 (ii) has obtained a bona fide offer of 

24 employment described in clause (i). 


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1 (E) APPLICATION.—The worker filed an 

2 application with the Secretary (or cooperating 

3 State agency) at such time and in such manner 

4 as the Secretary shall specify by regulation. 

5 (3) AMOUNT OF ALLOWANCE.—The relocation 

6 allowance granted to a worker under paragraph (1) 

7 shall include— 

8 (A) payment for all reasonable and nec9 essary expenses (including subsistence and 

10 transportation expenses at levels not exceeding 

11 amounts prescribed by the Secretary in regula12 tions) incurred in transporting the worker, the 

13 worker’s family, and household effects for the 

14 relocation; and 

15 (B) a lump sum equivalent to 3 times the 

16 worker’s average weekly wage, up to a max17 imum payment of $1,500. 

18 (4) LIMITATIONS.—A relocation allowance may 

19 not be granted under this subsection to a worker un20 less— 

21 (A) the relocation occurs within 182 days 

22 after the filing of the application for relocation 

23 assistance; or 

24 (B) the relocation occurs within 182 days 

25 after the conclusion of training, if the worker 


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•S 2742 IS

1 entered a training program approved by the 

2 Secretary (or cooperating State agency) under 

3 subsection (b)(2). 

4 (g) HEALTH INSURANCE COVERAGE.—Not later than 

5 1 year after the date of enactment of this Act, the Sec6 retary shall prescribe regulations to enable the Secretary 

7 (or a cooperating State agency) to provide for an adversely 

8 affected worker, for each month in the period in which 

9 the worker is participating in a training program de10 scribed in subsection (b)(2), a health insurance allowance. 

11 The monthly allowance shall be 80 percent of the monthly 

12 premium for any health insurance coverage that the work13 er was receiving from the worker’s employer prior to the 

14 worker’s separation from employment referred to in the 

15 worker’s application described in subsection (a)(1). The 

16 allowance shall be paid to any health insurance plan des17 ignated by the worker. 

18 (h) PAYMENTS TO RETIREMENT PLANS.—Not later 

19 than 1 year after the date of enactment of this Act, the 

20 Secretary shall prescribe regulations to enable the Sec21 retary (or a cooperating State agency) to provide for lump 

22 sum payments from the Fund to retirement plans for in23 dustries that have experienced mass layoffs (within the 

24 meaning of section 101 of the Workforce Investment Act 


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•S 2742 IS

1 of 1998 (29 U.S.C. 2801)) due to Federal climate change 

2 policy. 

3 SEC. 108. GENERAL PROVISIONS. 

4 (a) AGREEMENTS WITH STATES.— 

5 (1) IN GENERAL.— 

6 (A) IN GENERAL.—The Secretary is au7 thorized on behalf of the United States to enter 

8 into an agreement with any State, or with any 

9 State agency (referred to in this title as a ‘‘co10 operating State’’ and a ‘‘cooperating State 

11 agency’’, respectively). 

12 (B) RESPONSIBILITIES.—Under such an 

13 agreement, the cooperating State agency of the 

14 State involved— 

15 (i) as agent of the United States, 

16 shall receive applications for and provide 

17 payments for benefits described in section 

18 107 on the basis provided in this title; 

19 (ii) in accordance with paragraph (6), 

20 shall make available to adversely affected 

21 workers covered by a certification under 

22 section 106(d) the information and em23 ployment services described in section 

24 107(b)(1); and 


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1 (iii) shall otherwise cooperate with the 

2 Secretary and with other State and Fed3 eral agencies in providing payments and 

4 services under this title. 

5 (C) AMENDMENT; SUSPENSION; TERMI6 NATION.—Each agreement under this section 

7 shall provide the terms and conditions upon 

8 which the agreement may be amended, sus9 pended, or terminated. 

10 (2) FORM AND MANNER OF DATA.—Each 

11 agreement under this section shall— 

12 (A) provide the Secretary with the author13 ity to collect any data the Secretary determines 

14 necessary to meet the requirements of this title, 

15 including authority for the Secretary to require 

16 that a State collect such data and report it to 

17 the Secretary; and 

18 (B) specify the form and manner in which 

19 any such data required by the Secretary shall 

20 be reported. 

21 (3) RELATIONSHIP TO UNEMPLOYMENT COM22 PENSATION.—Each agreement under this section 

23 shall provide that an adversely affected worker re24 ceiving a climate change adjustment allowance under 

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1 pensation otherwise payable to such worker under 

2 the laws of the State. 

3 (4) REVIEW.—A determination by a cooper4 ating State agency with respect to a worker’s entitle5 ment to Program benefits under the agreement shall 

6 be subject to review in the same manner and to the 

7 same extent as a determination under the applicable 

8 State law (and only in that manner and to that ex9 tent). 

10 (5) COORDINATION.—Any agreement entered 

11 into under this subsection shall provide for the co12 ordination of the administration of the information 

13 and employment services, training, and supplemental 

14 assistance provided under subsections (b), (c), and 

15 (e) through (h) of section 107 and the services pro16 vided under title I of the Workforce Investment Act 

17 of 1998 (29 U.S.C. 2801 et seq.) on such terms and 

18 under such conditions as are established by the Sec19 retary in consultation with the States and set forth 

20 in such agreement. Any agency of the State jointly 

21 administering such information, services, training, 

22 and supplemental assistance under such agreement 

23 shall be considered to be a cooperating State agency 

24 for purposes of this title. 


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1 (6) RESPONSIBILITIES OF COOPERATING AGEN2 CIES.—Each cooperating State agency shall, in car3 rying out paragraph (1)(B)(ii)— 

4 (A) advise each worker who applies for un5 employment compensation in the State of the 

6 benefits provided under this title and the proce7 dures and deadlines for applying for such bene8 fits; 

9 (B) facilitate the early filing of petitions 

10 under section 106(a) to cover any workers that 

11 the agency considers to be likely to be eligible 

12 for benefits under this title; 

13 (C) advise each adversely affected worker 

14 applying for a climate change adjustment allow15 ance under section 107(a) to apply for training 

16 under section 107(b) before, or at the same 

17 time as, the worker applies for the adjustment 

18 allowance; 

19 (D) perform outreach to, intake of, and 

20 orientation for adversely affected workers (in21 cluding adversely affected incumbent workers) 

22 covered by a certification issued under section 

23 106(d) with respect to benefits (including allow24 ances) available under this title; 


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1 (E) make information and employment 

2 services described in section 107(b)(1) available 

3 to adversely affected workers (including ad4 versely affected incumbent workers) covered by 

5 a certification under section 106(d) and, if 

6 funds provided to carry out this title are insuf7 ficient to make such information and services 

8 available, make arrangements to make such in9 formation and services available through other 

10 Federal programs; and 

11 (F) provide the benefits (including infor12 mation and employment services, and training) 

13 under this title in a manner that is necessary 

14 for the proper and efficient administration of 

15 this title (including the use of cooperating State 

16 agency personnel employed in accordance with a 

17 merit system of personnel administration stand18 ards), including— 

19 (i) making verifications of eligibility 

20 for, and payment of, climate change ad21 justment allowances under section 

22 107(a)(1) and making payment of job 

23 search, relocation, and health insurance al24 lowances under subsections (e), (f), and (g) 

25 of section 107; 


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1 (ii) developing recommendations re2 garding providing payments as a bridge to 

3 retirement, such as lump sum payments to 

4 retirement plans, in accordance with sec5 tion 107(h), and providing the payments in 

6 accordance with that section, including any 

7 regulations issued under that section; and 

8 (iii) the provision of information and 

9 employment services described in section 

10 107(b)(1) to eligible workers, including 

11 providing training and referral to training 

12 described in section 107(b)(2) and pro13 viding supplemental assistance under sec14 tion 107(b)(3). 

15 (7) DESCRIPTION OF AND INFORMATION ON

16 WORKFORCE INVESTMENT ACTIVITIES.—In order to 

17 promote the coordination of workforce investment 

18 activities carried out under title I of the Workforce 

19 Investment Act of 1998 (29 U.S.C. 2801 et seq.) in 

20 each State with activities carried out under this title, 

21 any agreement entered into under this section shall 

22 provide that the State shall submit to the Secretary, 

23 in such form as the Secretary may require, the de24 scription and information described in paragraphs 

25 (8) (with respect to activities described in this title, 


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1 as well as activities described in that paragraph) and 

2 (14) of section 112(b) of the Workforce Investment 

3 Act of 1998 (29 U.S.C. 2822(b)) and a description 

4 of the State’s rapid response activities under section 

5 134(a)(2)(A) of that Act (29 U.S.C. 2864(a)(2)(A)). 

6 (8) CONTROL MEASURES.— 

7 (A) IN GENERAL.—The Secretary shall re8 quire each cooperating State agency to imple9 ment effective control measures and to oversee 

10 effectively the operation and administration of 

11 the Program, including by means of monitoring 

12 the operation of control measures to improve 

13 the accuracy and timeliness of the data being 

14 collected and reported on the Program. 

15 (B) DEFINITION.—For purposes of sub16 paragraph (A), the term ‘‘control measures’’ 

17 means measures that— 

18 (i) are internal to a system used by a 

19 State to collect data; and 

20 (ii) are designed to ensure the accu21 racy and verifiability of such data. 

22 (9) DATA REPORTING.— 

23 (A) IN GENERAL.—Any agreement entered 

24 into under this section shall require the cooper25 ating State agency to report to the Secretary on 


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1 a quarterly basis comprehensive performance 

2 accountability data, to consist of— 

3 (i) data on the core indicators of per4 formance described in subparagraph (B)(i); 

5 (ii) data on the additional indicators 

6 of performance described in subparagraph 

7 (B)(ii), if any; and 

8 (iii) a description of efforts made to 

9 improve outcomes for workers under the 

10 Program. 

11 (B) CORE INDICATORS DESCRIBED.— 

12 (i) IN GENERAL.—The core indicators 

13 of performance referred to in subpara14 graph (A)(i) are— 

15 (I) the percentage of workers re16 ceiving benefits under this title who 

17 are employed during the second cal18 endar quarter following the calendar 

19 quarter in which the workers cease re20 ceiving such benefits; 

21 (II) the percentage of workers re22 ceiving benefits under this title who 

23 are employed, for each of the third 

24 and fourth calendar quarters following 

25 the calendar quarter in which the 


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1 workers cease receiving such benefits; 

2 and 

3 (III) the earnings of workers re4 ceiving benefits under this title who 

5 are employed, for each of the third 

6 and fourth calendar quarters following 

7 the calendar quarter in which the 

8 workers cease receiving such benefits. 

9 (ii) ADDITIONAL INDICATORS.—The 

10 Secretary, and a cooperating State agency, 

11 may agree upon additional indicators of 

12 performance for the State’s activities 

13 under the Program. 

14 (C) STANDARDS WITH RESPECT TO RELI15 ABILITY OF DATA.—In preparing the quarterly 

16 report required by subparagraph (A), each co17 operating State agency shall establish proce18 dures that are consistent with guidelines to be 

19 issued by the Secretary to ensure that the data 

20 reported are valid and reliable. 

21 (10) VERIFICATION OF ELIGIBILITY FOR PRO22 GRAM BENEFITS.— 

23 (A) IN GENERAL.— 

24 (i) VERIFICATION.—An agreement 

25 under this section shall provide that the 


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1 State shall periodically redetermine that a 

2 worker receiving benefits under this title 

3 who is not a citizen or national of the 

4 United States (as defined in section 

5 101(a)(22) of the Immigration and Nation6 ality Act (8 U.S.C. 1101(a)(22))) remains 

7 in a satisfactory immigration status. 

8 (ii) REVERIFICATION.—Once satisfac9 tory immigration status has been initially 

10 verified through the income and eligibility 

11 verification system described in section 

12 1137(d) of the Social Security Act (42 

13 U.S.C. 1320b–7(d)) for purposes of estab14 lishing a worker’s eligibility for unemploy15 ment compensation, the State shall reverify 

16 the worker’s immigration status if the doc17 umentation provided during initial 

18 verification will expire during the period in 

19 which that worker is potentially eligible to 

20 receive benefits under this title. The State 

21 shall conduct such redetermination in a 

22 timely manner, utilizing the income and 

23 eligibility verification system described in 

24 section 1137(d) of the Social Security Act. 


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1 (B) PROCEDURES.—The Secretary shall 

2 establish procedures to ensure the uniform ap3 plication by the States of the requirements of 

4 this paragraph. 

5 (b) ADMINISTRATION ABSENT STATE AGREE6 MENT.— 

7 (1) REGULATIONS.—In any State where there 

8 is no agreement in force between the Secretary, and 

9 a cooperating State or cooperating State agency, 

10 under subsection (a), the Secretary shall promulgate 

11 regulations for the performance of all necessary 

12 functions under sections 106(d) and 107, including 

13 provision for a fair hearing for any worker whose 

14 application for a payment is denied. 

15 (2) REVIEW.— 

16 (A) IN GENERAL.—A final determination 

17 under paragraph (1) by the Secretary with re18 spect to entitlement to Program benefits under 

19 section 107 is subject to review by the courts in 

20 the same manner and to the same extent as is 

21 provided by section 205(g) of the Social Secu22 rity Act (42 U.S.C. 405(g)). 

23 (B) APPLICATION.—For purposes of apply24 ing that section 205(g) under this subsection, a 

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1 tion 205(a) of the Social Security Act (42 

2 U.S.C. 405(a)) should be considered to be a ref3 erence to a regulation prescribed under this 

4 title. 

5 (c) PROHIBITION ON CONTRACTING WITH PRIVATE

6 ENTITIES.—Neither the Secretary nor a State may con7 tract with any private for-profit or private nonprofit entity 

8 for the administration of the Program. 

9 (d) PAYMENT TO THE STATES.— 

10 (1) IN GENERAL.—The Secretary shall from 

11 time to time pay under section 104(d) to each co12 operating State the sums necessary to enable the 

13 State as agent of the United States to make pay14 ments provided for by this title. 

15 (2) RESTRICTION.—All money paid to a State 

16 under this subsection shall be used solely for the 

17 purposes for which the money is paid. Money paid 

18 under this subsection that is not used for such pur19 poses shall be returned, at the time specified in the 

20 agreement under this section, to the Secretary for 

21 deposit in the Fund. 

22 (3) BONDS.—Any agreement under this section 

23 may require any officer or worker of the State certi24 fying payments or disbursing funds under the agree25 ment or otherwise participating in the performance 


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1 of the agreement, to give a surety bond to the 

2 United States in such amount as the Secretary may 

3 determine to be necessary. The Secretary may pro4 vide for the payment of the cost of such bond from 

5 sums available in the Fund. 

6 (e) LABOR STANDARDS.— 

7 (1) PROHIBITION ON DISPLACEMENT.—An indi8 vidual in an apprenticeship program or on-the-job 

9 training program under this title shall not displace 

10 (including a partial displacement, such as a reduc11 tion in the hours of nonovertime work, wages, or em12 ployment benefits) any employed worker. 

13 (2) PROHIBITION ON IMPAIRMENT OF CON14 TRACTS.—An apprenticeship program or on-the-job 

15 training program under this Act shall not impair an 

16 existing contract for services or collective bargaining 

17 agreement, and no such activity that would be incon18 sistent with the terms of a collective bargaining 

19 agreement shall be undertaken without the written 

20 concurrence of the labor organization (or other duly 

21 authorized representative of the workers concerned) 

22 and employer concerned. 

23 (3) ADDITIONAL STANDARDS.—The Secretary, 

24 or a State acting under an agreement described in 

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1 ing for an adversely affected worker under this title, 

2 notwithstanding any other provision of this section, 

3 only if— 

4 (A) in the case of training that would be 

5 inconsistent with the terms of a collective bar6 gaining agreement, the written concurrence of 

7 the labor organization (or other duly authorized 

8 representative) concerned has been obtained; 

9 (B) the job for which such adversely af10 fected worker is being trained is not being cre11 ated in a promotional line that will infringe in 

12 any way upon the promotional opportunities of 

13 currently employed individuals (as of the date 

14 of the training); 

15 (C) such training is not for the same occu16 pation in which the worker was employed before 

17 being separated from employment and with re18 spect to which the worker’s group was certified 

19 pursuant to section 106(d); 

20 (D) the employer is provided reimburse21 ment of not more than 50 percent of the wages 

22 of the participant, for the cost of providing the 

23 training and additional supervision related to 

24 the training; and 


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1 (E) the employer has not received payment 

2 under Federal law with respect to any other on3 the-job training provided by the employer that 

4 failed to meet the requirements of subpara5 graphs (A) through (D). 

6 (f) SPECIAL RULE WITH RESPECT TO MILITARY

7 SERVICE.— 

8 (1) IN GENERAL.—Notwithstanding any other 

9 provision of this title, the Secretary may waive any 

10 requirement of this title if the Secretary determines 

11 that the waiver is necessary to ensure that an ad12 versely affected worker who is a member of a reserve 

13 component of the armed forces (within the meaning 

14 of section 101 of title 10, United States Code) and 

15 serves a period of duty described in paragraph (2) 

16 is eligible to receive a climate change adjustment al17 lowance, training, and other benefits under this title 

18 in the same manner and to the same extent as if the 

19 worker had not served the period of duty. 

20 (2) PERIOD OF DUTY DESCRIBED.—An ad21 versely affected worker serves a period of duty de22 scribed in this paragraph if, before completing train23 ing under this title, the worker— 


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1 (A) serves on active duty for a period of 

2 more than 30 days under a call or order to ac3 tive duty of more than 30 days; or 

4 (B) in the case of a member of the Army 

5 National Guard of the United States or Air Na6 tional Guard, performs full-time National 

7 Guard duty under section 502(f) of title 32, 

8 United States Code, for 30 consecutive days or 

9 more when authorized by the President or the 

10 Secretary of Defense for the purpose of re11 sponding to a national emergency declared by 

12 the President and supported by Federal funds. 

13 (3) DEFINITIONS.—In this section, the terms 

14 ‘‘active duty’’, ‘‘Air National Guard’’, and ‘‘Army 

15 National Guard of the United States’’ have the 

16 meanings given the terms in section 101 of title 10, 

17 United States Code. 

18 (g) FRAUD AND RECOVERY OF OVERPAYMENTS.— 

19 (1) RECOVERY OF PAYMENTS TO WHICH AN IN20 DIVIDUAL WAS NOT ENTITLED.—If the Secretary of 

21 Labor or a court of competent jurisdiction deter22 mines that any person has received any payment 

23 under this title to which the individual was not enti24 tled, the individual shall be liable to repay the 

25 amount to the Secretary, except that the Secretary 


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1 shall waive the repayment if the Secretary deter2 mines that— 

3 (A) the payment was made without fault of 

4 the individual; and 

5 (B) requiring such repayment would cause 

6 a financial hardship for the individual (or the 

7 individual’s household, if applicable), taking 

8 into consideration the income and resources 

9 reasonably available to the individual (or house10 hold) and other ordinary living expenses of the 

11 individual (or household). 

12 (2) MEANS OF RECOVERY.—Unless a payment 

13 described in paragraph (1) is otherwise recovered, or 

14 waived under paragraph (1), the Secretary shall re15 cover the payment by deductions from any sums 

16 payable to such individual under this title, or under 

17 any Federal unemployment compensation law or 

18 other Federal law administered by the Secretary 

19 that provides for the payment of assistance or an al20 lowance with respect to unemployment. Any amount 

21 recovered under this section shall be returned to the 

22 Fund. 

23 (3) PENALTIES FOR FRAUD.—Any person 

24 who— 


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1 (A) makes a false statement of a material 

2 fact knowing the statement to be false, or 

3 knowingly fails to disclose a material fact, for 

4 the purpose of obtaining or increasing for that 

5 person or for any other person any payment au6 thorized to be furnished under this title; or 

7 (B) makes a false statement of a material 

8 fact knowing the statement to be false, or 

9 knowingly fails to disclose a material fact, when 

10 providing information to the Secretary during 

11 an investigation under section 106(c), 

12 shall be imprisoned for not more than 1 year, or 

13 fined under title 18, United States Code, or both, 

14 and be ineligible for any further payments under 

15 this title. 

16 (h) ADMINISTRATIVE EXPENSES.—For any fiscal 

17 year, not more than 5 percent of the funds disbursed from 

18 the Fund may be used for the administrative costs of car19 rying out the Program. 

20 (i) REGULATIONS.—The Secretary shall prescribe 

21 such regulations as may be necessary to carry out the pro22 visions of this title. 

23 (j) REGULATIONS REGARDING FULL BENEFITS.— 

24 The Secretary shall promulgate regulations to ensure that 

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1 tion 107 shall receive full benefits. The regulations shall 

2 provide for the establishment of a waiting list for workers 

3 in the event that the requests for the benefits, if approved, 

4 would require provision of benefits in an amount that ex5 ceeds the sums available in the Fund. 

6 (k) STUDY ON OLDER WORKERS.—The Secretary 

7 shall conduct a study to examine the circumstances of 

8 older adversely affected workers and the ability of such 

9 workers to access their retirement benefits. Not later than 

10 2 years after the date of enactment of this Act, the Sec11 retary shall transmit a report to Congress containing the 

12 findings of the study and the Secretary’s recommendations 

13 on how to ensure that adversely affected workers who ex14 pect to retire in not more than 2 years are able to access 

15 their retirement benefits. 

16 SEC. 109. NATIONAL CLIMATE CHANGE ADVISORY COM17 MITTEE. 

18 (a) ESTABLISHMENT.—There is established the Na19 tional Climate Change Advisory Committee (referred to in 

20 this section as the ‘‘Committee’’). 

21 (b) MEMBERSHIP.— 

22 (1) IN GENERAL.—The Committee shall be 

23 composed of members consisting of— 

24 (A)(i) 2 representatives of labor organiza25 tions (or other duly authorized representatives 


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1 of the workers concerned), appointed by the 

2 Speaker of the House of Representatives; and 

3 (ii) 2 representatives of such organizations 

4 or authorized representatives, appointed by the 

5 minority leader of the House of Representa6 tives; 

7 (B)(i) 2 representatives of business organi8 zations, appointed by the Speaker of the House 

9 of Representatives; and 

10 (ii) 2 representatives of such organizations, 

11 appointed by the minority leader of the House 

12 of Representatives; 

13 (C)(i) 2 representatives of labor organiza14 tions (or other duly authorized representatives 

15 of the workers concerned), appointed by the 

16 majority leader of the Senate; and 

17 (ii) 2 representatives of such organizations 

18 or authorized representatives, appointed by the 

19 minority leader of the Senate; and 

20 (D)(i) 2 representatives of business organi21 zations, appointed by the majority leader of the 

22 Senate; and 

23 (ii) 2 representatives of such organizations, 

24 appointed by the minority leader of the Senate. 


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1 (2) TIMING.—The Speaker of the House of 

2 Representatives and the minority leader of the Sen3 ate shall make the appointments described in para4 graph (1) not later than 120 days after the date of 

5 enactment of this Act. 

6 (c) PERIOD OF APPOINTMENT; VACANCIES.—Mem7 bers shall be appointed for a term of 3 years. Any vacancy 

8 in the Committee shall not affect the powers of the Com9 mittee, but shall be filled in the same manner as the origi10 nal appointment was made. 

11 (d) DUTIES.— 

12 (1) PLAN AND ADVICE.— 

13 (A) STRATEGIC PLAN.—The Committee 

14 shall, not later than 270 days after the date of 

15 enactment of this Act— 

16 (i) formulate a comprehensive stra17 tegic plan for addressing the effect of Fed18 eral climate change policy on each segment 

19 of the workforce; and 

20 (ii) submit the plan to the President, 

21 the Secretary, and the appropriate commit22 tees of Congress. 

23 (B) ADVICE.—The Committee shall advise 

24 the Secretary on— 


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1 (i) the strategic plan and the struc2 ture and operation of the Program; 

3 (ii) the content of applicable regula4 tions; and 

5 (iii) industry trends, workforce devel6 opment, industry-wide certifications, and 

7 other matters relating to the impact of 

8 Federal climate change policy. 

9 (C) MONITORING.—The Committee shall— 

10 (i) monitor the administration of the 

11 Program; and 

12 (ii) advise the Secretary concerning 

13 whether the Program is being carried out 

14 in a manner consistent with the purpose of 

15 the Program. 

16 (2) REPORT.—The Committee shall submit to 

17 the President, the Secretary, and the appropriate 

18 committees of Congress an annual report on the per19 formance, achievements, and challenges of the Pro20 gram. 

21 (e) CHAIRPERSON.—The Committee shall select a 

22 Chairperson from among its members. 

23 (f) MEETINGS.—The Committee shall hold its first 

24 meeting not later than 180 days after the date of enact25 ment of this Act. The Committee shall meet as often as 


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1 the Chairperson may determine to be necessary, but not 

2 less often than quarterly. 

3 (g) POWERS.— 

4 (1) HEARINGS.—The Committee may hold such 

5 hearings, sit and act at such times and places, take 

6 such testimony, and receive such evidence as the 

7 Committee considers advisable to carry out the ob8 jectives of this section. 

9 (2) INFORMATION FROM FEDERAL AGENCIES.— 

10 The Committee may secure directly from any Fed11 eral department or agency such information as the 

12 Committee considers necessary to carry out the pro13 visions of this section. Upon request of the Com14 mittee, the head of such department or agency shall 

15 furnish such information to the Committee. 

16 (3) POSTAL SERVICES.—The Committee may 

17 use the United States mails in the same manner and 

18 under the same conditions as other departments and 

19 agencies of the Federal Government. 

20 (h) PERSONNEL.— 

21 (1) TRAVEL EXPENSES.—The members of the 

22 Committee shall not receive compensation for the 

23 performance of services for the Committee, but shall 

24 be allowed travel expenses, including per diem in lieu 

25 of subsistence, at rates authorized for workers of 


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1 agencies under subchapter I of chapter 57 of title 5, 

2 United States Code, while away from their homes or 

3 regular places of business in the performance of 

4 services for the Committee. Notwithstanding section 

5 1342 of title 31, United States Code, the Secretary 

6 may accept the voluntary and uncompensated serv7 ices of members of the Committee. 

8 (2) DETAIL OF GOVERNMENT WORKERS.—Any 

9 Federal Government worker may be detailed to the 

10 Committee without reimbursement, and such detail 

11 shall be without interruption or loss of civil service 

12 status or privilege. 

13 (i) PERMANENT COMMITTEE.—Section 14 of the 

14 Federal Advisory Committee Act (5 U.S.C. App.) shall not 

15 apply to the Committee. 

16 (j) DEFINITION.—In this section, the term ‘‘labor or17 ganization’’ has the meaning given the term in section 

18 401.9 of title 29, Code of Federal Regulations (as in effect 

19 on the date of enactment of this Act). 

20 TITLE II—COMMUNITY 

21 ADJUSTMENT ASSISTANCE 

22 SEC. 201. PURPOSE. 

23 The purpose of this title is to establish a program 

24 to assist communities adversely affected by Federal cli25 mate change policy by providing economic adjustment asVerDate Nov 24 2008 04:12 Nov 06, 2009 Jkt 089200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\S2742.IS S2742

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1 sistance and economic development resources to such com2 munities through— 

3 (1) the coordination of Federal, State, and local 

4 resources; 

5 (2) grants for developing, updating, and mod6 ernizing strategic plans under section 206; 

7 (3) grants for the implementation of such stra8 tegic plans; and 

9 (4) the provision of economic assistance. 

10 SEC. 202. DEFINITIONS. 

11 In this title: 

12 (1) ASSISTANT SECRETARY.—The term ‘‘Assist13 ant Secretary’’ means Assistant Secretary for Cli14 mate Change Community Economic Adjustment ap15 pointed under section 203(b). 

16 (2) COMMUNITY.—The term ‘‘community’’ 

17 means a city, county, municipal corporation, or other 

18 political subdivision of a State or a consortium of 

19 political subdivisions of a State. 

20 (3) COMMUNITY OFFICE.—The term ‘‘Commu21 nity Office’’ means the Office of Climate Change 

22 Community Economic Adjustment established under 

23 section 203(a). 

24 (4) COMMUNITY PROGRAM.—The term ‘‘Com25 munity Program’’ means the Climate Change ComVerDate Nov 24 2008 04:12 Nov 06, 2009 Jkt 089200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\S2742.IS S2742

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1 munity Economic Adjustment Program established 

2 under section 204(a)(1). 

3 (5) ELIGIBLE COMMUNITY.—The term ‘‘eligible 

4 community’’ means a community that is certified 

5 under section 205(c) as eligible for assistance under 

6 this title. 

7 (6) HIGH ROAD PARTNERSHIP.—The term 

8 ‘‘High Road Partnership’’ means a partnership be9 tween organizations, including labor unions, private10 and public-sector employers, and community groups, 

11 that are working together in a cooperative fashion to 

12 preserve good jobs, expand the number of high-skill 

13 jobs that pay family-sustaining wages, and build an 

14 economy based on continuous skill development, in15 novation, opportunity, economic and environmental 

16 sustainability, and equitably shared prosperity. 

17 (7) JOINT LABOR-MANAGEMENT COMMITTEE.— 

18 The term ‘‘joint labor-management committee’’ 

19 means a not-for-profit organization characterized by 

20 equal participation from industry, including rep21 resentatives of public or private employers, and labor 

22 organizations, including unions that engage in collec23 tive bargaining, central labor councils, and State24 wide federations or other groups of labor organiza25 tions. 


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1 (8) SECRETARY.—Except as otherwise provided, 

2 the term ‘‘Secretary’’ means the Secretary of Com3 merce. 

4 SEC. 203. OFFICE OF CLIMATE CHANGE COMMUNITY ECO5 NOMIC ADJUSTMENT. 

6 (a) ESTABLISHMENT.—Not later than 180 days of 

7 the date of the enactment of this Act, the Secretary shall 

8 establish in the Department of Commerce an office to be 

9 known as the ‘‘Office of Climate Change Community Eco10 nomic Adjustment’’. 

11 (b) HEAD.—The head of the Community Office shall 

12 be the Assistant Secretary for Climate Change Community 

13 Economic Adjustment, who shall be appointed by the 

14 President, by and with the advice and consent of the Sen15 ate. The Assistant Secretary shall be responsible for car16 rying out the function of the Community Office. 

17 (c) FUNCTION.—The function of the Community Of18 fice is to assist the Secretary in carrying out the provisions 

19 of this title, including the following: 

20 (1) Overseeing and administering the Commu21 nity Program. 

22 (2) Providing information to communities about 

23 the Community Program. 


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1 (3) Establishing specific criteria for submission 

2 and evaluation of strategic plans submitted under 

3 section 206(c). 

4 (4) Administering the grant programs estab5 lished under sections 207 and 208, including over6 seeing the application and selection process for such 

7 grant programs and establishing specific criteria for 

8 submitting and evaluating applications for grants 

9 under such programs. 

10 (5) Receiving complaints, grievances, and re11 quests for assistance from communities under this 

12 title. 

13 (6) Carrying out such other functions as the 

14 Secretary may specify for purposes of carrying out 

15 the provisions of this title. 

16 (7) Submitting to Congress each year, a written 

17 report on the activities of the Community Office 

18 under this title. 

19 SEC. 204. CLIMATE CHANGE COMMUNITY ECONOMIC AD20 JUSTMENT PROGRAM. 

21 (a) ESTABLISHMENT.— 

22 (1) IN GENERAL.—Not later than 180 days 

23 after the date of the enactment of this Act, the Sec24 retary shall establish a program to carry out the ac25 tivities described in subsection (b). 


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1 (2) DESIGNATION.—The program established 

2 under paragraph (1) shall be known as the ‘‘Climate 

3 Change Community Economic Adjustment Pro4 gram’’. 

5 (b) ACTIVITIES.—The activities described in this sub6 section are the following: 

7 (1) Coordinating the provision of assistance 

8 from Federal agencies to eligible communities to 

9 mitigate the adverse effects of Federal climate 

10 change policy on such communities by— 

11 (A) identifying all Federal, State, and local 

12 resources that are available to assist such com13 munities in recovering from he adverse effects 

14 of Federal climate change policy; 

15 (B) ensuring that all Federal agencies of16 fering assistance to such communities to ad17 dress the adverse effects of Federal climate 

18 change policy do so in a targeted, integrated 

19 manner that ensures that such communities 

20 have access to all available and relevant Federal 

21 assistance; 

22 (C) assuring timely consultation and co23 operation between Federal, State, and regional 

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1 nomic adjustment assistance to such commu2 nities; and 

3 (D) identifying and strengthening existing 

4 agency mechanisms designed to assist such 

5 communities in their efforts to achieve sustain6 able economic adjustment and workforce reem7 ployment that enables workers to achieve eco8 nomic self-sufficiency. 

9 (2) Providing comprehensive technical assist10 ance to communities in the efforts of such commu11 nities— 

12 (A) to identify serious economic problems 

13 that professional economists demonstrate are 

14 associated with the adverse effects of Federal 

15 climate change policy; 

16 (B) to foster cooperation and joint action 

17 by employers and labor organizations adversely 

18 affected by Federal climate change policy; 

19 (C) to access Federal, State, and local re20 sources designed to assist in economic develop21 ment and climate change adjustment assistance; 

22 (D) to develop, update, or modernize a 

23 strategic plan under section 206(a); and 

24 (E) in consultation with relevant national 

25 nonprofit organizations that represent workers 


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1 and have expertise in developing High Road 

2 Partnerships, support joint labor-management 

3 committees to carry out programs that assist 

4 communities in retaining and expanding em5 ployment in high-wage, high-demand jobs. 

6 (3) Working with labor and business leaders in 

7 eligible communities that have a strategic plan ap8 proved under section 206(c) to maximize the access 

9 of such communities to Federal grants, loans, and 

10 other economic development and educational re11 sources consistent with the projects and training 

12 programs described in the plan. 

13 SEC. 205. ELIGIBLE COMMUNITIES. 

14 (a) PETITION.—Not later than 180 days after the 

15 date on which the governor of a State is notified that a 

16 group of workers of such State have been certified under 

17 section 106 as eligible for climate change readjustment al18 lowances under section 107(a), the community that in19 cludes such group may submit to the Secretary a petition 

20 for a determination that the community is adversely af21 fected by Federal climate change policy. 

22 (b) DETERMINATION.— 

23 (1) IN GENERAL.—Not later than 60 days after 

24 the date on which the Secretary receives a petition 

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1 retary shall determine whether such community is 

2 adversely affected by Federal climate change policy. 

3 (2) CONSIDERATIONS.—In determining under 

4 paragraph (1) whether a community is adversely af5 fected by Federal climate change policy, the Sec6 retary shall consider the following: 

7 (A) The number of jobs affected in relation 

8 to the size of the workforce of the community. 

9 (B) The severity of the rate of unemploy10 ment in the community and the number of un11 employed individuals who have exhausted their 

12 entitlement to unemployment compensation 

13 payable under any State law or Federal unem14 ployment compensation law, including chapter 

15 85 of title 5, United States Code, and the Rail16 road Unemployment Insurance Act (45 U.S.C. 

17 351 et seq.). 

18 (C) The level of per capita income of the 

19 community and the extent of underemployment 

20 in the community. 

21 (D) The number of manufacturing jobs in 

22 the community currently relative to the average 

23 number of manufacturing jobs in the commu24 nity in 1970. 


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1 (E) The rate of emigration from the com2 munity and the extent to which the emigration 

3 is causing economic hardship in the community. 

4 (F) Economic analysis, research, and re5 ports prepared by professional, nongovern6 mental economists whose research has been 

7 commissioned by the Community Office. 

8 (G) The unique problems and needs of the 

9 community. 

10 (c) CERTIFICATION.—If the Secretary determines 

11 under subsection (b) that a community is adversely af12 fected by Federal climate change policy, the Secretary 

13 shall certify the community as eligible for assistance under 

14 this title. 

15 (d) NOTIFICATIONS.— 

16 (1) NOTIFICATION OF GOVERNORS BY SEC17 RETARY.—As soon as practicable after making a de18 termination under subsection (b) that a community 

19 is adversely affected by Federal climate change pol20 icy, the Secretary shall notify the governor of the 

21 State of such community of such determination. 

22 (2) NOTIFICATION OF COMMUNITIES BY SEC23 RETARY.—As soon as practicable after making a de24 termination under subsection (b) that a community 

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1 icy, the Secretary shall notify the chief elected offi2 cial of the community, the State labor federation of 

3 the State of the community, and a pertinent busi4 ness association in the community— 

5 (A) of the determination; 

6 (B) of the provisions of this title; 

7 (C) how to obtain technical assistance 

8 under this title; and 

9 (D) how to obtain such grants, tax credits, 

10 low income loans, and other economic develop11 ment assistance as may be appropriate and 

12 available for such community. 

13 SEC. 206. STRATEGIC PLANS. 

14 (a) IN GENERAL.—A community may develop, up15 date, or modernize under this section a strategic plan for 

16 the redevelopment and economic adjustment of the com17 munity, including plans for— 

18 (1) community economic adjustment assistance; 

19 (2) diversifying employment opportunities in 

20 the community; 

21 (3) environmental remediation projects; or 

22 (4) the conversion of underutilized facilities for 

23 more productive uses. 


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1 (b) CONTENTS.—A strategic plan developed, updated, 

2 or modernized under subsection (a) contains, at a min3 imum, the following: 

4 (1) A description of the commitment of the 

5 community for carrying out the strategic plan over 

6 the long-term. 

7 (2) A description and assessment of the capac8 ity of the community to achieve the objectives of the 

9 strategic plan of the community, including the avail10 ability and use of alternative methods of financing. 

11 (3) A description of the projects to be under12 taken by the community, which may include— 

13 (A) assistance to particular firms; 

14 (B) funding for public and nonprofit orga15 nizations; 

16 (C) support for entrepreneurial develop17 ment; 

18 (D) support for economic development ini19 tiatives, including those associated with environ20 mental sustainability; and 

21 (E) support for public services and con22 struction of public infrastructure projects that 

23 will improve the economic competitiveness of 

24 the community and its quality of life. 


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1 (4) A description of how the plan and the 

2 projects to be undertaken by the community will 

3 lead to the creation and retention of jobs that are 

4 capable of sustaining families in the community. 

5 (5) A description of how the plan will achieve— 

6 (A) economic adjustment of the commu7 nity; 

8 (B) diversification of the industry of the 

9 community; and 

10 (C) conversion of underutilized facilities 

11 for more productive uses. 

12 (6) A description of how carrying out the plan 

13 will contribute to establishing or maintaining a level 

14 of public services that are necessary to attract and 

15 retain productive economic investment. 

16 (7) A description and justification of the cost 

17 and timing of proposed basic and advanced infra18 structure improvements in the community. 

19 (8) A description of how the plan will address 

20 the issues relating to occupation and workforce con21 ditions in the community, including how the plan 

22 will support the formation of industry sector part23 nerships involving employers and labor organiza24 tions. 


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1 (9) A description of the educational, job train2 ing, skill upgrading, and registered joint apprentice3 ship programs available for workforce training and 

4 future employment needs of the community. 

5 (10) A description of how implementation of the 

6 plan will enable the community to adapt to changing 

7 market conditions, business cycles, global competi8 tiveness, and trends in workforce composition, in9 cluding the retirement of the Baby Boom generation. 

10 (11) A description and justification for the cost 

11 and timing of the total funds required by the com12 munity to carry out the strategic plan. 

13 (12) A graduation strategy through which the 

14 community will achieve economic sustainability and 

15 terminate the need for economic adjustment assist16 ance. 

17 (13) A description of the public consultation 

18 and comment process used in making the plan, in19 cluding a description of how interested parties, non20 governmental and community organizations, labor 

21 organizations, and members of the public were pro22 vided with an opportunity to review and comment on 

23 the proposed plan and grant applications, and will 

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1 mentation of the strategic plan and any projects 

2 contained in the plan. 

3 (14) A summary of all such comments. 

4 (c) EVALUATION AND APPROVAL.—Except as pro5 vided in section 207(d), a community may submit to the 

6 Secretary for evaluation and approval a strategic plan de7 veloped, updated, or modernized under subsection (a). 

8 (d) PUBLICATION.—A community that submits a 

9 strategic plan to the Secretary under subsection (c) shall 

10 make such strategic plan available to the public at such 

11 location as the Secretary considers appropriate. 

12 SEC. 207. GRANT PROGRAM FOR DEVELOPMENT OF STRA13 TEGIC PLANS. 

14 (a) GRANTS AUTHORIZED.—The Secretary may 

15 award a grant to an eligible community to develop, update, 

16 or modernize a strategic plan under section 206(a). 

17 (b) APPLICATION.—An eligible community seeking a 

18 grant under this section shall submit to the Secretary an 

19 application therefor in such form, in such manner, and 

20 containing such information as the Secretary considers ap21 propriate. 

22 (c) SELECTION PRIORITY FOR STRATEGIC PLANS TO

23 BE IMPLEMENTED BY JOINT LABOR-MANAGEMENT COM24 MITTEES.—In selecting eligible communities to receive 

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1 erence to eligible communities seeking a grant to develop, 

2 update, or modernize a strategic plan that will be imple3 mented by a joint labor-management committee. 

4 (d) SUBMITTAL AND APPROVAL OF COMPLETED

5 STRATEGIC PLANS.—A recipient of a grant under this sec6 tion shall submit to the Secretary for evaluation and ap7 proval under section 206(c) the strategic plan developed, 

8 updated, or modernized with such grant. 

9 SEC. 208. GRANT PROGRAM FOR ECONOMIC DEVELOP10 MENT. 

11 (a) GRANTS AUTHORIZED.—The Secretary may 

12 award a grant to an eligible community with a strategic 

13 plan that is approved by the Secretary under section 

14 206(c) to carry out one or more projects or training pro15 grams that is included in the strategic plan or is consistent 

16 with the strategic plan. 

17 (b) APPLICATION.— 

18 (1) IN GENERAL.—An eligible community seek19 ing a grant under this section shall submit to the 

20 Secretary an application therefor in such form and 

21 in such manner as the Secretary considers appro22 priate. 

23 (2) CONTENTS.—An application submitted 

24 under paragraph (1) shall include such information 

25 as the Secretary may require, including a description 


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1 of the extent to which the activities funded by the 

2 grant will promote sustainable communities, foster 

3 economic self-sufficiency, and encourage cooperation 

4 between employers, labor unions, and postsecondary 

5 educational institutions. 

6 (c) SELECTION PRIORITY.—In selecting eligible com7 munities to receive grants under this section, the Sec8 retary shall give preference to eligible communities with 

9 regional economies and workforces that have been affected 

10 by decreased employment in facilities associated with an 

11 industry receiving industry-wide certification under title I. 

12 (d) ENTITIES.—A grant awarded to a community 

13 under this section shall be awarded to— 

14 (1) the appropriate entity identified in the stra15 tegic plan of the community; or 

16 (2) in the case that the strategic plan of the 

17 community does not identify an appropriate entity, 

18 a local or county government agency. 

19 SEC. 209. WAGE RATE REQUIREMENTS. 

20 Notwithstanding any other provision of law and in 

21 a manner consistent with other provisions in this title, all 

22 laborers and mechanics employed by contractors and sub23 contractors on projects funded directly by or assisted in 

24 whole or in part by and through the Federal Government 

25 pursuant to this title shall be paid wages at rates not less 


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1 than those prevailing on projects of a character similar 

2 in the locality as determined by the Secretary of Labor 

3 in accordance with subchapter IV of chapter 31 of title 

4 40, United States Code (commonly referred to as the 

5 ‘‘Davis-Bacon Act’’). 

6 SEC. 210. AUTHORIZATION OF APPROPRIATIONS. 

7 There is authorized to be appropriated to the Sec8 retary such amounts from the trust fund established under 

9 section 104 as may be necessary for the Secretary to carry 

10 out this title. 

Æ 


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