1165 
HR 2454 PCS
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; 
(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 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01165
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1166 
HR 2454 PCS
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— 
(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 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01166
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1167 
HR 2454 PCS
(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-
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 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01167
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1168 
HR 2454 PCS
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. 
(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); 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01168
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1169 
HR 2454 PCS
(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 
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-
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01169
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1170 
HR 2454 PCS
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 
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: 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01170
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1171 
HR 2454 PCS
(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. 
(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. 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01171
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1172 
HR 2454 PCS
(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. 
(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 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01172
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1173 
HR 2454 PCS
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 
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); 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01173
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1174 
HR 2454 PCS
(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— 
(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. 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01174
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1175 
HR 2454 PCS
(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 
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; 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01175
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1176 
HR 2454 PCS
(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 
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 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01176
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1177 
HR 2454 PCS
(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; 
(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-
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01177
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1178 
HR 2454 PCS
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 
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.— 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01178
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1179 
HR 2454 PCS
(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 
(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; 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01179
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1180 
HR 2454 PCS
(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. 
(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. 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01180
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1181 
HR 2454 PCS
(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 
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-
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01181
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1182 
HR 2454 PCS
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. 
(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 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01182
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1183 
HR 2454 PCS
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-
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. 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01183
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1184 
HR 2454 PCS
(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 
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; 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01184
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1185 
HR 2454 PCS
(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 
to meet the requirements of subparagraphs (A) 
through (D). 
(f) DEFINITIONS.—As used in this part the following 
definitions apply: 
(1) The term ‘‘adversely affected employment’’ 
means employment at an employment site, if work-
ers at such site are eligible to apply for adjustment 
assistance under this part. 
(2) The term ‘‘adversely affected worker’’ 
means an individual who has been totally or partially 
separated from employment and is eligible to apply 
for adjustment assistance under this part. 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01185
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1186 
HR 2454 PCS
(3) The term ‘‘average weekly wage’’ means 1⁄13 
of the total wages paid to an individual in the quar-
ter in which the individual’s total wages were highest 
among the first 4 of the last 5 completed calendar 
quarters immediately before the quarter in which oc-
curs the week with respect to which the computation 
is made. Such week shall be the week in which total 
separation occurred, or, in cases where partial sepa-
ration is claimed, an appropriate week, as defined in 
regulations prescribed by the Secretary. 
(4) The term ‘‘average weekly hours’’ means 
the average hours worked by the individual (exclud-
ing overtime) in the employment from which he has 
been or claims to have been separated in the 52 
weeks (excluding weeks during which the individual 
was sick or on vacation) preceding the week speci-
fied in the last sentence of paragraph (4). 
(5) The term ‘‘benefit period’’ means, with re-
spect to an individual— 
(A) the benefit year and any ensuing pe-
riod, as determined under applicable State law, 
during which the individual is eligible for reg-
ular compensation, additional compensation, or 
extended compensation; or 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01186
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1187 
HR 2454 PCS
(B) the equivalent to such a benefit year 
or ensuing period provided for under the appli-
cable Federal unemployment insurance law. 
(6) The term ‘‘consumer goods manufacturing’’ 
means the electrical equipment, appliance, and com-
ponent manufacturing industry and transportation 
equipment manufacturing. 
(7) The term ‘‘employment site’’ means a single 
facility or site of employment. 
(8) The term ‘‘energy-intensive manufacturing 
industries’’ means all industrial sectors, entities, or 
groups of entities that meet the energy or green-
house 
gas 
intensity 
criteria 
in 
section 
765(b)(2)(A)(i) of the Clean Air Act based on the 
most recent data available. 
(9) The term ‘‘energy producing and trans-
forming industries’’ means the coal mining industry, 
oil and gas extraction, electricity power generation, 
transmission and distribution, and natural gas dis-
tribution. 
(10) The term ‘‘industries dependent on energy 
industries’’ means rail transportation and pipeline 
transportation. 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01187
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1188 
HR 2454 PCS
(11) The term ‘‘on-the-job training’’ means 
training provided by an employer to an individual 
who is employed by the employer. 
(12) The terms ‘‘partial separation’’ and ‘‘par-
tially separated’’ refer, with respect to an individual 
who has not been totally separated, that such indi-
vidual has had— 
(A) his or her hours of work reduced to 80 
percent or less of his average weekly hours in 
adversely affected employment; and 
(B) his or her wages reduced to 80 percent 
or less of his average weekly wage in such ad-
versely affected employment. 
(13) The term ‘‘public agency’’ means a depart-
ment or agency of a State or political subdivision of 
a State or of the Federal Government. 
(14) The term ‘‘Secretary’’ means the Secretary 
of Labor. 
(15) The term ‘‘service workers’’ means work-
ers supplying support or auxiliary services to an em-
ployment site. 
(16) The term ‘‘State agency’’ means the agen-
cy of the State which administers the State law. 
(17) The term ‘‘State law’’ means the unem-
ployment insurance law of the State approved by the 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01188
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1190 
HR 2454 PCS
(g) SPECIAL RULE WITH RESPECT TO MILITARY 
SERVICE.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of this part, the Secretary may waive any 
requirement of this part that the Secretary deter-
mines is necessary to ensure that an adversely af-
fected worker who is a member of a reserve compo-
nent of the Armed Forces and serves a period of 
duty described in paragraph (2) is eligible to receive 
a climate change adjustment allowance, training, 
and other benefits under this part in the same man-
ner and to the same extent as if the worker had not 
served the period of duty. 
(2) PERIOD
OF
DUTY
DESCRIBED.—An ad-
versely affected worker serves a period of duty de-
scribed in this paragraph if, before completing train-
ing under this part, the worker— 
(A) serves on active duty for a period of 
more than 30 days under a call or order to ac-
tive duty of more than 30 days; or 
(B) in the case of a member of the Army 
National Guard of the United States or Air Na-
tional Guard of the United States, performs 
full-time National Guard duty under section 
502(f) of title 32, United States Code, for 30 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01190
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1191 
HR 2454 PCS
consecutive days or more when authorized by 
the President or the Secretary of Defense for 
the purpose of responding to a national emer-
gency declared by the President and supported 
by Federal funds. 
(h) FRAUD AND RECOVERY OF OVERPAYMENTS.— 
(1) RECOVERY OF PAYMENTS TO WHICH AN IN-
DIVIDUAL WAS NOT ENTITLED.—If the Secretary or 
a court of competent jurisdiction determines that 
any person has received any payment under this 
part to which the individual was not entitled, such 
individual shall be liable to repay such amount to 
the Secretary, as the case may be, except that the 
Secretary shall waive such repayment if such agency 
or the Secretary determines that— 
(A) the payment was made without fault 
on the part of such individual; and 
(B) requiring such repayment would cause 
a financial hardship for the individual (or the 
individual’s household, if applicable) when tak-
ing into consideration the income and resources 
reasonably available to the individual (or house-
hold) and other ordinary living expenses of the 
individual (or household). 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01191
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1192 
HR 2454 PCS
(2) MEANS OF RECOVERY.—Unless an overpay-
ment is otherwise recovered, or waived under para-
graph (1), the Secretary shall recover the overpay-
ment by deductions from any sums payable to such 
person under this part, under any Federal unem-
ployment compensation law or other Federal law ad-
ministered by the Secretary which provides for the 
payment of assistance or an allowance with respect 
to unemployment. Any amount recovered under this 
section shall be returned to the Treasury of the 
United States. 
(i) REGULATIONS.—The Secretary shall prescribe 
such regulations as may be necessary to carry out the pro-
visions of this part. 
(j) STUDY
ON OLDER WORKERS.—The Secretary 
shall conduct a study examine the circumstances of older 
adversely affected workers and the ability of such workers 
to access their retirement benefits. The Secretary shall 
transmit a report to Congress not later than 2 years after 
the date of enactment of this part on the findings of the 
study and the Secretary’s recommendations on how to en-
sure that adversely affected workers within 2 years of re-
tirement are able to access their retirement benefits. 
(k) SPENDING LIMIT.—For each fiscal year, the total 
amount of funds disbursed for the purposes described in 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01192
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1193 
HR 2454 PCS
section 426 shall not exceed the amount deposited in that 
fiscal year into the Climate Change Worker Assistance 
Fund established under section 782(j) of the Clean Air 
Act. The annual spending limit for any succeeding year 
shall be increased by the difference, if any, between the 
amount of the prior year’s disbursements and the spend-
ing limitation for that year. The Secretary shall promul-
gate rules to ensure that this spending limit is not exceed-
ed. Such rules shall provide that workers who receive any 
of the benefits described in section 426 receive full bene-
fits, and shall include the establishment of a waiting list 
for workers in the event that the requests for assistance 
exceed the spending limit. 
Subtitle C—Consumer Assistance 
SEC. 431. ENERGY REFUND PROGRAM. 
The Social Security Act (42 U.S.C. 201 et seq.) is 
amended by adding at the end the following: 
‘‘TITLE XXII—ENERGY REFUND 
PROGRAM 
‘‘SEC. 2201. ENERGY REFUND PROGRAM. 
‘‘(a) IN GENERAL.—The Secretary shall formulate 
and administer the program provided for in this section, 
which shall be known as the ‘Energy Refund Program’, 
and under which eligible low-income households are pro-
vided cash payments to reimburse the households for the 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01193
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1194 
HR 2454 PCS
estimated loss in their purchasing power resulting from 
the American Clean Energy and Security Act of 2009. 
‘‘(b) ENTITLEMENT OF ELIGIBLE HOUSEHOLDS TO 
CASH PAYMENTS.—At the request of the State agency of 
a State, each eligible low-income household in the State 
shall be entitled to receive monthly cash payments under 
this section in an amount equal to the monthly energy re-
fund amount determined under subsection (d). 
‘‘(c) ELIGIBILITY.— 
‘‘(1) ELIGIBLE
HOUSEHOLDS.—A household 
shall be considered to be an eligible low-income 
household for purposes of this section if— 
‘‘(A) the gross income of the household 
does not exceed the greater of— 
‘‘(i) 150 percent of the poverty line; 
or 
‘‘(ii) the greatest amount of household 
gross income in respect of which a benefit 
could 
be 
payable 
under 
subsection 
(d)(2)(B); 
‘‘(B) the State agency of the State in 
which the household is located determines that 
the household is participating in— 
‘‘(i) the Supplemental Nutrition As-
sistance Program authorized by the Food 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01194
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1196 
HR 2454 PCS
program under title XVI of this Act (42 U.S.C. 
1381–1383f). 
‘‘(2) STREAMLINED PARTICIPATION FOR CER-
TAIN BENEFICIARIES.—The Secretary shall— 
‘‘(A) periodically estimate the number of 
eligible beneficiaries and households, and the 
number 
of 
participating 
beneficiaries 
and 
households, for the Energy Refund Program; 
and 
‘‘(B) develop procedures, in consultation 
with the Commissioner of Social Security, the 
Railroad Retirement Board, the Secretary of 
Veterans Affairs, and the State agencies, to en-
sure that low-income beneficiaries of the benefit 
programs administered by such entities receive 
the energy refund for which the beneficiaries 
are eligible under the Energy Refund Program. 
‘‘(3) LIMITATION.—Notwithstanding any other 
provision of law, the Secretary shall provide refunds 
to United States citizens, United States nationals, 
and individuals lawfully residing in the United 
States who qualify for a refund under paragraph 
(1)(A), and shall establish procedures to ensure that 
other individuals do not receive refunds. 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01196
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1197 
HR 2454 PCS
‘‘(4) NATIONAL
STANDARDS.—The Secretary 
shall consult with the Secretary of Agriculture and 
establish uniform national standards of eligibility en-
suring that States may seamlessly co-administer the 
energy refund program with the Supplemental Nu-
trition Assistance Program in accordance with the 
provisions of this section. No State agency shall im-
pose any other standard or requirement as a condi-
tion of eligibility or refund receipt under the pro-
gram. Assistance in the Energy Refund Program 
shall be furnished promptly to all eligible households 
who make application for such participation or are 
already enrolled in any program referred to in para-
graph (1). 
‘‘(d) MONTHLY ENERGY REFUND AMOUNT.— 
‘‘(1) ESTIMATED ANNUAL TOTAL LOSS IN PUR-
CHASING POWER.—Not later than August 31 of each 
fiscal year, the Energy Information Administration 
shall estimate the annual total loss in purchasing 
power that will result from American Clean Energy 
and Security Act of 2009 in the next fiscal year for 
households of each size with gross income equal to 
150 percent of the poverty line, based on the pro-
jected total market value of all compliance costs (in-
cluding, but not limited to, the emissions allowances 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01197
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1198 
HR 2454 PCS
used to demonstrate compliance with title VII of the 
Clean Air Act in the next fiscal year, and excluding 
costs that are not projected to be incurred by house-
holds as a result of allowances freely allocated and 
intended for residential consumer assistance pursu-
ant to sections 783 through 785 of the Clean Air 
Act), in a way generally recognized as suitable by 
experts. 
‘‘(2) MONTHLY ENERGY REFUND.—The month-
ly energy refund amount for an eligible household 
under this section shall be— 
‘‘(A) if the gross income of the household 
does not exceed 150 percent of the poverty line 
applicable to the household— 
‘‘(i) if the household has 1, 2, 3, or 4 
members, 1⁄12 of the amount estimated 
under paragraph (1) for a household of the 
same size, rounded to the nearest whole 
dollar amount; or 
‘‘(ii) if the household has 5 or more 
members, 1⁄12 of the arithmetic mean value 
of the amounts estimated under paragraph 
(1) for households with 5 or more mem-
bers, rounded to the nearest whole dollar 
amount; or 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01198
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1199 
HR 2454 PCS
‘‘(B) if the gross income of the household 
exceeds 150 percent of the poverty line applica-
ble to the household, 1⁄12 of the amount (if any) 
by which— 
‘‘(i) the amount estimated under 
paragraph (1) for a household of the same 
size; exceeds 
‘‘(ii) 20 percent of the amount by 
which the gross income of the household 
exceeds 150 percent of the poverty line. 
‘‘(e) DELIVERY MECHANISM.— 
‘‘(1) Subject to standards and an implementa-
tion schedule set by the Secretary, the energy refund 
shall be provided in monthly installments via— 
‘‘(A) direct deposit into the eligible house-
hold’s designated bank account; 
‘‘(B) the State’s electronic benefit transfer 
system; or 
‘‘(C) another Federal or State mechanism, 
if such a mechanism is approved by the Sec-
retary. 
‘‘(2) Such standards shall include— 
‘‘(A)(i) defining the required level of recipi-
ent protection regarding privacy; 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01199
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1200 
HR 2454 PCS
‘‘(ii) guidance on how recipients are of-
fered choices, when relevant, about the delivery 
mechanism; 
‘‘(iii) guidance on ease of use and access to 
the refund, including the prohibition of fees 
charged to recipients for withdrawals or other 
services; and 
‘‘(iv) cost-effective protections against im-
proper accessing of the energy refund; 
‘‘(B) operating standards that provide for 
interoperability between States and law enforce-
ment monitoring; and 
‘‘(C) other standards, as determined by the 
Secretary or the Secretary’s designee. 
‘‘(f) ADMINISTRATION.— 
‘‘(1) IN GENERAL.—The State agency of each 
participating State shall assume responsibility for 
the certification of applicant households and for the 
issuance of refunds and the control and account-
ability thereof. 
‘‘(2) PROCEDURES.—Under standards estab-
lished by the Secretary, the State agency shall estab-
lish procedures governing the administration of the 
Energy Refund Program that the State agency de-
termines best serve households in the State, includ-
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01200
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1201 
HR 2454 PCS
ing households with special needs, such as house-
holds with elderly or disabled members, households 
in rural areas, homeless individuals, and households 
residing on reservations as defined in the Indian 
Child Welfare Act of 1978 and the Indian Financing 
Act of 1974. In carrying out this paragraph, a State 
agency— 
‘‘(A) shall provide timely, accurate, and 
fair service to applicants for, and participants 
in, the Energy Refund Program; 
‘‘(B) shall permit an applicant household 
to apply to participate in the program at the 
time that the household first contacts the State 
agency, and shall consider an application that 
contains the name, address, and signature of 
the applicant to be sufficient to constitute an 
application for participation; 
‘‘(C) shall screen any applicant household 
for the Supplemental Nutrition Assistance Pro-
gram, the State’s medical assistance program 
under section XIX of this Act, State Childrens 
Health Insurance Program under section XXI 
of this Act, and a State program that provides 
basic assistance under a State program funded 
under title IV of this Act or with qualified 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01201
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1202 
HR 2454 PCS
State expenditures as defined in section 
409(a)(7) of this Act for eligibility for the En-
ergy Refund Program and, if eligible, shall en-
roll such applicant household in the Energy Re-
fund Program; 
‘‘(D) shall complete certification of and 
provide a refund to any eligible household not 
later than 30 days following its filing of an ap-
plication; 
‘‘(E) shall use appropriate bilingual per-
sonnel and materials in the administration of 
the program in those portions of the State in 
which a substantial number of members of low- 
income households speak a language other than 
English; and 
‘‘(F) shall utilize State agency personnel 
who are employed in accordance with the cur-
rent standards for a Merit System of Personnel 
Administration or any standards later pre-
scribed by the Office of Personnel Management 
pursuant to section 208 of the Intergovern-
mental Personnel Act of 1970 (42 U.S.C. 4728) 
modifying or superseding such standards relat-
ing to the establishment and maintenance of 
personnel standards on a merit basis to make 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01202
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1203 
HR 2454 PCS
all tentative and final determinations of eligi-
bility and ineligibility. 
‘‘(3) REGULATIONS.— 
‘‘(A) Except as provided in subparagraph 
(B), the Secretary shall issue such regulations 
consistent with this section as the Secretary 
deems necessary or appropriate for the effective 
and efficient administration of the Energy Re-
fund Program, and shall promulgate all such 
regulations in accordance with the procedures 
set forth in section 553 of title 5, United States 
Code. 
‘‘(B) Without regard to section 553 of title 
5 of such Code, the Administrator may by rule 
promulgate as final, to be effective until no 
later than 2 years after the date of the enact-
ment of the American Clean Energy and Secu-
rity Act of 2009, any procedures that are sub-
stantially the same as the procedures governing 
the Supplemental Nutrition Assistance Program 
in section 273.2, 273.12, or 273.15 of title 7, 
Code of Federal Regulations. 
‘‘(C) Notwithstanding subsection (i)(4), 
the Secretary may promulgate regulations al-
lowing for streamlined eligibility determinations 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01203
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1204 
HR 2454 PCS
for some or all households which include indi-
viduals receiving assistance under a State plan 
approved under title XIX or XXI of this Act. 
The 
regulations 
may 
institute 
procedures 
whereby the income and family size information 
used for determining eligibility under such title 
XIX or XXI may be the basis for determining 
eligibility for the Energy Refund Program. 
‘‘(D) Notwithstanding any other provision 
of this section, the Secretary may authorize 
States to provide benefits under this section on 
a quarterly basis if the Secretary determines 
that the amount of the benefits that would be 
provided on a monthly basis to households is in-
sufficient to be efficiently paid on a monthly 
basis in light of the administrative expenses of 
the Energy Refund Program. 
‘‘(g) TREATMENT.—The value of the refund provided 
under this section shall not be considered income or re-
sources for any purpose under any Federal, State, or local 
laws, including, but not limited to, laws relating to an in-
come tax, or public assistance programs (including, but 
not limited to, health care, cash aid, child care, nutrition 
programs, and housing assistance) and no participating 
State or political subdivision thereof shall decrease any as-
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01204
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1205 
HR 2454 PCS
sistance otherwise provided an individual or individuals be-
cause of the receipt of a refund under this section. 
‘‘(h) PROGRAM INTEGRITY.—For purposes of ensur-
ing program integrity and complying with the require-
ments of the Improper Payment Information Act of 2002, 
the Secretary shall, to the maximum extent possible, rely 
on and coordinate with the quality control sample and re-
view procedures of paragraphs (2), (3), (4), and (5) of 
section 16(c) of the Food and Nutrition Act of 2008 (7 
U.S.C. 2025(c)). 
‘‘(i) DEFINITIONS.— 
‘‘(1) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Health and Human Services or the 
head of another agency designated by the Secretary 
of Health and Human Services. 
‘‘(2) ELECTRONIC
BENEFIT
TRANSFER
SYS-
TEM.—The term ‘electronic benefit transfer system’ 
means a system by which household benefits or re-
funds defined under subsection (e) are issued from 
and stored in a central databank via electronic ben-
efit transfer cards. 
‘‘(3) GROSS INCOME.—The term ‘gross income’ 
means the gross income of a household that is deter-
mined in accordance with standards and procedures 
established under section 5 of the Food and Nutri-
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01205
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1206 
HR 2454 PCS
tion Act of 2008 (7 U.S.C. 2014) and its imple-
menting regulations. 
‘‘(4) HOUSEHOLD.— 
‘‘(A) The term ‘household’ means— 
‘‘(i) in subparagraphs (A) and (B) of 
subsection (c)(1) of this section, except as 
provided in subparagraph (C) of this para-
graph, an individual or a group of individ-
uals who are a household under section 
3(n) of the Food and Nutrition Act of 
2008 (7 U.S.C. 2012(n)); 
‘‘(ii) in subsection (c)(1)(C) of this 
section, a single individual or married cou-
ple that receives benefits under section 
1860D–14 of this Act (42 U.S.C. 1395w– 
114); and 
‘‘(iii) in subsection (c)(1)(D) of this 
section, a single individual or married cou-
ple that receives benefits under the supple-
mental security income program under title 
XVI of this Act (42 U.S.C. 1381–1383f). 
‘‘(B) The Secretary shall establish rules 
for providing the energy refund in an equitable 
and administratively simple manner to house-
holds where the group of individuals who live 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01206
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1207 
HR 2454 PCS
together includes members not all of whom are 
described in a single clause of subparagraph 
(A), or includes additional members not de-
scribed in any such clause. 
‘‘(C) The Secretary shall establish rules re-
garding the eligibility and delivery of the energy 
refund to groups of individuals described in sec-
tion 3(n)(4) or (5) of the Food and Nutrition 
Act of 2008 (7 U.S.C. 2012(n)). 
‘‘(5) POVERTY LINE.—The term ‘poverty line’ 
has the meaning given the term in section 673(2) of 
the Community Services Block Grant Act (42 U.S.C. 
9902(2)), including any revision required by that 
section. 
‘‘(6) STATE.—The term ‘State’ means the 50 
States, the District of Columbia, the Commonwealth 
of Puerto Rico, American Samoa, the United States 
Virgin Islands, Guam, and the Commonwealth of the 
Northern Mariana Islands. 
‘‘(7) STATE AGENCY.—The term ‘State agency’ 
means an agency of State government, including the 
local offices thereof, that has responsibility for ad-
ministration of the 1 or more federally aided public 
assistance programs within the State, and in those 
States where such assistance programs are operated 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01207
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1208 
HR 2454 PCS
on a decentralized basis, the term shall include the 
counterpart local agencies administering such pro-
grams. 
‘‘(8) OTHER TERMS.—Other terms not defined 
in this title shall have the same meaning applied in 
the Supplemental Nutrition Assistance Program au-
thorized by the Food and Nutrition Act of 2008 (7 
U.S.C. 2011 et seq.) unless the Secretary finds for 
good cause that application of a particular definition 
would be detrimental to the purposes of the Energy 
Refund Program.’’. 
SEC. 432. MODIFICATION OF EARNED INCOME CREDIT 
AMOUNT FOR INDIVIDUALS WITH NO QUALI-
FYING CHILDREN. 
(a) IN GENERAL.—Subsection (b) of section 32 of the 
Internal Revenue Code of 1986 is amended by adding at 
the end the following new paragraph: 
‘‘(4) SPECIAL RULE FOR INDIVIDUALS WITH NO 
QUALIFYING CHILDREN WHO ARE AFFECTED BY THE 
AMERICAN CLEAN ENERGY AND SECURITY ACT OF 
2009.— 
‘‘(A) IN
GENERAL.—In the case of any 
household which the Secretary determines expe-
rienced a reduction in purchasing power as a 
result of the provisions of, or amendments 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01208
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1209 
HR 2454 PCS
made by, the American Clean Energy and Secu-
rity Act of 2009 (determined without regard to 
this paragraph and section 2201 of the Social 
Security Act)— 
‘‘(i) INCREASE IN CREDIT PERCENT-
AGE
AND
PHASEOUT
PERCENTAGE.—The 
table contained in paragraph (1)(A) shall 
be applied by substituting ‘15.3’ for ‘7.65’. 
‘‘(ii) INCREASE IN BEGINNING PHASE-
OUT
AMOUNT.—The table contained in 
paragraph (2)(A) shall be applied by sub-
stituting ‘$11,640’ for ‘$5,280’. 
‘‘(B) INFLATION ADJUSTMENT.— 
‘‘(i) IN GENERAL.—In the case of any 
taxable year beginning after 2012, the 
$11,640 amount in subparagraph (A)(ii) 
shall be increased by an amount equal to— 
‘‘(I) such dollar amount, multi-
plied by 
‘‘(II) the cost of living adjust-
ment determined under section 1(f)(3) 
for the calendar year in which the tax-
able year begins determined by sub-
stituting ‘calendar year 2011’ for ‘cal-
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01209
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1210 
HR 2454 PCS
endar year 1992’ in subparagraph (B) 
thereof. 
‘‘(ii) ROUNDING.—Subparagraph (A) 
of subsection (j)(2) shall apply after taking 
into account any increase under clause (i) 
in the same manner as if such increase 
were under paragraph (1) of subsection (j). 
‘‘(iii) COORDINATION WITH OTHER IN-
FLATION
ADJUSTMENTS.—Paragraph (1) 
of subsection (j) shall not apply to the dol-
lar amount substituted under subpara-
graph (A)(ii).’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply to taxable years beginning after 
December 31, 2011. 
SEC. 433. PROTECTION OF SOCIAL SECURITY AND MEDI-
CARE TRUST FUNDS. 
(a) OASDI TRUST FUNDS.—Section 201 of the So-
cial Security Act (42 U.S.C. 401) is amended by adding 
at the end the following new subsection: 
‘‘(o) The Secretary of the Treasury shall transfer 
from time to time to the Federal Old-Age and Survivors 
Insurance Trust Fund and the Federal Disability Insur-
ance Trust Fund, from amounts in the general fund of 
the Treasury that are not otherwise appropriated, such 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01210
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1211 
HR 2454 PCS
sums as the Chief Actuary of the Social Security Adminis-
tration calculates as necessary (and so certifies to such 
Secretary) for any fiscal year, on account of changes in 
benefit costs and changes in tax revenue attributable to 
the provisions of the American Clean Energy and Security 
Act of 2009 and the amendments made thereby, in order 
to place each of such Trust Funds in the same position 
at the end of such fiscal year as the position in which such 
Trust Fund would have been if such changes had not oc-
curred.’’. 
(b) HI TRUST FUND.—Section 1817 of such Act (42 
U.S.C. 1395i) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(l) TRANSFERS
TO ACCOUNT
FOR CHANGES
IN 
BENEFIT COSTS AND CHANGES IN TAX REVENUE AT-
TRIBUTABLE TO THE AMERICAN CLEAN ENERGY AND SE-
CURITY ACT OF 2009.—The Secretary of the Treasury 
shall transfer from time to time to the Trust Fund, from 
amounts in the general fund of the Treasury that are not 
otherwise appropriated, such sums as the Chief Actuary 
of the Centers for Medicare & Medicaid Services calculates 
as necessary (and so certifies to such Secretary) for any 
fiscal year, on account of changes in benefit costs and 
changes in tax revenue attributable to the provisions of 
the American Clean Energy and Security Act of 2009 and 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01211
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1212 
HR 2454 PCS
the amendments made thereby, in order to place the Trust 
Fund in the same position at the end of such fiscal year 
as the position in which it would have been if such changes 
had not occurred.’’. 
Subtitle D—Exporting Clean 
Technology 
SEC. 441. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds the following: 
(1) Protecting Americans from the impacts of 
climate change requires global reductions in green-
house gas emissions. 
(2) Although developing countries are histori-
cally least responsible for the cumulative greenhouse 
gas emissions that are causing climate change and 
continue to have very low per capita greenhouse gas 
emissions, their overall greenhouse gas emissions are 
increasing as they seek to grow their economies and 
reduce energy poverty for their populations. 
(3) Many developing countries lack the financial 
and technical resources to adopt clean energy tech-
nologies and absent assistance their greenhouse gas 
emissions will continue to increase. 
(4) Investments in clean energy technology co-
operation can substantially reduce global greenhouse 
gas emissions while providing developing countries 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01212
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1213 
HR 2454 PCS
with incentives to adopt policies that will address 
competitiveness concerns related to regulation of 
United States greenhouse gas emissions. 
(5) Investments in clean technology in devel-
oping countries will increase demand for clean en-
ergy products, open up new markets for United 
States companies, spur innovation, and lower costs. 
(6) Under Article 4 of the United Nations 
Framework Convention on Climate Change, devel-
oped country parties, including the United States, 
committed to ‘‘take all practicable steps to promote, 
facilitate, and finance, as appropriate, the transfer 
of, or access to, environmentally sound technologies 
and know-how to other parties, particularly devel-
oping country parties, to enable them to implement 
the provisions of the Convention’’. 
(7) Under the Bali Action Plan, developed 
country parties to the United Nations Framework 
Convention on Climate Change, including the United 
States, committed to ‘‘enhanced action on the provi-
sion of financial resources and investment to support 
action on mitigation and adaptation and technology 
cooperation,’’ including, inter alia, consideration of 
‘‘improved access to adequate, predictable, and sus-
tainable financial resources and financial and tech-
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01213
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1214 
HR 2454 PCS
nical support, and the provision of new and addi-
tional resources, including official and concessional 
funding for developing country parties’’. 
(8) Intellectual property rights are a key driver 
of investment and research and development in, and 
the global deployment of, clean technologies. 
(9) Innovative clean technologies, including 
U.S. and multilateral financing mechanisms for their 
deployment, are critical to mitigating global warming 
pollution, preventing catastrophic changes to the cli-
mate, and developing robust economies around the 
world. 
(10) Any weakening of intellectual property 
rights protection poses a substantial competitive risk 
to U.S. companies and the creation of high-quality 
U.S. jobs, inhibiting the creation of new ‘‘green’’ 
employment and the transformational shift to the 
‘‘Green Economy’’ of the 21st Century. 
(11) Any U.S. funding directed toward assist-
ing developing countries with regard to exporting 
clean technology should promote the robust compli-
ance with and enforcement of existing international 
legal requirements for the protection of intellectual 
property rights as formulated in the Agreement on 
Trade-Related Aspects of Intellectual Property 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01214
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1215 
HR 2454 PCS
Rights, referred to in section 101(d)(15) of the Uru-
guay Round Agreements Act (19 U.S.C.3511(d)(15) 
and in applicable intellectual property provisions of 
bilateral trade agreements. 
(b) PURPOSES.—The purposes of this subtitle are— 
(1) to provide United States assistance and le-
verage private resources to encourage widespread 
implementation, in developing countries, of activities 
that reduce, sequester, or avoid greenhouse gas 
emissions; and 
(2) to provide such assistance in a manner 
that— 
(A) encourages such countries to adopt 
policies and measures, including sector-based 
and cross-sector policies and measures, that 
substantially reduce, sequester, or avoid green-
house gas emissions; 
(B) promotes the successful negotiation of 
a global agreement to reduce greenhouse gas 
emissions under the United Nations Framework 
Convention on Climate Change; and 
(C) promotes robust compliance with and 
enforcement of existing international legal re-
quirements for the protection of intellectual 
property rights, as formulated in the Agreement 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01215
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1216 
HR 2454 PCS
on Trade-Related Aspects of Intellectual Prop-
erty Rights referred to in section 101(d)(15) of 
the Uruguay Round Agreements Act (19 U.S.C. 
3511(d)(15)) and in applicable intellectual 
property provisions of bilateral trade agree-
ments. 
SEC. 442. DEFINITIONS. 
In this subtitle: 
(1) 
ALLOWANCE.—The 
term 
‘‘allowance’’ 
means an emission allowance established under sec-
tion 721 of the Clean Air Act. 
(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committees on Energy and Com-
merce, Foreign Affairs, and Financial Services 
of the House of Representatives; and 
(B) the Committees on Environment and 
Public Works, Energy and Natural Resources, 
and Foreign Relations of the Senate. 
(3) CONVENTION.—The term ‘‘Convention’’ 
means the United Nations Framework Convention 
on Climate Change, done at New York on May 9, 
1992, and entered into force on March 21, 1994. 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01216
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1217 
HR 2454 PCS
(4) DEVELOPING COUNTRY.—The term ‘‘devel-
oping country’’ means a country eligible to receive 
official development assistance according to the in-
come guidelines of the Development Assistance Com-
mittee of the Organization for Economic Coopera-
tion and Development. 
(5) ELIGIBLE
COUNTRY.—The term ‘‘eligible 
country’’ means a developing country that is deter-
mined by the interagency group under section 444 
to be eligible to receive assistance under this sub-
title. 
(6) INTERAGENCY
GROUP.—The term ‘‘inter-
agency group’’ means the group established by the 
President under section 443 to administer the pro-
gram established under this subtitle. 
(7) LEAST DEVELOPED COUNTRY.—The term 
‘‘least developed country’’ means a foreign country 
the United Nations has identified as among the least 
developed of developing countries. 
(8) QUALIFYING ACTIVITY.—The term ‘‘quali-
fying activity’’ means an activity that meets the cri-
teria in section 445. 
(9) QUALIFYING
ENTITY.—The term ‘‘quali-
fying entity’’ means a national, regional, or local 
government in, or a nongovernmental organization 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01217
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1218 
HR 2454 PCS
or private entity located or operating in, an eligible 
country. 
SEC. 443. GOVERNANCE. 
(a) OVERSIGHT.—The Secretary of State, or such 
other Federal agency head as the President may des-
ignate, in consultation with the interagency group estab-
lished under subsection (b), shall oversee distributions of 
allowances allocated under section 782(o) of the Clean Air 
Act (as added by section 321 of this Act) for distribution 
pursuant to this subtitle. 
(b) INTERAGENCY GROUP.—The President shall es-
tablish an interagency group to administer the program 
established under this subtitle. The Members of the inter-
agency group shall include— 
(1) the Secretary of State; 
(2) the Administrator of the Environmental 
Protection Agency; 
(3) the Secretary of Energy; 
(4) the Secretary of the Treasury; 
(5) the Secretary of Commerce; 
(6) the Administrator of the United States 
Agency for International Development; and 
(7) any other head of a Federal agency or exec-
utive branch appointee that the President may des-
ignate. 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01218
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1219 
HR 2454 PCS
(c) CHAIRPERSON.—The Secretary of State shall 
serve as the chairperson of the interagency group. 
(d) SUPPLEMENT NOT SUPPLANT.—Allowances dis-
tributed pursuant to this subtitle shall be used to supple-
ment, and not to supplant, any other Federal, State, or 
local resources available to carry out activities that are 
qualifying activities under this subtitle. 
SEC. 444. DETERMINATION OF ELIGIBLE COUNTRIES. 
(a) IN GENERAL.—The interagency group shall de-
termine a country to be an eligible country for the pur-
poses of this subtitle if a country meets the following cri-
teria: 
(1) The country is a developing country that— 
(A) has entered into an international 
agreement to which the United States is a 
party, under which such country agrees to take 
actions to produce measurable, reportable, and 
verifiable greenhouse gas emissions mitigation; 
or 
(B) is determined by the interagency group 
to have in force national policies and measures 
that are capable of producing measurable, re-
portable, and verifiable greenhouse gas emis-
sions mitigation. 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01219
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1220 
HR 2454 PCS
(2) The country has developed a nationally ap-
propriate mitigation strategy that seeks to achieve 
substantial reductions, sequestration, or avoidance of 
greenhouse gas emissions, relative to business-as- 
usual levels. 
(3) Subject to subsection (b)(1), such other cri-
teria as the President determines will serve the pur-
poses of this subtitle or other United States national 
security, foreign policy, environmental, or economic 
objectives including robust compliance with and en-
forcement of existing international legal require-
ments for the protection of intellectual property 
rights for clean technology, as formulated in the 
Agreement on Trade-Related Aspects of Intellectual 
Property Rights, referred to in section 101(d)(15) of 
the Uruguay Round Agreements Act (19 U.S.C. 
3511(d)(15)) and in applicable intellectual property 
provisions of bilateral trade agreements. 
(b) EXCEPTIONS.— 
(1) Subsection (a)(3) applies only to bilateral 
assistance under section 446(c)(4). 
(2) The eligibility criteria in this section do not 
apply in the case of least developed countries receiv-
ing assistance under section 445(7) for the purpose 
of building capacity to meet such eligibility criteria. 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01220
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1221 
HR 2454 PCS
SEC. 445. QUALIFYING ACTIVITIES. 
Assistance under this subtitle may be provided only 
to qualifying entities for clean technology activities (in-
cluding building relevant technical and institutional capac-
ity) that contribute to substantial, measurable, reportable, 
and verifiable reductions, sequestration, or avoidance of 
greenhouse gas emissions including— 
(1) deployment of technologies to capture and 
sequester carbon dioxide emissions from electric gen-
erating units or large industrial sources (except that 
assistance under this subtitle for such deployment 
shall be limited to the cost of retrofitting existing fa-
cilities with such technologies or the incremental 
cost of purchasing and installing such technologies 
at new facilities); 
(2) deployment of renewable electricity genera-
tion from wind, solar, sustainably produced biomass, 
geothermal, marine, or hydrokinetic sources; 
(3) substantial increases in the efficiency of 
electricity transmission, distribution, and consump-
tion; 
(4) deployment of low- or zero emissions tech-
nologies that are facing financial or other barriers to 
their widespread deployment which could be ad-
dressed through support under this subtitle in order 
to reduce, sequester, or avoid emission; 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01221
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1222 
HR 2454 PCS
(5) reduction in transportation sector emissions 
through increased transportation system and vehicle 
efficiency or use of transportation fuels that have 
lifecycle greenhouse gas emissions that are substan-
tially lower than those attributable to fossil fuel- 
based alternatives; 
(6) reduction in black carbon emissions; or 
(7) capacity building activities, including— 
(A) developing and implementing meth-
odologies and programs for measuring and 
quantifying greenhouse gas emissions and 
verifying emissions mitigation; 
(B) assessing, developing, and imple-
menting technology and policy options for 
greenhouse gas emissions mitigation and avoid-
ance of future emissions, including sector and 
cross-sector mitigation strategies; and 
(C) providing other forms of technical as-
sistance to facilitate the qualification for, and 
receipt of, assistance under this Act. 
SEC. 446. ASSISTANCE. 
(a) IN GENERAL.—The Secretary of State, or such 
other Federal agency head as the President may des-
ignate, is authorized to provide assistance, through the 
distribution of allowances allocated for such purpose under 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01222
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1234 
HR 2454 PCS
(iii) ensure cooperation among Fed-
eral agencies with respect to global change 
research activities; 
(iv) work with academic, State, indus-
try, and other groups conducting global 
change research, to provide for periodic 
public and peer review of the Program; 
(v) cooperate with the Secretary of 
State in— 
(I) providing representation at 
international 
meetings 
and 
con-
ferences on global change research in 
which the United States participates; 
and 
(II) coordinating the Federal ac-
tivities of the United States with pro-
grams of other nations and with inter-
national global change research activi-
ties; 
(vi) work with appropriate Federal, 
State, regional, and local authorities to en-
sure that the Program is designed to 
produce information needed to develop 
policies to mitigate human-induced global 
change and to reduce the vulnerability of 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01234
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS
1235 
HR 2454 PCS
the United States and other regions to 
global change; 
(vii) facilitate ongoing dialog and in-
formation exchange with regional, State, 
and local governments and other user com-
munities; and 
(viii) 
identify 
additional 
decision-
making groups that may use information 
generated through the Program. 
(4) UNITED
STATES
GLOBAL
CHANGE
RE-
SEARCH PROGRAM.— 
(A) 
ESTABLISHMENT.—The 
President 
shall establish an interagency United States 
Global Change Research Program to improve 
understanding of global change, to respond to 
the information needs of communities and deci-
sionmakers, and to provide periodic assessments 
of the vulnerability of the United States and 
other regions to global and regional climate 
change. The Program shall be implemented in 
accordance with the Plan. 
(B) LEAD AGENCY.—The lead agency for 
the United States Global Change Research Pro-
gram shall be the Office of Science and Tech-
nology Policy. 
VerDate Nov 24 2008 
23:34 Jul 07, 2009
Jkt 079200
PO 00000
Frm 01235
Fmt 6652
Sfmt 6201
E:\BILLS\H2454.PCS
H2454
tjames on DSKG8SOYB1PROD with BILLS