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erning the distribution of emission allowance re-
bates for the first and second years of operation 
of a new entity in an eligible industrial sector. 
These regulations shall provide for— 
‘‘(i) the distribution of emission allow-
ance rebates to such entities based on com-
parable entities in the same sector; and 
‘‘(ii) an adjustment in the third and 
fourth years of operation to reconcile the 
total amount of emission allowance rebates 
received during the first and second years 
of operation to the amount the entity 
would have received during the first and 
second years of operation had the appro-
priate data been available. 
‘‘(2) DIRECT CARBON FACTOR.—The direct car-
bon factor for a covered entity for a vintage year is 
the product of— 
‘‘(A) the average annual output of the cov-
ered entity for the 2 years preceding the year 
of the distribution; and 
‘‘(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 
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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 an-
nual output of the entity for the 2 years pre-
ceding the year of the distribution by both the 
electricity 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.— 
‘‘(i) IN GENERAL.—Each person sell-
ing electricity to the owner or operator of 
an entity in any sector designated as an el-
igible 
industrial 
sector 
under 
section 
763(b) shall provide the owner or operator 
of the entity and the Administrator, on an 
annual basis, the electricity emissions in-
tensity factor for the entity. The electricity 
emissions intensity factor for the entity, 
expressed in tons of carbon dioxide equiva-
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lents per kilowatt hour, is determined by 
dividing— 
‘‘(I) the annual sum of the hour-
ly product of— 
‘‘(aa) the electricity pur-
chased by the entity from that 
person in each hour (expressed in 
kilowatt hours); multiplied by 
‘‘(bb) 
the 
marginal 
or 
weighted average tons of carbon 
dioxide equivalent per kilowatt 
hour that are reflected in the 
electricity charges to the entity, 
as determined by the entity’s re-
tail rate arrangements; by 
‘‘(II) the total kilowatt hours of 
electricity purchased by the entity 
from that person during that year. 
‘‘(ii) USE OF OTHER DATA TO DETER-
MINE FACTOR.—Where it is not possible to 
determine the precise electricity emissions 
intensity factor for an entity using the 
methodology in clause (i), the person sell-
ing electricity shall use the monthly aver-
age data reported by the Energy Informa-
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tion Administration or collected and re-
ported by the Administrator for the utility 
serving the entity to determine the elec-
tricity emissions intensity factor. 
‘‘(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). 
‘‘(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 eli-
gible entity because the allowances were freely 
allocated to the eligible entity’s electricity pro-
vider and used for the benefit of industrial con-
sumers. 
‘‘(4) GREENHOUSE
GAS
INTENSITY
CALCULA-
TIONS.—The Administrator shall calculate the aver-
age direct greenhouse gas emissions (expressed in 
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tons of carbon dioxide equivalent) per unit of output 
and the electricity efficiency factor for all covered 
entities in each eligible industrial sector every 4 
years, using an average of the four most recent 
years of the best available data. For purposes of the 
lists required to be published no later than February 
1, 2013, the Administrator shall use the best avail-
able data for the maximum number of years, up to 
4 years, for which data are available. 
‘‘(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 
was in any previous calculation under this sub-
section; 
‘‘(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; 
and 
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‘‘(C) limit the electricity efficiency factor, 
calculated under paragraph (3)(C), for any eli-
gible industrial sector to an amount that is not 
greater than it was in any previous calculation 
under this subsection. 
‘‘(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 
subpart pursuant to section 782(e) for that vintage year. 
For any vintage year for which the total emission allow-
ance rebates calculated pursuant to this section exceed the 
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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). 
‘‘(d) IRON AND STEEL SECTOR.—For purposes of 
this section, the Administrator shall consider as in dif-
ferent industrial sectors— 
‘‘(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. 
‘‘(e) METAL, SODA ASH, OR PHOSPHATE PRODUC-
TION CLASSIFIED UNDER MORE THAN ONE NAICS 
CODE.—For purposes of this section, the Administrator 
shall not aggregate data for the beneficiation or other 
processing (including agglomeration) of metal ores, soda 
ash, or phosphate with subsequent steps in the process 
of metal, soda ash, or phosphate manufacturing. The Ad-
ministrator shall consider the beneficiation or other proc-
essing (including agglomeration) of metal ores, soda ash, 
or phosphate to be in separate industrial sectors from the 
metal, soda ash, or phosphate manufacturing sectors. In-
dustrial sectors that beneficiate or otherwise process (in-
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cluding agglomeration) metal ores, soda ash, or phosphate 
shall not receive emission allowance rebates under this sec-
tion related to the activity of extracting metal ores, soda 
ash, or phosphate. 
‘‘(f) COMBINED HEAT AND POWER.—For purposes 
of this section, and to achieve the purpose set forth in 
section 761(b)(2), the Administrator may consider entities 
to be in different industrial sectors or otherwise take into 
account the differences among entities in the same indus-
trial sector, based upon the extent to which such entities 
use combined heat and power technologies. 
‘‘Subpart 2—Promoting International Reductions in 
Industrial Emissions 
‘‘SEC. 765. INTERNATIONAL NEGOTIATIONS. 
‘‘(a) FINDING.—Congress finds that the purposes of 
this subpart, as set forth in section 761(c), can be most 
effectively addressed and achieved through agreements ne-
gotiated between the United States and foreign countries. 
‘‘(b) STATEMENT OF POLICY.—It is the policy of the 
United States to work proactively under the United Na-
tions Framework Convention on Climate Change, and in 
other appropriate fora, to establish binding agreements, 
including sectoral agreements, committing all major 
greenhouse gas-emitting nations to contribute equitably to 
the reduction of global greenhouse gas emissions. 
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‘‘(c) NOTIFICATION OF FOREIGN COUNTRIES.— 
‘‘(1) IN
GENERAL.—As soon as practicable 
after the date of the enactment of this title, the 
President shall provide a notification on climate 
change described in paragraph (2) to each foreign 
country the products of which are not exempted 
under section 768(a)(1)(E). 
‘‘(2) NOTIFICATION
DESCRIBED.—A notifica-
tion described in this paragraph is a notification 
that consists of— 
‘‘(A) a statement of the policy of the 
United States described in subsection (b); and 
‘‘(B) a declaration— 
‘‘(i) requesting the foreign country to 
take appropriate measures to limit the 
greenhouse gas emissions of the foreign 
country; and 
‘‘(ii) indicating that, beginning on 
January 1, 2020, the international reserve 
requirements of this subpart may apply to 
a covered good. 
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‘‘SEC. 766. UNITED STATES NEGOTIATING OBJECTIVES 
WITH RESPECT TO MULTILATERAL ENVIRON-
MENTAL NEGOTIATIONS. 
‘‘(a) IN GENERAL.—The negotiating objectives of the 
United States with respect to multilateral environmental 
negotiations described in this subpart are— 
‘‘(1) to reach an internationally binding agree-
ment in which all major greenhouse gas-emitting 
countries contribute equitably to the reduction of 
global greenhouse gas emissions; 
‘‘(2)(A) to include in such international agree-
ment provisions that recognize and address the com-
petitive imbalances that lead to carbon leakage and 
may be created between parties and non-parties to 
the agreement in domestic and export markets; and 
‘‘(B) not to prevent parties to such agreement 
from addressing the competitive imbalances that 
lead to carbon leakage and may be created by the 
agreement among parties to the agreement in do-
mestic and export markets ; and 
‘‘(3) to include in such international agreement 
agreed remedies for any party to the agreement that 
fails to meet its greenhouse gas reduction obligations 
in the agreement. 
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‘‘(b) RULE
OF CONSTRUCTION.—Nothing in sub-
section (a)(2) shall be construed to require the United 
States to alter the provisions of section 764 . 
‘‘SEC. 767. PRESIDENTIAL REPORTS AND DETERMINA-
TIONS. 
‘‘(a) REPORT.—Not later than January 1, 2017, and 
every 2 years thereafter, the President shall submit a re-
port to Congress on the effectiveness of the distribution 
of emission allowance rebates under subpart 1 in miti-
gating carbon leakage in eligible industrial sectors. Such 
report shall also include— 
‘‘(1) an assessment, for each eligible industrial 
sector receiving emission allowance rebates, as to 
whether, and by how much, the per unit cost of pro-
duction has increased for that sector as a result of 
compliance with section 722 (as determined in a 
manner consistent with section 764(b)), taking into 
account the provision of the emission allowance re-
bates to that industrial sector and the benefit re-
ceived by that industrial sector from the provision of 
free allowances to electricity providers pursuant to 
section 782(a); 
‘‘(2) recommendations on how to better achieve 
the purposes of this subpart, including an assess-
ment of the feasibility and usefulness of an inter-
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national reserve allowance program for the eligible 
industrial sector under section 768; 
‘‘(3) to the extent the President determines that 
an international reserve allowance program would 
not be useful for the eligible industrial sector be-
cause its exposure to carbon leakage is the result of 
competition in export markets with goods produced 
in countries not implementing similar greenhouse 
gas emission reduction policies, an identification of, 
and to the extent appropriate a description of how 
the President will implement, alternative actions or 
programs consistent with the purposes of this sub-
part (and, in such case, the President may deter-
mine not to apply an international reserve allowance 
program to the eligible industrial sector under sub-
section (b)); and 
‘‘(4) an assessment of the amount and duration 
of assistance, including distribution of free allow-
ances, being provided to industrial sectors in other 
developed countries to mitigate costs of compliance 
with domestic greenhouse gas reduction programs in 
such countries. 
‘‘(b) PRESIDENTIAL DETERMINATION.— 
‘‘(1) IN GENERAL.—If, by January 1, 2018, a 
multilateral agreement consistent with the negoti-
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ating objectives set forth in section 766 has not en-
tered into force with respect to the United States, 
the President shall establish an international reserve 
allowance program for each eligible industrial sector 
to the extent provided under section 768 unless— 
‘‘(A) the President determines and certifies 
to the Congress with respect to such eligible in-
dustrial sector that such program would not be 
in the national economic interest or environ-
mental interest of the United States; and 
‘‘(B) not later than 90 days after the 
President transmits the certification described 
in subparagraph (A), a joint resolution is en-
acted into law that approves the determination 
of the President described in subparagraph (A). 
‘‘(2) CONTENTS OF JOINT RESOLUTION.—For 
purposes of this subsection, the term ‘joint resolu-
tion’ means only a joint resolution of the two Houses 
of Congress, the matter after the resolving clause of 
which is as follows: ‘That the Congress approves the 
determination of the President under section 
768(b)(1)(A) of the Clean Air Act transmitted to the 
Congress on llllll.’, the blank space being 
filled with the appropriate date. 
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‘‘(3) 
CONGRESSIONAL
PROCEDURES.—Sub-
sections (c), (d), (e), and (f) of section 152 of the 
Trade Act of 1974 (19 U.S.C. 2192 (c), (d), (e), 
and (f)) shall apply to a joint resolution under this 
subsection to the same extent as such subsections 
apply to a joint resolution under section 152 of such 
Act. 
‘‘(4) RULE OF CONSTRUCTION.—For purposes 
of this section and section 768, if the President 
transmits a multilateral agreement to Congress (re-
gardless of whether it is transmitted as a treaty for 
ratification by the Senate or another international 
agreement for implementation by law enacted by the 
Congress) indicating that the agreement is con-
sistent with the negotiating objectives set forth in 
section 766, such agreement will be considered to be 
consistent with such negotiating objectives as of the 
date on which the Senate ratifies the treaty, or legis-
lation is enacted implementing such other agree-
ment, unless the Senate (in the case of ratification) 
or the implementing legislation expressly provides 
that the multilateral agreement shall not be treated 
as consistent with such negotiating objectives for 
purposes of this section and section 768. 
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‘‘(c) DETERMINATIONS WITH RESPECT TO ELIGIBLE 
INDUSTRIAL SECTORS.—If the President establishes an 
international reserve allowance program pursuant to sub-
section (b), then not later than June 30, 2018, and every 
4 years thereafter, the President, in consultation with the 
Administrator and other appropriate agencies, shall deter-
mine, for each eligible industrial sector, whether or not 
more than 85 percent of United States imports of covered 
goods with respect to that sector are produced or manu-
factured 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 and economy- 
wide greenhouse gas emissions reduction commit-
ment for that country 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 the which the United States is a party. 
‘‘(3) The country has an annual energy or 
greenhouse gas intensity, as described in section 
763(b)(2)(A)(ii), for the sector that is equal to or 
less than the energy or greenhouse gas intensity for 
such industrial sector in the United States in the 
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most recent calendar year for which data are avail-
able. 
‘‘(d) EFFECT OF PRESIDENTIAL DETERMINATION.— 
‘‘(1) REQUIRED
ACTIONS.—If the President 
makes a determination under subsection (c) with re-
spect to an eligible industrial sector that 85 percent 
or less of United States imports of covered goods 
with respect to the sector are produced or manufac-
tured in countries that have met one or more of the 
criteria in subsection (c), then the President shall, 
not later than June 30, 2018, and every 4 years 
thereafter— 
‘‘(A) assess the extent to which the emis-
sion allowance rebates provided pursuant to 
subpart 1 and the benefit received by that in-
dustrial sector from the provision of free allow-
ances to electricity providers pursuant to sec-
tion 782(a) have mitigated or addressed, or 
could mitigate or address, carbon leakage in 
that sector; 
‘‘(B) assess the extent to which an inter-
national reserve allowance program has miti-
gated or addressed, or could mitigate or ad-
dress, carbon leakage in that sector; and 
‘‘(C) with respect to that sector— 
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‘‘(i) modify the percentage by which 
direct and indirect carbon factors will be 
multiplied under section 764(a)(1)(B); and 
‘‘(ii) apply or continue to apply an 
international reserve allowance program 
under section 768 with respect to imports 
of covered goods with respect to that sec-
tor. 
‘‘(2) PROHIBITED ACTIONS.—If the President 
makes a determination under subsection (c) with re-
spect to an eligible industrial sector that more than 
85 percent of United States imports of covered 
goods with respect to the sector are produced or 
manufactured in countries that have met one or 
more of the criteria in subsection (c), then the Presi-
dent may not apply or continue to apply an inter-
national reserve allowance program under section 
768 with respect to imports of covered goods with 
respect to that sector. 
‘‘(e) REPORT TO CONGRESS.—Not later than June 
30, 2018, and every 4 years thereafter, the President shall 
transmit to the Congress a report providing notice of any 
determination made under subsection (c), explaining the 
reasons for such determination, and identifying the ac-
tions taken by the President under subsection (d). 
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‘‘SEC. 768. INTERNATIONAL RESERVE ALLOWANCE PRO-
GRAM. 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN
GENERAL.—The Administrator, with 
the concurrence of Commissioner responsible for 
U.S. Customs and Border Protection, shall issue 
regulations— 
‘‘(A) establishing an international reserve 
allowance program for the sale, exchange, pur-
chase, transfer, and banking of international re-
serve allowances for covered goods with respect 
to the eligible industrial sector; 
‘‘(B) ensuring that the price for pur-
chasing the international reserve allowances 
from the United States on a particular day is 
equivalent to the auction clearing price for 
emission allowances under section 722 for the 
most recent emission allowance auction; 
‘‘(C) establishing a general methodology 
for calculating the quantity of international re-
serve allowances that a United States importer 
of any covered good must submit; 
‘‘(D) requiring the submission of appro-
priate amounts of such allowances for covered 
goods with respect to the eligible industrial sec-
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tor that enter the customs territory of the 
United States; 
‘‘(E) exempting from the requirements of 
subparagraph (D) such products that are the 
origin of— 
‘‘(i) any country determined to meet 
any of the standards provided in section 
767(c); 
‘‘(ii) any foreign country that the 
United Nations has identified as among 
the least developed of developing countries; 
or 
‘‘(iii) any foreign country that the 
President has determined to be responsible 
for less than 0.5 percent of total global 
greenhouse gas emissions and less than 5 
percent of United States imports of cov-
ered goods with respect to the eligible in-
dustrial sector; 
‘‘(F) specifying the procedures that U.S. 
Customs and Border Protection will apply for 
the declaration and entry of covered goods with 
respect to the eligible industrial sector into the 
customs territory of the United States; and 
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‘‘(G) establishing procedures that prevent 
circumvention of the international reserve allow-
ance requirement for covered goods with respect 
to the eligible industrial sector that are manu-
factured or processed in more than one foreign 
country. 
‘‘(2) PURPOSE
OF
PROGRAM.—The Adminis-
trator shall establish the program under paragraph 
(1) consistent with international agreements to 
which the United States is a party, in a manner that 
minimizes the likelihood of carbon leakage as a re-
sult of differences between— 
‘‘(A) the direct and indirect costs of com-
plying with section 722; and 
‘‘(B) the direct and indirect costs, if any, 
of complying in other countries with greenhouse 
gas regulatory programs, requirements, export 
tariffs, or other measures adopted or imposed 
to reduce greenhouse gas emissions. 
‘‘(b) EMISSION ALLOWANCE REBATES.—In estab-
lishing a general methodology for purposes of subsection 
(a)(1)(C), the Administrator shall include an adjustment 
to the quantity of international reserve allowances based 
on the value of emission allowance rebates distributed 
under subpart 1 and the benefit received by the eligible 
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HR 2454 PCS
industrial sector concerned from the provision of free al-
lowances to electricity providers pursuant to section 
782(a) and may, if appropriate, determine that the quan-
tity of international reserve allowances should be reduced 
as low as to zero. 
‘‘(c) EFFECTIVE DATE.—The international reserve 
allowance program may not apply to imports of covered 
goods entering the customs territory of the United States 
before January 1, 2020. 
‘‘(d) COVERED ENTITIES.—International reserve al-
lowances may not be used by covered entities to comply 
with section 722. 
‘‘SEC. 769. IRON AND STEEL SECTOR. 
‘‘For purposes of this subpart, the Administrator 
shall consider to be in the same eligible 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.’’. 
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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-
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; 
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(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 
partner, and a demonstration of each partner’s ca-
pacity to support the program; 
(2) a description of the career area or areas 
within the fields as described in subsection (a) to be 
developed, the reason for the choice, and evidence of 
the labor market need to prepare students in that 
area; 
(3) a description of the new or existing program 
of study and both secondary and postsecondary com-
ponents; 
(4) a description of the students to be served by 
the new program of study; 
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(5) a description of how the program of study 
funded by the grant will be replicable and dissemi-
nated to schools outside of the partnership, including 
urban and rural areas; 
(6) a description of applied learning that will be 
incorporated into the program of study and how it 
will incorporate or reinforce academic learning; 
(7) a description of how the program of study 
will be delivered; 
(8) a description of how the program will pro-
vide accessibility to students, especially economically 
disadvantaged, low performing, and urban and rural 
students; 
(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. 
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(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 
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-
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ergy efficiency, climate change mitigation, and climate 
change adaptation. 
SEC. 422. INCREASED FUNDING FOR ENERGY WORKER 
TRAINING PROGRAM. 
(a) AUTHORIZATION.—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’’. 
(b) ESTABLISHMENT OF FUND.—There is hereby es-
tablished in the Treasury a separate account that shall 
be known as the Energy Efficiency and Renewable Energy 
Worker Training Fund. 
(c) AVAILABILITY OF AMOUNTS.—Subject to subtitle 
F of title IV, all amounts deposited into the Energy Effi-
ciency and Renewable Energy Worker Training Fund shall 
be available to the Secretary to carry out section 171(e)(8) 
of the Workforce Investment Act of 1998 (29 U.S.C. 
2916(e)(8)) subject to further appropriation. 
SEC. 423. DEVELOPMENT OF INFORMATION AND RE-
SOURCES 
CLEARINGHOUSE 
FOR 
VOCA-
TIONAL EDUCATION AND JOB TRAINING IN 
RENEWABLE ENERGY SECTORS. 
(a) DEVELOPMENT OF CLEARINGHOUSE.—Not later 
than 18 months after the date of enactment of this Act, 
the Secretary of Labor, in collaboration with the Secretary 
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of Energy and the Secretary of Education, shall develop 
an internet based information and resources clearinghouse 
to aid career and technical education and job training pro-
grams for the renewable energy sectors. In establishing 
the clearinghouse, the Secretary shall— 
(1) collect and provide information that ad-
dresses the consequences of rapid changes in tech-
nology and regional disparities for renewable energy 
training programs and provides best practices for 
training and education in light of such changes and 
disparities; 
(2) place an emphasis on facilitating collabora-
tion between the renewable energy industry and job 
training programs and on identifying industry and 
technological trends and best practices, to better 
help job training programs maintain quality and rel-
evance; and 
(3) place an emphasis on assisting programs 
that cater to high-demand middle-skill, trades, man-
ufacturing, contracting, and consulting careers. 
(b) SOLICITATION AND CONSULTATION.—In devel-
oping the clearinghouse pursuant to subsection (a), the 
Secretary shall solicit information and expertise from busi-
nesses and organizations in the renewable energy sector 
and from institutions of higher education, career and tech-
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nical schools, and community colleges that provide train-
ing in the renewable energy sectors. The Secretary shall 
solicit a comprehensive peer review of the clearinghouse 
by such entities not less than once every 2 years. Nothing 
in this subsection should be interpreted to require the di-
vulgence of proprietary or competitive information. 
(c) CONTENTS OF CLEARINGHOUSE.— 
(1) SEPARATE SECTION FOR EACH RENEWABLE 
ENERGY SECTOR.—The clearinghouse shall contain 
separate sections developed for each of the following 
renewable energy sectors: 
(A) Solar energy systems. 
(B) Wind energy systems. 
(C) Energy transmission systems. 
(D) Geothermal systems of energy and 
heating. 
(E) Energy efficiency technical training. 
(2) ADDITIONAL REQUIREMENTS.—In addition 
to the information required in subsection (a), each 
section of the clearinghouse shall include information 
on basic environmental science and processes needed 
to understand renewable energy systems, Federal 
government and industry resources, and points of 
contact to aid institutions in the development of 
placement programs for apprenticeships and post 
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graduation opportunities, and information and tips 
about a green workplace, energy efficiency, and rel-
evant environmental topics and information on avail-
able industry recognized certifications in each area. 
(d) DISSEMINATION.—The clearinghouse shall be 
made available via the Internet to the general public. No-
tice of the completed clearinghouse and any major revi-
sions thereto shall also be provided— 
(1) to each Member of Congress; and 
(2) on the websites of the Departments of Edu-
cation, Energy, and Labor. 
(e) REVISION.—The Secretary of Labor shall revise 
and update the clearinghouse on a regular basis to ensure 
its relevance. 
SEC. 424. MONITORING PROGRAM EFFECTIVENESS. 
The Secretary of Labor shall monitor the potential 
growth of affected and displaced workers to ensure that 
the necessary funding continues to support the number of 
workers affected. 
SEC. 424A. GREEN CONSTRUCTION CAREERS DEMONSTRA-
TION PROJECT. 
(a) ESTABLISHMENT
AND AUTHORITY.—The Sec-
retary of Labor, in consultation with the Secretary of En-
ergy, shall, not later than 180 days after the enactment 
of this Act, establish a Green Construction Careers dem-
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onstration project by rules, regulations, and guidance in 
accordance with the provisions of this section. The purpose 
of the demonstration project shall be to promote middle 
class careers and quality employment practices in the 
green construction sector among targeted workers and to 
advance efficiency and performance on construction 
projects related to this Act. In order to advance these pur-
poses, the Secretary shall identify projects, including resi-
dential retrofitting projects, funded directly by or assisted 
in whole or in part by or through the Federal Government 
pursuant to this Act or by any other entity established 
in accordance with this Act, to which all of the following 
shall apply. 
(b) REQUIREMENTS.—The Secretaries may establish 
such terms and conditions for the demonstration projects 
as the Secretaries determine are necessary to meet the 
purposes of subsection (a), including establishing min-
imum proportions of hours to be worked by targeted work-
ers on such projects. The Secretaries may require the con-
tractors and subcontractors performing construction serv-
ices on the project to comply with the terms and conditions 
as a condition of receiving funding or assistance from the 
Federal Government under this Act. 
(c) EVALUATION.—The Secretaries shall evaluate the 
demonstration projects against the purposes of this section 
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at the end of 3 years from initiation of the demonstration 
project. If the Secretaries determine that the demonstra-
tion projects have been successful, the Secretaries may 
identify further projects to which of the provisions of this 
section shall apply. 
(d) GAO REPORT.—The Comptroller General shall 
prepare and submit a report to the Committee on Health, 
Education, Labor and Pensions and the Committee on 
Energy and Natural Resources of the Senate and the 
Committee on Education and Labor and the Committee 
on Energy and Commerce of the House of Representatives 
not later than 5 years after the date of enactment of this 
Act, which shall advise the committees of the results of 
the demonstration projects and make appropriate rec-
ommendations. 
(e) DEFINITION AND DESIGNATION OF TARGETED 
WORKERS.—As used in this section, the term ‘‘targeted 
worker’’ means an individual who resides in the same 
labor market area (as defined in section 101(18) of the 
Workforce Investment Act of 1998 (29 U.S.C. 2801(18))) 
as the project and who— 
(1) is a member of a targeted group, within the 
meaning of section 51 of the Internal Revenue Code 
of 1986, other than an individual described in sub-
section (d)(1)(C) of such section; 
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(2)(A) resides in a census tract in which not 
less than 20 percent of the households have incomes 
below the Federal poverty guidelines; or 
(B) is a member of a family that received 
a total family income that, during the 2-year 
period prior to employment on the project or 
admission to the pre-apprenticeship program, 
did not exceed 200 percent of the Federal pov-
erty guidelines (exclusive of unemployment com-
pensation, child support payments, payments 
described in section 101(25)(A) of the Work-
force Investment Act (29 U.S.C. 2801(25)(A)), 
and old-age and survivors insurance benefits re-
ceived under section 202 of the Social Security 
Act (42 U.S.C. 402); or 
(3) is a displaced homemaker, as such term is 
defined in section 3(10) of the Carl D. Perkins Ca-
reer and Technical Education Act of 2006 (20 
U.S.C. 2302(10)). 
(f) QUALIFIED PRE-APPRENTICESHIP PROGRAM.—A 
qualified pre-apprenticeship program is a pre-apprentice-
ship program that has demonstrated an ability to recruit, 
train, and prepare for admission to apprenticeship pro-
grams individuals who are targeted workers. 
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(g) QUALIFIED
APPRENTICESHIP
AND
OTHER 
TRAINING PROGRAMS.— 
(1) PARTICIPATION BY EACH CONTRACTOR RE-
QUIRED.—Each contractor and subcontractor that 
seeks to provide construction services on projects 
identified by the Secretaries pursuant to subsection 
(a) shall submit adequate assurances with its bid or 
proposal that it participates in a qualified appren-
ticeship or other training program, with a written 
arrangement with a qualified pre-apprenticeship pro-
gram, for each craft or trade classification of worker 
that it intends to employ to perform work on the 
project. 
(2) DEFINITION
OF
QUALIFIED
APPRENTICE 
SHIP OR OTHER TRAINING PROGRAM.— 
(A) IN GENERAL.—For purposes of this 
section, the term ‘‘qualified apprenticeship or 
other training program’’ means an apprentice-
ship or other training program that qualifies as 
an employee welfare benefit plan, as defined in 
section 3(1) of the Employee Retirement In-
come Security Act of 1974 (29 U.S.C. 
1002(1)). 
(B) CERTIFICATION OF OTHER PROGRAMS 
IN CERTAIN LOCALITIES.—In the event that the 
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Secretary of Labor certifies that a qualified ap-
prenticeship or other training program (as de-
fined in subparagraph (A)) for a craft or trade 
classification of workers that a prospective con-
tractor or subcontractor intends to employ, is 
not operated in the locality where the project 
will be performed, an apprenticeship or other 
training program that is not an employee wel-
fare benefit plan (as defined in such section) 
may be certified by the Secretary as a qualified 
apprenticeship or other training program pro-
vided it is registered with the Office of Appren-
ticeship of the Department of Labor, or a State 
apprenticeship agency recognized by the Office 
of Apprenticeship for Federal purposes. 
(h) FACILITATING
COMPLIANCE.—The Secretary 
may require Federal contracting agencies, recipients of 
Federal assistance, and any other entity established in ac-
cordance with this Act to require contractors to enter into 
an agreement in a manner comparable with the standards 
set forth in sections 3 and 4 of Executive Order 13502 
in order to achieve the purposes of this section, including 
any requirements established by subsection (b). 
(i) LIMITATION.—The requirements of this section 
shall not apply to any project funded under this Act in 
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American Samoa, Guam, the Commonwealth of the North-
ern Mariana Islands, the Commonwealth of Puerto Rico, 
or the United States Virgin Islands, unless participation 
is requested by the governor of such territories within 1 
year of the promulgation of rules under this Act. 
PART 2—CLIMATE CHANGE WORKER 
ADJUSTMENT ASSISTANCE 
SEC. 425. PETITIONS, ELIGIBILITY REQUIREMENTS, AND 
DETERMINATIONS. 
(a) PETITIONS.— 
(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. 
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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-
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 
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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-
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; 
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(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— 
(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 
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(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 
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 
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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.— 
(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 
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(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. 
(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.— 
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(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-
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. 
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(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 
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; 
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(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). 
(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 
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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. 
(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 
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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-
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 
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(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 
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 
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(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. 
(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 
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(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, 
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. 
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(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 
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— 
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(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 
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-
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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. 
(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 
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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 
(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 
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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-
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 
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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— 
(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. 
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(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; 
(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, 
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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. 
(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 
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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— 
(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. 
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(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 
(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 
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Secretary of Labor under section 3304 of the Inter-
nal Revenue Code of 1954. 
(18) The terms ‘‘total separation’’ and ‘‘totally 
separated’’ refer to the layoff or severance of an in-
dividual from employment with an employer in which 
adversely affected employment exists. 
(19) The term ‘‘unemployment insurance’’ 
means the unemployment compensation payable to 
an individual under any State law or Federal unem-
ployment compensation law, including chapter 85 of 
title 5, United States Code, and the Railroad Unem-
ployment Insurance Act. The terms ‘‘regular com-
pensation’’, ‘‘additional compensation’’, and ‘‘ex-
tended compensation’’ have the same respective 
meanings that are given them in section 205(2), (3), 
and (4) of the Federal-State Extended Unemploy-
ment Compensation Act of 1970 (26 U.S.C. 3304 
note). 
(20) The term ‘‘week’’ means a week as defined 
in the applicable State law. 
(21) The term ‘‘week of unemployment’’ means 
a week of total, part-total, or partial unemployment 
as determined under the applicable State law or 
Federal unemployment insurance law. 
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