931 
‘‘(C) METAL
AND
PHOSPHATE
PRODUC-
TION
CLASSIFIED
UNDER
MORE
THAN
ONE 
NAICS CODE.—For purposes of this subpart, in 
carrying out this section and section 765, the 
Administrator shall— 
‘‘(i) 
aggregate 
data 
for 
the 
beneficiation or other processing of iron 
and copper ores and phosphate with subse-
quent steps in the process of metal and 
phosphate manufacturing regardless of the 
NAICS code under which such activity is 
classified; and 
‘‘(ii) aggregate data for the manufac-
turing of steel with the manufacturing of 
steel pipe and tube made from purchased 
steel in a nonintegrated process. 
‘‘(D) EXCLUSION.—The petroleum refining 
sector shall not be an eligible industrial sector. 
‘‘(E) DATA SOURCES.— 
‘‘(i) ELECTRICITY AND FUEL COSTS, 
VALUE
OF
SHIPMENTS.—The Adminis-
trator shall determine electricity and fuel 
costs and the value of shipments under 
this subsection from data from the United 
States Census of Mineral Industries and 
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00931
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
932 
the United States Census Annual Survey 
of Manufacturers. The Administrator shall 
take the average of data from as many of 
the years of 2004, 2005, and 2006 for 
which such data are available. If such data 
are unavailable, the Administrator shall 
make a determination based upon 2002 or 
2006 data from the most detailed indus-
trial classification level of Energy Informa-
tion Agency’s Manufacturing Energy Con-
sumption Survey (using 2006 data if it is 
available) and the 2002 or 2007 Economic 
Census of the United States (using 2007 
data if it is available). If data from the 
Manufacturing Energy Consumption Sur-
vey are unavailable for any sector at the 
six-digit classification level in the NAICS, 
then the Administrator may extrapolate 
the information necessary to determine the 
eligibility of a sector under this paragraph 
from available Manufacturing Energy Con-
sumption Survey data pertaining to a 
broader industrial category classified in the 
NAICS. Fuel cost data shall not include 
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00932
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
933 
the cost of fuel used as feedstock by an in-
dustrial sector. 
‘‘(ii) IMPORTS
AND
EXPORTS.—The 
Administrator shall base the value of im-
ports and exports under this subsection on 
United States International Trade Com-
mission data. The Administrator shall take 
the average of data from as many of the 
years of 2004, 2005, and 2006 for which 
such data are available. 
‘‘(iii) PERCENTAGES.—The Adminis-
trator shall round the energy intensity, 
greenhouse gas intensity, and trade inten-
sity percentages under subparagraph (A) 
to the nearest whole number. 
‘‘(iv) GREENHOUSE
GAS
EMISSION 
CALCULATIONS.—When 
calculating 
the 
tons of carbon dioxide equivalent green-
house gas emissions for each sector under 
subparagraph (A)(i)(II)(aa), the Adminis-
trator— 
‘‘(I) shall use the best available 
data from as many of the years 2004, 
2005, and 2006 for which such data 
is available; and 
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00933
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
934 
‘‘(II) may, to the extent nec-
essary with respect to a sector, use 
economic and engineering models and 
the best available information on tech-
nology performance levels for such 
sector. 
‘‘(3) ADMINISTRATIVE DETERMINATION OF AD-
DITIONAL ELIGIBLE INDUSTRIAL SECTORS.— 
‘‘(A) UPDATED TRADE INTENSITY DATA.— 
The Administrator shall designate as eligible to 
receive emission allowance rebates under this 
subpart an industrial sector that— 
‘‘(i) met the energy or greenhouse gas 
intensity criteria in paragraph (2)(A)(i) as 
of the date of promulgation of the rule 
under paragraph (1); and 
‘‘(ii) meets the trade intensity criteria 
in paragraph (2)(A)(ii), using data from 
any year after 2006. 
‘‘(B) INDIVIDUAL SHOWING PETITION.— 
‘‘(i) PETITION.—In addition to des-
ignation under paragraph (2) or subpara-
graph (A) of this paragraph, the owner or 
operator of an entity in an industrial sec-
tor may petition the Administrator to des-
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00934
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
935 
ignate as eligible industrial sectors under 
this subpart an entity or a group of enti-
ties that— 
‘‘(I) represent a subsector of a 
six-digit section of the NAICS code; 
and 
‘‘(II) meet the eligibility criteria 
in both clauses (i) and (ii) of para-
graph (2)(A), or the eligibility criteria 
in clause (iii) of paragraph (2)(A). 
‘‘(ii) DATA.—In making a determina-
tion under this subparagraph, the Admin-
istrator shall consider data submitted by 
the petitioner that is specific to the entity, 
data solicited by the Administrator from 
other entities in the subsector, if such 
other entities exist, and data specified in 
paragraph (2)(E). 
‘‘(iii) BASIS
OF
SUBSECTOR
DETER-
MINATION.—The Administrator shall de-
termine an entity or group of entities to be 
a subsector of a six-digit section of the 
NAICS code based only upon the products 
manufactured and not the industrial proc-
ess by which the products are manufac-
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00935
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
936 
tured, except that the Administrator may 
determine an entity or group of entities 
that manufacture a product from a øvirgin 
material¿ to be a separate subsector from 
another entity or group of entities that 
manufacture the same product from recy-
cled material. 
‘‘(iv) USE OF MOST RECENT DATA.— 
In determining whether to designate a sec-
tor or subsector as an eligible industrial 
sector under this subparagraph, the Ad-
ministrator shall use the most recent data 
available from the sources described in 
paragraph (2)(E), rather than the data 
from the years specified in paragraph 
(2)(E), to determine the trade intensity of 
such sector or subsector, but only for de-
termining such trade intensity. 
‘‘(v) FINAL
ACTION.—The Adminis-
trator shall take final action on such peti-
tion no later than 6 months after the peti-
tion is received by the Administrator. 
‘‘SEC. 765. DISTRIBUTION OF EMISSION ALLOWANCE RE-
BATES. 
‘‘(a) DISTRIBUTION SCHEDULE.— 
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00936
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
941 
‘‘(B) the most recent calculation of the av-
erage direct greenhouse gas emissions (ex-
pressed in tons of carbon dioxide equivalent) 
per unit of output for all covered entities in the 
sector, as determined by the Administrator 
under paragraph (4). 
‘‘(3) INDIRECT CARBON FACTOR.— 
‘‘(A) IN
GENERAL.—The indirect carbon 
factor for an entity for a vintage year is the 
product obtained by multiplying the average 
output of the entity for the two years preceding 
the year of the distribution by both the elec-
tricity emissions intensity factor determined 
pursuant to subparagraph (B) and the elec-
tricity efficiency factor determined pursuant to 
subparagraph (C) for the year concerned. 
‘‘(B) ELECTRICITY EMISSIONS INTENSITY 
FACTOR.—Each person selling electricity to the 
owner or operator of an entity in any sector 
designated as an eligible industrial sector under 
section 764(b) shall provide the owner or oper-
ator of the entity and the Administrator, on an 
annual basis, the electricity emissions intensity 
factor for the entity. øThe electricity emissions 
intensity factor for the entity, expressed in tons 
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00941
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
942 
of carbon dioxide equivalents per kilowatt hour, 
is determined by dividing—¿ 
ø‘‘(i) the annual sum of the hourly 
product of—¿ 
ø‘‘(I) the electricity purchased by 
the entity from that person in each 
hour (expressed in kilowatt hours); 
multiplied by¿ 
ø‘‘(II) the marginal øor¿ weight-
ed øaverage¿ tons of carbon dioxide 
equivalent per kilowatt hour that the 
person 
selling 
the 
electricity 
øcharges¿ to the entity, taking into 
account the entity’s retail rate ar-
rangements; by¿ 
ø‘‘(ii) the total kilowatt hours of elec-
tricity purchased by the entity from that 
person during that year.¿ 
‘‘(C) ELECTRICITY EFFICIENCY FACTOR.— 
The electricity efficiency factor is the average 
amount of electricity (in kilowatt hours) used 
per unit of output for all entities in the relevant 
sector, as determined by the Administrator 
based on the best available data, including data 
provided under paragraph (6). 
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00942
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
943 
‘‘(D) INDIRECT CARBON FACTOR REDUC-
TION.—If an electricity provider received a free 
allocation of emission allowances pursuant to 
section 782(a), the Administrator shall adjust 
the indirect carbon factor to avoid rebates to 
the eligible entity for costs that the Adminis-
trator determines were not incurred by the in-
dustrial entity because the allowances were free-
ly allocated to the eligible entity’s electricity 
provider and used for the benefit of industrial 
consumers. 
‘‘(4) GREENHOUSE
GAS
INTENSITY
CALCULA-
TIONS.—The Administrator shall calculate the aver-
age direct greenhouse gas emissions (expressed in 
tons of carbon dioxide equivalent) per unit of output 
for all covered entities in each eligible industrial sec-
tor every four years using an average of the two 
most recent years of the best available data. 
‘‘(5) ENSURING EFFICIENCY IMPROVEMENTS.— 
When making greenhouse gas calculations, the Ad-
ministrator shall— 
‘‘(A) limit the average direct greenhouse 
gas emissions per unit of output, calculated 
under paragraph (4), for any eligible industrial 
sector to an amount that is not greater than it 
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00943
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
944 
was in any previous calculation under this sub-
section; and 
‘‘(B) limit the electricity emissions inten-
sity factor, calculated under paragraph (3)(B) 
and resulting from a change in electricity sup-
ply, for any entity to an amount that is not 
greater than it was during any previous year. 
‘‘(6) DATA SOURCES.—For the purposes of this 
subsection— 
‘‘(A) the Administrator shall use data from 
the greenhouse gas registry established under 
section 713, where it is available; and 
‘‘(B) each owner or operator of an entity 
in an eligible industrial sector and each depart-
ment, agency, and instrumentality of the 
United States shall provide the Administrator 
with such information as the Administrator 
finds necessary to determine the direct carbon 
factor and the indirect carbon factor for each 
entity subject to this section. 
‘‘(c) TOTAL
MAXIMUM
DISTRIBUTION.—Notwith-
standing subsections (a) and (b), the Administrator shall 
not distribute more allowances for any vintage year pursu-
ant to this section than are allocated for use under this 
part pursuant to section 782(e) for that vintage year. For 
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00944
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
945 
any vintage year for which the total emission allowance 
rebates calculated pursuant to this section exceed the 
number of allowances allocated pursuant to section 782(e), 
the Administrator shall reduce each entity’s distribution 
on a pro rata basis so that the total distribution under 
this section equals the number of allowances allocated 
under section 782(e). 
‘‘Subpart 2—International Reserve Allowance 
Program 
‘‘SEC. 766. INTERNATIONAL RESERVE ALLOWANCE PRO-
GRAM. 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—If the President takes an 
action described in section 767(c)(3)(B) with respect 
to a sector then, not later than 24 months after that 
determination, the Administrator shall issue regula-
tions— 
‘‘(A) determining an appropriate price for 
and offering for sale to United States importers 
international reserve allowances; 
‘‘(B) requiring the submission of appro-
priate amounts of such allowances in conjunc-
tion with the importation into the United States 
of a primary product produced or manufactured 
by that sector; 
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00945
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
946 
‘‘(C) exempting from the requirements of 
subparagraph (B) primary products produced 
in— 
‘‘(i) a foreign country that the United 
Nations has identified as among the least 
developed of developing countries; or 
‘‘(ii) a foreign country that the Presi-
dent has determined to be responsible for 
less than 0.5 percent of total global green-
house gas emissions; and 
‘‘(D) prohibiting the introduction into 
interstate commerce of a primary product with-
out submitting the required number of inter-
national reserve allowances in accordance with 
such regulations, unless the product was pro-
duced by a covered entity under this title, or by 
an entity that is øor could be¿ regulated under 
this title. 
‘‘(2) PURPOSE
OF
PROGRAM.—The Adminis-
trator shall establish the program under paragraph 
(1) in a manner that addresses, consistent with 
international agreements to which the United States 
is a party, the competitive imbalance in the costs of 
producing or manufacturing primary products in in-
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00946
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
947 
dustrial sectors resulting from the difference be-
tween— 
‘‘(A) the direct and indirect costs of com-
plying with this title; and 
‘‘(B) the direct and indirect costs, if any, 
of complying in other countries with greenhouse 
gas regulatory programs, requirements, or ex-
port tariffs, or other measures adopted or im-
posed that are related to the reduction of green-
house gas emissions. 
‘‘(3) EMISSION
ALLOWANCE
REBATES.—The 
Administrator shall take into account the value of 
emission allowance rebates distributed under subpart 
1 when making calculations under paragraph (2). 
‘‘(4) LIMITATION.—The International Reserve 
Allowance Program may not begin before January 1, 
2025. 
‘‘(b) COVERED ENTITIES.—International reserve al-
lowances may not be held by covered entities to comply 
with section 722. 
‘‘Subpart 3—Presidential Determination 
‘‘SEC. 767. PRESIDENTIAL REPORTS AND DETERMINA-
TIONS. 
‘‘(a) REPORT.—Not later than January 1, 2018, the 
President shall submit a report to Congress on the effec-
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00947
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
948 
tiveness of the distribution of emission allowance rebates 
under subpart 1 in mitigating carbon leakage in industrial 
sectors. Such report shall also include— 
‘‘(1) recommendations on how to better achieve 
the purposes of this part, including an assessment of 
the feasibility and usefulness of an International Re-
serve Allowance Program; and 
‘‘(2) an assessment of the amount and duration 
of assistance, including distribution of free allow-
ances, being provided to eligible industrial sectors in 
other developed countries to mitigate costs of com-
pliance with domestic greenhouse gas reduction pro-
grams in such countries. 
‘‘(b) PRESIDENTIAL DETERMINATION.—Not later 
than June 30, 2022, and every four years thereafter, the 
President, in consultation with the Administrator and 
other appropriate agencies, shall determine, for each eligi-
ble industrial sector, whether more than 70 percent of 
global output for that sector is produced or manufactured 
in countries that have met at least one of the following 
criteria: 
‘‘(1) The country is a party to an international 
agreement to which the United States is a party 
that includes a nationally enforceable greenhouse gas 
emissions reduction commitment for that country 
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00948
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
949 
that is at least as stringent as that of the United 
States. 
‘‘(2) The country is a party to a multilateral or 
bilateral emission reduction agreement for that sec-
tor to which the United States is a party. 
‘‘(3) The country has an annual energy or 
greenhouse gas intensity, as described in section 
764(b)(2)(A)(i), for the sector that is equal to or 
less than the energy or greenhouse gas intensity for 
such sector in the United States in the most recent 
calendar year for which data are available. 
‘‘(4) The country has implemented policies, in-
cluding sectoral caps, export tariffs, production fees, 
electricity generation regulations, or greenhouse gas 
emissions fees, that individually or collectively im-
pose an incremental increase on the cost of produc-
tion associated with greenhouse gas emissions from 
the sector that is at least 60 percent of the cost of 
complying with this title in the United States for 
such sector, averaged over a two-year period. 
‘‘(c) EFFECT OF PRESIDENTIAL DETERMINATION.— 
If the President makes a determination under subsection 
(b) with respect to an eligible industrial sector that 70 
percent or less of the global output for the sector is pro-
duced or manufactured in countries that have met one or 
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00949
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
950 
more of the criteria in subsection (b), then the President 
shall, not later than June 30, 2022, and every four years 
thereafter— 
‘‘(1) assess the extent to which the emission al-
lowance rebates provided pursuant to subpart 1 have 
mitigated or addressed, or could mitigate or address, 
carbon leakage in that sector; 
‘‘(2) assess the extent to which an International 
Reserve Allowance Program has mitigated or ad-
dressed, or could mitigate or address, carbon leakage 
in that sector and the feasibility of establishing such 
a program; and 
‘‘(3) with respect to that sector— 
‘‘(A) modify the percentage by which direct 
and indirect carbon factors will be multiplied 
under section 765(a)(1)(B); 
‘‘(B) implement an International Reserve 
Allowance Program under section 766 for the 
products of the sector; or 
‘‘(C) take the actions in both subparagraph 
(A) and (B). 
‘‘(d) REPORT TO CONGRESS.—Not later than June 
30, 2022, and every four years thereafter, the President 
shall transmit to the Congress a report providing notice 
of any determination made under subsection (b), explain-
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00950
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
951 
ing the reasons for such determination, and identifying the 
actions taken by the President under subsection (c). 
‘‘(e) LIMITATION.—The President may only imple-
ment an International Reserve Allowance Program for sec-
tors producing primary products. 
‘‘(f) IRON AND STEEL SECTOR.—For the purposes 
of this subpart, the Administrator shall consider to be in 
the same industrial sector— 
‘‘(1) 
entities 
using 
integrated 
iron 
and 
steelmaking technologies (including coke ovens, blast 
furnaces, and other iron-making technologies); and 
‘‘(2) entities using electric arc furnace tech-
nologies.’’. 
Subtitle B—Green Jobs and 
Worker Transition 
PART 1—GREEN JOBS 
SEC. 421. CLEAN ENERGY CURRICULUM DEVELOPMENT 
GRANTS. 
(a) AUTHORIZATION.—The Secretary of Education is 
authorized to award grants, on a competitive basis, to eli-
gible partnerships to develop programs of study (con-
taining the information described in section 122(c)(1)(A) 
of the Carl D. Perkins Career and Technical Education 
Act of 2006 (20 U.S.C. 2342)), that are focused on emerg-
ing careers and jobs in the fields of clean energy, renew-
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00951
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
952 
able energy, energy efficiency, climate change mitigation, 
and climate change adaptation. The Secretary of Edu-
cation shall consult with the Secretary of Labor and the 
Secretary of Energy prior to the issuance of a solicitation 
for grant applications. 
(b) ELIGIBLE PARTNERSHIPS.—For purposes of this 
section, an eligible partnership shall include— 
(1) at least 1 local educational agency eligible 
for funding under section 131 of the Carl D. Per-
kins Career and Technical Education Act of 2006 
(20 U.S.C. 2351) or an area career and technical 
education school or education service agency de-
scribed in such section; 
(2) at least 1 postsecondary institution eligible 
for funding under section 132 of such Act (20 
U.S.C. 2352); and 
(3) representatives of the community including 
business, labor organizations, and industry that have 
experience in fields as described in subsection (a). 
(c) APPLICATION.—An eligible partnership seeking a 
grant under this section shall submit an application to the 
Secretary at such time and in such manner as the Sec-
retary may require. Applications shall include— 
(1) a description of the eligible partners and 
partnership, the roles and responsibilities of each 
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00952
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
954 
(9) a description of how the program will ad-
dress placement of students in nontraditional fields 
as described in section 3(20) of the Carl D. Perkins 
Career and Technical Education Act of 2006 (20 
U.S.C. 2302(20)); and 
(10) a description of how the applicant proposes 
to consult or has consulted with a labor organiza-
tion, labor management partnership, apprenticeship 
program, or joint apprenticeship and training pro-
gram that provides education and training in the 
field of study for which the applicant proposes to de-
velop a curriculum. 
(d) PRIORITY.—The Secretary shall give priority to 
applications that— 
(1) use online learning or other innovative 
means to deliver the program of study to students, 
educators, and instructors outside of the partner-
ship; and 
(2) focus on low performing students and spe-
cial populations as defined in section 3(29) of the 
Carl D. Perkins Career and Technical Education 
Act of 2006 (20 U.S.C. 2302(29)). 
(e) PEER REVIEW.—The Secretary shall convene a 
peer review process to review applications for grants under 
this section and to make recommendations regarding the 
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00954
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
955 
selection of grantees. Members of the peer review com-
mittee shall include— 
(1) educators who have experience imple-
menting curricula with comparable purposes; and 
(2) business and industry experts in fields as 
described in subsection (a). 
(f) USES OF FUNDS.—Grants awarded under this 
section shall be used for the development, implementation, 
and dissemination of programs of study (as described in 
section 122(c)(1)(A) of the Carl D. Perkins Career and 
Technical Education Act (20 U.S.C. 2342(c)(1)(A))) in 
career areas related to clean energy, renewable energy, en-
ergy efficiency, climate change mitigation, and climate 
change adaptation. 
SEC. 422. INCREASED FUNDING FOR ENERGY WORKER 
TRAINING PROGRAM. 
Section 171(e)(8) of the Workforce Investment Act 
of 1998 (29 U.S.C. 2916(e)(8)) is amended by striking 
‘‘$125,000,000’’ and inserting ‘‘$150,000,000’’. 
PART 2—CLIMATE CHANGE WORKER 
ADJUSTMENT ASSISTANCE 
SEC. 425. PETITIONS, ELIGIBILITY REQUIREMENTS, AND 
DETERMINATIONS. 
(a) PETITIONS.— 
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00955
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
956 
(1) FILING.—A petition for certification of eli-
gibility to apply for adjustment assistance for a 
group of workers under this part may be filed by 
any of the following: 
(A) The group of workers. 
(B) The certified or recognized union or 
other duly authorized representative of such 
workers. 
(C) Employers of such workers, one-stop 
operators or one-stop partners (as defined in 
section 101 of the Workforce Investment Act of 
1998 (29 U.S.C. 2801)), including State em-
ployment security agencies, or the State dis-
located worker unit established under title I of 
such Act, on behalf of such workers. 
The petition shall be filed simultaneously with the 
Secretary of Labor and with the Governor of the 
State in which such workers’ employment site is lo-
cated. 
(2) ACTION BY GOVERNORS.—Upon receipt of a 
petition filed under paragraph (1), the Governor 
shall— 
(A) ensure that rapid response activities 
and appropriate core and intensive services (as 
described in section 134 of the Workforce In-
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00956
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
957 
vestment Act of 1998 (29 U.S.C. 2864)) au-
thorized under other Federal laws are made 
available to the workers covered by the petition 
to the extent authorized under such laws; and 
(B) assist the Secretary in the review of 
the petition by verifying such information and 
providing such other assistance as the Secretary 
may request. 
(3) ACTION BY THE SECRETARY.—Upon receipt 
of the petition, the Secretary shall promptly publish 
notice in the Federal Register and on the website of 
the Department of Labor that the Secretary has re-
ceived the petition and initiated an investigation. 
(4) HEARINGS.—If the petitioner, or any other 
person found by the Secretary to have a substantial 
interest in the proceedings, submits not later than 
10 days after the date of the Secretary’s publication 
under paragraph (3) a request for a hearing, the 
Secretary shall provide for a public hearing and af-
ford such interested persons an opportunity to be 
present, to produce evidence, and to be heard. 
(b) ELIGIBILITY.— 
(1) IN GENERAL.—A group of workers shall be 
certified by the Secretary as eligible to apply for ad-
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00957
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
958 
justment assistance under this part pursuant to a 
petition filed under subsection (a) if— 
(A) the group of workers is employed in— 
(i) energy producing and transforming 
industries; 
(ii) industries dependent upon energy 
industries; 
(iii) energy-intensive manufacturing 
industries; 
(iv) consumer goods manufacturing; 
or 
(v) other industries whose employment 
the Secretary determines has been ad-
versely affected by any requirement of title 
VII of the Clean Air Act; 
(B) the Secretary determines that a sig-
nificant number or proportion of the workers in 
such workers’ employment site have become to-
tally or partially separated, or are threatened to 
become totally or partially separated from em-
ployment; and 
(C) the sales, production, or delivery of 
goods or services have decreased as a result of 
any requirement of title VII of the Clean Air 
Act, including— 
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00958
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
959 
(i) the shift from reliance upon fossil 
fuels to other sources of energy, including 
renewable energy, that results in the clos-
ing of a facility or layoff of employees at 
a facility that mines, produces, processes, 
or utilizes fossil fuels to generate elec-
tricity; 
(ii) a substantial increase in the cost 
of energy required for a manufacturing fa-
cility to produce items whose prices are 
competitive in the marketplace, to the ex-
tent the cost is not offset by allowance al-
location to the facility pursuant to title VII 
of the Clean Air Act; or 
(iii) other documented occurrences 
that the Secretary determines are indica-
tors of an adverse impact on an industry 
described in subparagraph (A) as a result 
of any requirement of title VII of the 
Clean Air Act. 
(2) WORKERS IN PUBLIC AGENCIES.—A group 
of workers in a public agency shall be certified by 
the Secretary as eligible to apply for climate change 
adjustment assistance pursuant to a petition filed if 
the Secretary determines that a significant number 
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00959
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
960 
or proportion of the workers in the public agency 
have become totally or partially separated from em-
ployment, or are threatened to become totally or 
partially separated as a result of any requirement of 
title VII of the Clean Air Act. 
(3) ADVERSELY
AFFECTED
SERVICE
WORK-
ERS.—A group of workers shall be certified as eligi-
ble to apply for climate change adjustment assist-
ance pursuant to a petition filed if the Secretary de-
termines that— 
(A) a significant number or proportion of 
the service workers at an employment site 
where a group of workers has been certified by 
the Secretary as eligible to apply for adjustment 
assistance under this part pursuant to para-
graph (1) have become totally or partially sepa-
rated from employment, or are threatened to 
become totally or partially separated; and 
(B) a loss of business in the firm providing 
service workers to an employment site is di-
rectly attributable to one or more of the docu-
mented occurrences listed in paragraph (1)(C). 
(c) AUTHORITY TO INVESTIGATE AND COLLECT IN-
FORMATION.— 
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00960
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
961 
(1) IN GENERAL.—The Secretary shall, in de-
termining whether to certify a group of workers 
under subsection (d), obtain information the Sec-
retary determines to be necessary to make the cer-
tification, through questionnaires and in such other 
manner as the Secretary determines appropriate 
from— 
(A) the workers’ employer; 
(B) officials of certified or recognized 
unions or other duly authorized representatives 
of the group of workers; or 
(C) one-stop operators or one-stop partners 
(as defined in section 101 of the Workforce In-
vestment Act of 1998 (29 U.S.C. 2801)); or 
(2) VERIFICATION OF INFORMATION.—The Sec-
retary shall require an employer, union, or one-stop 
operator or partner to certify all information ob-
tained under paragraph (1) from the employer, 
union, or one-stop operator or partner (as the case 
may be) on which the Secretary relies in making a 
determination under subsection (d), unless the Sec-
retary has a reasonable basis for determining that 
such information is accurate and complete without 
being certified. 
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00961
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
962 
(3) PROTECTION OF CONFIDENTIAL INFORMA-
TION.—The Secretary may not release information 
obtained under paragraph (1) that the Secretary 
considers to be confidential business information un-
less the employer submitting the confidential busi-
ness information had notice, at the time of submis-
sion, that the information would be released by the 
Secretary, or the employer subsequently consents to 
the release of the information. Nothing in this para-
graph shall be construed to prohibit the Secretary 
from providing such confidential business informa-
tion to a court in camera or to another party under 
a protective order issued by a court. 
(d) DETERMINATION
BY
THE
SECRETARY
OF 
LABOR.— 
(1) IN GENERAL.—As soon as possible after the 
date on which a petition is filed under subsection 
(a), but in any event not later than 40 days after 
that date, the Secretary, in consultation with the 
Secretary of Energy and the Administrator, as nec-
essary, shall determine whether the petitioning 
group meets the requirements of subsection (b) and 
shall issue a certification of eligibility to apply for 
assistance under this part covering workers in any 
group which meets such requirements. Each certifi-
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00962
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
963 
cation shall specify the date on which the total or 
partial separation began or threatened to begin. 
Upon reaching a determination on a petition, the 
Secretary shall promptly publish a summary of the 
determination in the Federal Register and on the 
website of the Department of Labor, together with 
the Secretary’s reasons for making such determina-
tion. 
(2) ONE
YEAR
LIMITATION.—A certification 
under this section shall not apply to any worker 
whose last total or partial separation from the em-
ployment site before the worker’s application under 
section 426(a) occurred more than 1 year before the 
date of the petition on which such certification was 
granted. 
(3) REVOCATION
OF
CERTIFICATION.—When-
ever the Secretary determines, with respect to any 
certification of eligibility of the workers of an em-
ployment site, that total or partial separations from 
such site are no longer a result of the factors speci-
fied in subsection (b)(1), the Secretary shall termi-
nate such certification and promptly have notice of 
such termination published in the Federal Register 
and on the website of the Department of Labor, to-
gether with the Secretary’s reasons for making such 
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00963
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
964 
determination. Such termination shall apply only 
with respect to total or partial separations occurring 
after the termination date specified by the Secretary. 
(e) INDUSTRY NOTIFICATION
OF ASSISTANCE.— 
Upon receiving a notification of a determination under 
subsection (d) with respect to a domestic industry the Sec-
retary of Labor shall notify the representatives of the do-
mestic industry affected by the determination, employers 
publicly identified by name during the course of the pro-
ceeding relating to the determination, and any certified 
or recognized union or, to the extent practicable, other 
duly authorized representative of workers employed by 
such representatives of the domestic industry, of— 
(1) the adjustment allowances, training, and 
other benefits available under this part; 
(2) the manner in which to file a petition and 
apply for such benefits; and 
(3) the availability of assistance in filing such 
petitions; 
(4) notify the Governor of each State in which 
one or more employers in such industry are located 
of the Secretary’s determination and the identity of 
the employers; and 
(5) upon request, provide any assistance that is 
necessary to file a petition under subsection (a). 
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00964
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
965 
(f) BENEFIT INFORMATION
TO WORKERS, PRO-
VIDERS OF TRAINING.— 
(1) IN GENERAL.—The Secretary shall provide 
full information to workers about the adjustment al-
lowances, training, and other benefits available 
under this part and about the petition and applica-
tion procedures, and the appropriate filing dates, for 
such allowances, training and services. The Sec-
retary shall provide whatever assistance is necessary 
to enable groups of workers to prepare petitions or 
applications for program benefits. The Secretary 
shall make every effort to insure that cooperating 
State agencies fully comply with the agreements en-
tered into under section 426(a) and shall periodically 
review such compliance. The Secretary shall inform 
the State Board for Vocational Education or equiva-
lent agency, the one-stop operators or one-stop part-
ners (as defined in section 101 of the Workforce In-
vestment Act of 1998 (29 U.S.C. 2801), and other 
public or private agencies, institutions, and employ-
ers, as appropriate, of each certification issued 
under subsection (d) and of projections, if available, 
of the needs for training under as a result of such 
certification. 
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00965
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
966 
(2) NOTICE BY MAIL.—The Secretary shall pro-
vide written notice through the mail of the benefits 
available under this part to each worker whom the 
Secretary has reason to believe is covered by a cer-
tification made under subsection (d)— 
(A) at the time such certification is made, 
if the worker was partially or totally separated 
from the adversely affected employment before 
such certification, or— 
(B) at the time of the total or partial sepa-
ration of the worker from the adversely affected 
employment, if subparagraph (A) does not 
apply. 
(3) NEWSPAPERS; WEBSITE.—The Secretary 
shall publish notice of the benefits available under 
this part to workers covered by each certification 
made under subsection (d) in newspapers of general 
circulation in the areas in which such workers reside 
and shall make such information available on the 
website of the Department of Labor. 
SEC. 426. PROGRAM BENEFITS. 
(a) CLIMATE CHANGE ADJUSTMENT ALLOWANCE.— 
(1) ELIGIBILITY.—Payment of a climate change 
adjustment allowance shall be made to an adversely 
affected worker covered by a certification under sec-
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00966
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
967 
tion 425(b) who files an application for such allow-
ance for any week of unemployment which begins on 
or after the date of such certification, if the fol-
lowing conditions are met: 
(A) Such worker’s total or partial separa-
tion before the worker’s application under this 
part occurred— 
(i) on or after the date, as specified in 
the certification under which the worker is 
covered, on which total or partial separa-
tion began or threatened to begin in the 
adversely affected employment; 
(ii) before the expiration of the 2-year 
period beginning on the date on which the 
determination under section 425(d) was 
made; and 
(iii) before the termination date, if 
any, 
determined 
pursuant 
to 
section 
425(d)(3). 
(B) Such worker had, in the 52-week pe-
riod ending with the week in which such total 
or partial separation occurred, at least 26 
weeks of full-time employment or 1,040 hours 
of part time employment in adversely affected 
employment, or, if data with respect to weeks of 
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00967
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
968 
employment 
are 
not 
available, 
equivalent 
amounts of employment computed under regu-
lations prescribed by the Secretary. For the 
purposes of this paragraph, any week in which 
such worker— 
(i) is on employer-authorized leave for 
purposes of vacation, sickness, injury, ma-
ternity, or inactive duty or active duty 
military service for training; 
(ii) does not work because of a dis-
ability that is compensable under a work-
men’s compensation law or plan of a State 
or the United States; 
(iii) had his employment interrupted 
in order to serve as a full-time representa-
tive of a labor organization in such firm; or 
(iv) is on call-up for purposes of active 
duty in a reserve status in the Armed 
Forces of the United States, provided such 
active duty is ‘‘Federal service’’ as defined 
in section 8521(a)(1) of title 5, United 
States Code, 
shall be treated as a week of employment. 
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00968
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
969 
(C) Such worker is enrolled in a training 
program approved by the Secretary under sub-
section (b)(2). 
(2) INELIGIBILITY FOR CERTAIN OTHER BENE-
FITS.—An adversely affected worker receiving a pay-
ment under this section shall be ineligible to receive 
any other form of unemployment insurance for the 
period in which such worker is receiving a climate 
change adjustment allowance under this section. 
(3) REVOCATION.—If— 
(A) the Secretary determines that— 
(i) the adversely affected worker— 
(I) has failed to begin participa-
tion in the training program the en-
rollment in which meets the require-
ment of paragraph (1)(C); or 
(II) has ceased to participate in 
such training program before com-
pleting such training program; and 
(ii) there is no justifiable cause for 
such failure or cessation; or 
(B) the certification made with respect to 
such worker under section 425(d) is revoked 
under paragraph (3) of such section, 
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00969
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
970 
no adjustment allowance may be paid to the ad-
versely affected worker under this part for the week 
in which such failure, cessation, or revocation oc-
curred, or any succeeding week, until the adversely 
affected worker begins or resumes participation in a 
training program approved by the Secretary under 
section (b)(2). 
(4) WAIVERS OF TRAINING REQUIREMENTS.— 
The Secretary may issue a written statement to an 
adversely affected worker waiving the requirement to 
be enrolled in training described in subsection (b)(2) 
if the Secretary determines that it is not feasible or 
appropriate for the worker, because of 1 or more of 
the following reasons: 
(A) RECALL.—The worker has been noti-
fied that the worker will be recalled by the em-
ployer from which the separation occurred. 
(B) MARKETABLE SKILLS.— 
(i) IN
GENERAL.—The worker pos-
sesses marketable skills for suitable em-
ployment (as determined pursuant to an 
assessment of the worker, which may in-
clude the profiling system under section 
303(j) of the Social Security Act (42 
U.S.C. 503(j)), carried out in accordance 
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00970
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
971 
with guidelines issued by the Secretary) 
and there is a reasonable expectation of 
employment at equivalent wages in the 
foreseeable future. 
(ii) MARKETABLE SKILLS DEFINED.— 
For purposes of clause (i), the term ‘‘mar-
ketable skills’’ may include the possession 
of a postgraduate degree from an institu-
tion of higher education (as defined in sec-
tion 102 of the Higher Education Act of 
1965 (20 U.S.C. 1002)) or an equivalent 
institution, or the possession of an equiva-
lent postgraduate certification in a special-
ized field. 
(C) RETIREMENT.—The worker is within 2 
years of meeting all requirements for entitle-
ment to either— 
(i) old-age insurance benefits under 
title II of the Social Security Act (42 
U.S.C. 401 et seq.) (except for application 
therefor); or 
(ii) a private pension sponsored by an 
employer or labor organization. 
(D) HEALTH.—The worker is unable to 
participate in training due to the health of the 
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00971
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
972 
worker, except that a waiver under this sub-
paragraph shall not be construed to exempt a 
worker from requirements relating to the avail-
ability for work, active search for work, or re-
fusal to accept work under Federal or State un-
employment compensation laws. 
(E) 
ENROLLMENT
UNAVAILABLE.—The 
first available enrollment date for the training 
of the worker is within 60 days after the date 
of the determination made under this para-
graph, or, if later, there are extenuating cir-
cumstances for the delay in enrollment, as de-
termined pursuant to guidelines issued by the 
Secretary. 
(F) TRAINING NOT AVAILABLE.—Training 
described in subsection (b)(2) is not reasonably 
available to the worker from either govern-
mental agencies or private sources (which may 
include area career and technical education 
schools, as defined in section 3 of the Carl D. 
Perkins Career and Technical Education Act of 
2006 (20 U.S.C. 2302), and employers), no 
training that is suitable for the worker is avail-
able at a reasonable cost, or no training funds 
are available. 
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00972
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
973 
(5) WEEKLY
AMOUNTS.—The climate change 
adjustment allowance payable to an adversely af-
fected worker for a week of unemployment shall be 
an amount equal to 70 percent of the average weekly 
wage of such worker, but in no case shall such 
amount exceed the average weekly wage for all work-
ers in the State where the adversely affected worker 
resides. 
(6) MAXIMUM DURATION OF BENEFITS.—An el-
igible worker may receive a climate change adjust-
ment allowance under this subsection for a period of 
not longer than 156 weeks. 
(b) EMPLOYMENT SERVICES AND TRAINING.— 
(1) INFORMATION
AND
EMPLOYMENT
SERV-
ICES.—The Secretary shall make available, directly 
or through agreements with the States under section 
427(a) to adversely affected workers covered by a 
certification under section 425(a) the following in-
formation and employment services: 
(A) Comprehensive and specialized assess-
ment of skill levels and service needs, including 
through— 
(i) diagnostic testing and use of other 
assessment tools; and 
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00973
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
974 
(ii) in-depth interviewing and evalua-
tion to identify employment barriers and 
appropriate employment goals. 
(B) Development of an individual employ-
ment plan to identify employment goals and ob-
jectives, and appropriate training to achieve 
those goals and objectives. 
(C) Information on training available in 
local and regional areas, information on indi-
vidual counseling to determine which training is 
suitable training, and information on how to 
apply for such training. 
(D) Information on training programs and 
other services provided by a State pursuant to 
title I of the Workforce Investment Act of 1998 
and available in local and regional areas, infor-
mation on individual counseling to determine 
which training is suitable training, and informa-
tion on how to apply for such training. 
(E) Information on how to apply for finan-
cial aid, including referring workers to edu-
cational opportunity centers described in section 
402F of the Higher Education Act of 1965 (20 
U.S.C. 1070a–16), where applicable, and noti-
fying workers that the workers may request fi-
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00974
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
975 
nancial aid administrators at institutions of 
higher education (as defined in section 102 of 
such Act (20 U.S.C. 1002)) to use the adminis-
trators’ discretion under section 479A of such 
Act (20 U.S.C. 1087tt) to use current year in-
come data, rather than preceding year income 
data, for determining the amount of need of the 
workers for Federal financial assistance under 
title IV of such Act (20 U.S.C. 1070 et seq.). 
(F) Short-term prevocational services, in-
cluding development of learning skills, commu-
nications skills, interviewing skills, punctuality, 
personal maintenance skills, and professional 
conduct to prepare individuals for employment 
or training. 
(G) Individual career counseling, including 
job search and placement counseling, during the 
period in which the individual is receiving a cli-
mate change adjustment allowance or training 
under this part, and after receiving such train-
ing for purposes of job placement. 
(H) Provision of employment statistics in-
formation, including the provision of accurate 
information relating to local, regional, and na-
tional labor market areas, including— 
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00975
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
976 
(i) job vacancy listings in such labor 
market areas; 
(ii) information on jobs skills nec-
essary to obtain jobs identified in job va-
cancy listings described in subparagraph 
(A); 
(iii) information relating to local occu-
pations that are in demand and earnings 
potential of such occupations; and 
(iv) skills requirements for local occu-
pations described in subparagraph (C). 
(I) Information relating to the availability 
of supportive services, including services relat-
ing to child care, transportation, dependent 
care, housing assistance, and need-related pay-
ments that are necessary to enable an indi-
vidual to participate in training. 
(2) TRAINING.— 
(A) APPROVAL
OF
AND
PAYMENT
FOR 
TRAINING.—If the Secretary determines, with 
respect to an adversely affected worker that— 
(i) there is no suitable employment 
(which may include technical and profes-
sional employment) available for an ad-
versely affected worker; 
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00976
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
977 
(ii) the worker would benefit from ap-
propriate training; 
(iii) there is a reasonable expectation 
of employment following completion of 
such training; 
(iv) training approved by the Sec-
retary is reasonably available to the worker 
from either governmental agencies or pri-
vate sources (including area career and 
technical education schools, as defined in 
section 3 of the Carl D. Perkins Career 
and Technical Education Act of 2006, and 
employers); 
(v) the worker is qualified to under-
take and complete such training; and 
(vi) such training is suitable for the 
worker and available at a reasonable cost, 
the Secretary shall approve such training for 
the worker. Upon such approval, the worker 
shall be entitled to have payment of the costs 
of such training (subject to the limitations im-
posed by this section) paid on the worker’s be-
half by the Secretary directly or through a 
voucher system. 
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00977
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
978 
(B) DISTRIBUTION.—The Secretary shall 
establish procedures for the distribution of the 
funds to States to carry out the training pro-
grams approved under this paragraph, and shall 
make an initial distribution of the funds made 
available as soon as practicable after the begin-
ning of each fiscal year. 
(C) ADDITIONAL
RULES
REGARDING
AP-
PROVAL OF AND PAYMENT FOR TRAINING.— 
(i) For purposes of applying subpara-
graph (A)(iii), a reasonable expectation of 
employment does not require that employ-
ment opportunities for a worker be avail-
able, or offered, immediately upon the 
completion of training approved under 
such subparagraph. 
(ii) If the costs of training an ad-
versely affected worker are paid by the 
Secretary under subparagraph (A), no 
other payment for such costs may be made 
under any other provision of Federal law. 
No payment may be made under subpara-
graph (A) of the costs of training an ad-
versely affected worker or an adversely af-
fected incumbent worker if such costs— 
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00978
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
979 
(I) have already been paid under 
any other provision of Federal law; or 
(II) are reimbursable under any 
other provision of Federal law and a 
portion of such costs have already 
been paid under such other provision 
of Federal law. 
The provisions of this clause shall not 
apply to, or take into account, any funds 
provided under any other provision of Fed-
eral law which are used for any purpose 
other than the direct payment of the costs 
incurred in training a particular adversely 
affected worker, even if such use has the 
effect of indirectly paying or reducing any 
portion of the costs involved in training the 
adversely affected worker. 
(D) TRAINING
PROGRAMS.—The training 
programs that may be approved under subpara-
graph (A) include— 
(i) employer-based training, includ-
ing— 
(I) on-the-job training if ap-
proved by the Secretary under sub-
section (c); and 
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00979
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
980 
(II) joint labor-management ap-
prenticeship programs; 
(ii) any training program provided by 
a State pursuant to title I of the Work-
force Investment Act of 1998; 
(iii) any training program approved 
by a private industry council established 
under section 102 of such Act; 
(iv) any programs in career and tech-
nical education described in section 3(5) of 
the Carl D. Perkins Career and Technical 
Education Act of 2006; 
(v) any program of remedial edu-
cation; 
(vi) any program of prerequisite edu-
cation or coursework required to enroll in 
training that may be approved under this 
paragraph; 
(vii) any training program for which 
all, or any portion, of the costs of training 
the worker are paid— 
(I) under any Federal or State 
program other than this part; or 
(II) from any source other than 
this part; 
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00980
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
981 
(viii) 
any 
training 
program 
or 
coursework at an accredited institution of 
higher education (described in section 102 
of the Higher Education Act of 1965 (20 
U.S.C. 1002)), including a training pro-
gram or coursework for the purpose of— 
(I) obtaining a degree or certifi-
cation; or 
(II) completing a degree or cer-
tification that the worker had pre-
viously begun at an accredited institu-
tion of higher education; and 
(ix) any other training program ap-
proved by the Secretary. 
(3) SUPPLEMENTAL
ASSISTANCE.—The Secretary 
may, as appropriate, authorize supplemental assistance 
that is necessary to defray reasonable transportation and 
subsistence expenses for separate maintenance in a case 
in which training for a worker is provided in a facility that 
is not within commuting distance of the regular place of 
residence of the worker. 
(c) ON-THE-JOB TRAINING REQUIREMENTS.— 
(1) IN GENERAL.—The Secretary may approve 
on-the-job training for any adversely affected worker 
if— 
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00981
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
982 
(A) the Secretary determines that on-the- 
job training— 
(i) can reasonably be expected to lead 
to suitable employment with the employer 
offering the on-the-job training; 
(ii) is compatible with the skills of the 
worker; 
(iii) includes a curriculum through 
which the worker will gain the knowledge 
or skills to become proficient in the job for 
which the worker is being trained; and 
(iv) can be measured by benchmarks 
that indicate that the worker is gaining 
such knowledge or skills; and 
(B) the State determines that the on-the- 
job training program meets the requirements of 
clauses (iii) and (iv) of subparagraph (A). 
(2) MONTHLY PAYMENTS.—The Secretary shall 
pay the costs of on-the-job training approved under 
paragraph (1) in monthly installments. 
(3) CONTRACTS FOR ON-THE-JOB TRAINING.— 
(A) IN GENERAL.—The Secretary shall en-
sure, in entering into a contract with an em-
ployer to provide on-the-job training to a work-
er under this subsection, that the skill require-
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00982
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
983 
ments of the job for which the worker is being 
trained, the academic and occupational skill 
level of the worker, and the work experience of 
the worker are taken into consideration. 
(B) TERM OF CONTRACT.—Training under 
any such contract shall be limited to the period 
of time required for the worker receiving on- 
the-job training to become proficient in the job 
for which the worker is being trained, but may 
not exceed 156 weeks in any case. 
(4) EXCLUSION OF CERTAIN EMPLOYERS.—The 
Secretary shall not enter into a contract for on-the- 
job training with an employer that exhibits a pattern 
of failing to provide workers receiving on-the-job 
training from the employer with— 
(A) continued, long-term employment as 
regular employees; and 
(B) wages, benefits, and working condi-
tions that are equivalent to the wages, benefits, 
and working conditions provided to regular em-
ployees who have worked a similar period of 
time and are doing the same type of work as 
workers receiving on-the-job training from the 
employer. 
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00983
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
984 
(d) ADMINISTRATIVE AND EMPLOYMENT SERVICES 
FUNDING.— 
(1) ADMINISTRATIVE FUNDING.—In addition to 
any funds made available to a State to carry out this 
section for a fiscal year, the State shall receive for 
the fiscal year a payment in an amount that is equal 
to 15 percent of the amount of such funds and 
shall— 
(A) use not more than 2⁄3 of such payment 
for the administration of the climate change ad-
justment assistance for workers program under 
this part, including for— 
(i) processing waivers of training re-
quirements under subsection (a)(4); 
(ii) collecting, validating, and report-
ing data required under this part; and 
(iii) administering the Climate Change 
Adjustment Assistance Allowance pay-
ments; and 
(B) use not less than 1⁄3 of such payment 
for information and employment services under 
subsection (b)(1). 
(2) EMPLOYMENT SERVICES FUNDING.— 
(A) IN
GENERAL.—In addition to any 
funds made available to a State to carry out 
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00984
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
985 
subsection (b)(2) and the payment under para-
graph (1) for a fiscal year, the Secretary shall 
provide to the State for the fiscal year a reason-
able payment for the purpose of providing em-
ployment and services under subsection (b)(1). 
(B) VOLUNTARY RETURN OF FUNDS.—A 
State that receives a payment under subpara-
graph (A) may decline or otherwise return such 
payment to the Secretary. 
(e) JOB SEARCH ALLOWANCES.—The Secretary of 
Labor may provide adversely affected workers a one-time 
job search allowance in accordance with regulations pre-
scribed by the Secretary. Any job search allowance pro-
vided shall be available only under the following cir-
cumstances and conditions: 
(1) The worker is no longer eligible for the cli-
mate change adjustment allowance under subsection 
(a) and has completed the training program required 
by subsection (a)(1)(E). 
(2) The Secretary determines that the worker 
cannot reasonably be expected to secure suitable em-
ployment in the commuting area in which the worker 
resides. 
(3) An allowance granted shall provide reim-
bursement to the worker of all necessary job search 
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00985
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
986 
expenses as prescribed by the Secretary in regula-
tions. Such reimbursement under this subsection 
may not exceed $1,500 for any worker. 
(f) RELOCATION ALLOWANCE AUTHORIZED.— 
(1) IN GENERAL.—Any adversely affected work-
er covered by a certification issued under section 
425 may file an application for a relocation allow-
ance with the Secretary, and the Secretary may 
grant the relocation allowance, subject to the terms 
and conditions of this subsection. 
(2) CONDITIONS FOR GRANTING ALLOWANCE.— 
A relocation allowance may be granted if all of the 
following terms and conditions are met: 
(A) ASSIST
AN
ADVERSELY
AFFECTED 
WORKER.—The relocation allowance will assist 
an adversely affected worker in relocating with-
in the United States. 
(B) LOCAL
EMPLOYMENT
NOT
AVAIL-
ABLE.—The Secretary determines that the 
worker cannot reasonably be expected to secure 
suitable employment in the commuting area in 
which the worker resides. 
(C) TOTAL SEPARATION.—The worker is 
totally separated from employment at the time 
relocation commences. 
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00986
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
987 
(D) SUITABLE EMPLOYMENT OBTAINED.— 
The worker— 
(i) has obtained suitable employment 
affording a reasonable expectation of long- 
term duration in the area in which the 
worker wishes to relocate; or 
(ii) has obtained a bona fide offer of 
such employment. 
(E) APPLICATION.—The worker filed an 
application with the Secretary at such time and 
in such manner as the Secretary shall specify 
by regulation. 
(3) AMOUNT OF ALLOWANCE.—The relocation 
allowance granted to a worker under paragraph (1) 
includes— 
(A) all reasonable and necessary expenses 
(including, subsistence and transportation ex-
penses at levels not exceeding amounts pre-
scribed by the Secretary in regulations) in-
curred in transporting the worker, the worker’s 
family, and household effects; and 
(B) a lump sum equivalent to 3 times the 
worker’s average weekly wage, up to a max-
imum payment of $1,500. 
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00987
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
988 
(4) LIMITATIONS.—A relocation allowance may 
not be granted to a worker unless— 
(A) the relocation occurs within 182 days 
after the filing of the application for relocation 
assistance; or 
(B) the relocation occurs within 182 days 
after the conclusion of training, if the worker 
entered a training program approved by the 
Secretary under subsection (b)(2). 
(g) HEALTH INSURANCE CONTINUATION.—Not later 
than 1 year after the date of enactment of this part, the 
Secretary of Labor shall prescribe regulations to provide, 
for the period in which an adversely affected worker is 
participating in a training program described in sub-
section (b)(2), 80 percent of the monthly premium of any 
health insurance coverage that an adversely affected work-
er was receiving from such worker’s employer prior to the 
separation from employment described in section 425(b), 
to be paid to any health care insurance plan designated 
by the adversely affected worker receiving an allowance 
under this section. 
SEC. 427. GENERAL PROVISIONS. 
(a) AGREEMENTS WITH STATES.— 
(1) IN GENERAL.—The Secretary is authorized 
on behalf of the United States to enter into an 
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00988
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
989 
agreement with any State, or with any State agency 
(referred to in this section as ‘‘cooperating States’’ 
and ‘‘cooperating States agencies’’ respectively). 
Under such an agreement, the cooperating State 
agency— 
(A) as agent of the United States, shall re-
ceive applications for, and shall provide, pay-
ments on the basis provided in this part; 
(B) in accordance with paragraph (6), 
shall make available to adversely affected work-
ers covered by a certification under section 
425(d) the employment services described in 
section 426(b)(1); 
(C) shall make any certifications required 
under section 425(d); 
(D) shall otherwise cooperate with the Sec-
retary and with other State and Federal agen-
cies in providing payments and services under 
this part. 
Each agreement under this section shall provide the 
terms and conditions upon which the agreement may 
be amended, suspended, or terminated. 
(2) FORM
AND
MANNER
OF
DATA.—Each 
agreement under this section shall— 
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00989
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
990 
(A) provide the Secretary with the author-
ity to collect any data the Secretary determines 
necessary to meet the requirements of this part; 
and 
(B) specify the form and manner in which 
any such data requested by the Secretary shall 
be reported. 
(3) RELATIONSHIP TO UNEMPLOYMENT INSUR-
ANCE.—Each agreement under this section shall 
provide that an adversely affected worker receiving 
a climate change adjustment allowance under this 
part shall not be eligible for unemployment insur-
ance otherwise payable to such worker under the 
laws of the State. 
(4) REVIEW.—A determination by a cooper-
ating State agency with respect to entitlement to 
program benefits under an agreement is subject to 
review in the same manner and to the same extent 
as determinations under the applicable State law 
and only in that manner and to that extent. 
(5) COORDINATION.—Any agreement entered 
into under this section shall provide for the coordi-
nation of the administration of the provisions for 
employment services, training, and supplemental as-
sistance under section 426 and under title I of the 
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00990
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
991 
Workforce Investment Act of 1998 upon such terms 
and conditions as are established by the Secretary in 
consultation with the States and set forth in such 
agreement. Any agency of the State jointly admin-
istering such provisions under such agreement shall 
be considered to be a cooperating State agency for 
purposes of this part. 
(6) RESPONSIBILITIES OF COOPERATING AGEN-
CIES.—Each cooperating State agency shall, in car-
rying out paragraph (1)(B)— 
(A) advise each worker who applies for un-
employment insurance of the benefits under this 
part and the procedures and deadlines for ap-
plying for such benefits; 
(B) facilitate the early filing of petitions 
under section 425(a) for any workers that the 
agency considers are likely to be eligible for 
benefits under this part; 
(C) advise each adversely affected worker 
to apply for training under section 426(b) be-
fore, or at the same time, the worker applies for 
climate change adjustment allowances under 
section 426(a); 
(D) perform outreach to, intake of, and 
orientation for adversely affected workers and 
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00991
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
992 
adversely affected incumbent workers covered 
by a certification under section 426(a) with re-
spect to assistance and benefits available under 
this part; 
(E) make employment services described in 
section 426(b)(1) available to adversely affected 
workers and adversely affected incumbent work-
ers covered by a certification under section 
425(d) and, if funds provided to carry out this 
part are insufficient to make such services 
available, make arrangements to make such 
services available through other Federal pro-
grams; and 
(F) provide the benefits and reemployment 
services under this part in a manner that is 
necessary for the proper and efficient adminis-
tration of this part, including the use of state 
agency personnel employed in accordance with a 
merit system of personnel administration stand-
ards, including— 
(i) making determinations of eligibility 
for, and payment of, climate change read-
justment allowances and health care ben-
efit replacement amounts; 
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00992
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
993 
(ii) developing recommendations re-
garding payments as a bridge to retire-
ment and lump sum payments to pension 
plans in accordance with this subsection; 
and 
(iii) the provision of reemployment 
services to eligible workers, including refer-
ral to training services. 
(7) In order to promote the coordination of 
workforce investment activities in each State with 
activities carried out under this part, any agreement 
entered into under this section shall provide that the 
State shall submit to the Secretary, in such form as 
the Secretary may require, the description and infor-
mation described in paragraphs (8) and (14) of sec-
tion 112(b) of the Workforce Investment Act of 
1998 (29 U.S.C. 2822(b)) and a description of the 
State’s rapid response activities under section 
221(a)(2)(A). 
(8) CONTROL MEASURES.— 
(A) IN GENERAL.—The Secretary shall re-
quire each cooperating State and cooperating 
State agency to implement effective control 
measures and to effectively oversee the oper-
ation and administration of the climate change 
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00993
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
994 
adjustment assistance program under this part, 
including by means of monitoring the operation 
of control measures to improve the accuracy 
and timeliness of the data being collected and 
reported. 
(B) DEFINITION.—For purposes of sub-
paragraph (A), the term ‘‘control measures’’ 
means measures that— 
(i) are internal to a system used by a 
State to collect data; and 
(ii) are designed to ensure the accu-
racy and verifiability of such data. 
(9) DATA REPORTING.— 
(A) IN GENERAL.—Any agreement entered 
into under this section shall require the cooper-
ating State or cooperating State agency to re-
port to the Secretary on a quarterly basis com-
prehensive performance accountability data, to 
consist of— 
(i) the core indicators of performance 
described in subparagraph (B)(i); 
(ii) the additional indicators of per-
formance 
described 
in 
subparagraph 
(B)(ii), if any; and 
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00994
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
995 
(iii) a description of efforts made to 
improve outcomes for workers under the 
climate change adjustment assistance pro-
gram. 
(B) CORE INDICATORS DESCRIBED.— 
(i) IN GENERAL.—The core indicators 
of performance described in this subpara-
graph are— 
(I) the percentage of workers re-
ceiving benefits under this part who 
are employed during the second cal-
endar quarter following the calendar 
quarter in which the workers cease re-
ceiving such benefits; 
(II) the percentage of such work-
ers who are employed in each of the 
third and fourth calendar quarters fol-
lowing the calendar quarter in which 
the workers cease receiving such bene-
fits; and 
(III) the earnings of such work-
ers in each of the third and fourth 
calendar quarters following the cal-
endar quarter in which the workers 
cease receiving such benefits. 
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00995
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
996 
(ii) ADDITIONAL
INDICATORS.—The 
Secretary and a cooperating State or co-
operating State agency may agree upon 
additional indicators of performance for 
the climate change adjustment assistance 
program under this part, as appropriate. 
(C) STANDARDS WITH RESPECT TO RELI-
ABILITY OF DATA.—In preparing the quarterly 
report required by subparagraph (A), each co-
operating State or cooperating State agency 
shall establish procedures that are consistent 
with guidelines to be issued by the Secretary to 
ensure that the data reported are valid and reli-
able. 
(10) VERIFICATION OF ELIGIBILITY FOR PRO-
GRAM BENEFITS.— 
(A) IN
GENERAL.—An agreement under 
this section shall provide that the State shall 
periodically redetermine that a worker receiving 
benefits under this part who is not a citizen or 
national of the United States remains in a sat-
isfactory immigration status. Once satisfactory 
immigration status has been initially verified 
through the immigration status verification sys-
tem described in section 1137(d) of the Social 
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00996
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
997 
Security Act (42 U.S.C. 1320b-7(d)) for pur-
poses of establishing a worker’s eligibility for 
unemployment compensation, the State shall 
reverify the worker’s immigration status if the 
documentation 
provided 
during 
initial 
verification will expire during the period in 
which that worker is potentially eligible to re-
ceive benefits under this part. The State shall 
conduct such redetermination in a timely man-
ner, utilizing the immigration status verification 
system described in section 1137(d) of the So-
cial Security Act (42 U.S.C. 1320b-7(d)). 
(B) PROCEDURES.—The Secretary shall 
establish procedures to ensure the uniform ap-
plication by the States of the requirements of 
this paragraph. 
(b) 
ADMINISTRATION
ABSENT
STATE
AGREE-
MENT.— 
(1) In any State where there is no agreement 
in force between a State or its agency under sub-
section (a), the Secretary shall promulgate regula-
tions for the performance of all necessary functions 
under section 426, including provision for a fair 
hearing for any worker whose application for pay-
ments is denied. 
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00997
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
998 
(2) A final determination under paragraph (1) 
with respect to entitlement to program benefits 
under section 426 is subject to review by the courts 
in the same manner and to the same extent as is 
provided by section 205(g) of the Social Security Act 
(42 U.S.C. 405(g)). 
(c) PROHIBITION ON CONTRACTING WITH PRIVATE 
ENTITIES.—Neither the Secretary nor a State may con-
tract with any private for-profit or nonprofit entity for the 
administration of the climate change adjustment assist-
ance program under this part. 
(d) PAYMENT TO THE STATES.— 
(1) IN
GENERAL.—The Secretary shall from 
time to time certify to the Secretary of the Treasury 
for payment to each cooperating State the sums nec-
essary to enable such State as agent of the United 
States to make payments provided for by this part. 
(2) RESTRICTION.—All money paid a State 
under this subsection shall be used solely for the 
purposes for which it is paid; and money so paid 
which is not used for such purposes shall be re-
turned, at the time specified in the agreement under 
this section, to the Secretary of the Treasury. 
(3) BONDS.—Any agreement under this section 
may require any officer or employee of the State cer-
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00998
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
999 
tifying payments or disbursing funds under the 
agreement or otherwise participating in the perform-
ance of the agreement, to give a surety bond to the 
United States in such amount as the Secretary may 
deem necessary, and may provide for the payment of 
the cost of such bond from funds for carrying out 
the purposes of this part. 
(e) LABOR STANDARDS.— 
(1) PROHIBITION ON DISPLACEMENT.—An indi-
vidual in an apprenticeship program or on-the-job 
training program under this part shall not displace 
(including a partial displacement, such as a reduc-
tion in the hours of non-overtime work, wages, or 
employment benefits) any employed employee. 
(2) PROHIBITION
ON
IMPAIRMENT
OF
CON-
TRACTS.—An apprenticeship program or on-the-job 
raining program under this Act shall not impair an 
existing contract for services or collective bargaining 
agreement, and no such activity that would be incon-
sistent with the terms of a collective bargaining 
agreement shall be undertaken without the written 
concurrence of the labor organization and employer 
concerned. 
(3) ADDITIONAL STANDARDS.—The Secretary, 
or a State acting under an agreement described in 
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 00999
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS
1000 
subsection (a) may pay the costs of on-the-job train-
ing, notwithstanding any other provision of this sec-
tion, only if— 
(A) in the case of training which would be 
inconsistent with the terms of a collective bar-
gaining agreement, the written concurrence of 
the labor organization concerned has been ob-
tained; 
(B) the job for which such adversely af-
fected worker is being trained is not being cre-
ated in a promotional line that will infringe in 
any way upon the promotional opportunities of 
currently employed individuals; 
(C) such training is not for the same occu-
pation from which the worker was separated 
and with respect to which such worker’s group 
was certified pursuant to section 425(d); 
(D) the employer is provided reimburse-
ment of not more than 50 percent of the wage 
rate of the participant, for the cost of providing 
the training and additional supervision related 
to the training; and 
(E) the employer has not received payment 
under with respect to any other on-the-job 
training provided by such employer which failed 
VerDate Nov 24 2008 
00:27 Jun 25, 2009
Jkt 079200
PO 00000
Frm 01000
Fmt 6652
Sfmt 6201
E:\BILLS\H2998.IH
H2998
bajohnson on PROD1PC77 with BILLS