1113 
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.
1114 
‘‘(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.
1115 
‘‘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.
1116 
‘‘(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-
1117 
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-
1118 
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.
1119 
‘‘(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.
1120 
‘‘(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
1121 
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—
1122 
‘‘(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).
1123 
‘‘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-
1124 
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
1125 
‘‘(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
1126 
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.’’.
1127 
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;
1128 
(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;
1129 
(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.
1130 
(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-
1131 
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
1132 
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-
1133 
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
1134 
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-
1135 
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
1136 
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;
1137 
(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.
1138 
(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
1139 
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
1140 
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.
1141 
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
1142 
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;
1143 
(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
1144 
(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
1145 
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
1147 
(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.
1148 
(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;
1149 
(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
1150 
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
1151 
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
1152 
(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
1153 
(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
1154 
(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.
1155 
(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—
1156 
(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-
1157 
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
1158 
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
1159 
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
1161 
(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,
1162 
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
1163 
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.
1164 
(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
1165 
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
1166 
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
1167 
(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
1168 
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);
1169 
(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-
1170 
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:
1171 
(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.
1172 
(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
1173 
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);
1174 
(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.
1175 
(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;
1176 
(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
1177 
(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-
1178 
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.—
1179 
(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;
1180 
(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.
1181 
(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-
1182 
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
1183 
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.
1184 
(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;
1185 
(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.
1186 
(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
1187 
(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.
1188 
(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
1189 
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.
1190 
(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
1191 
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).
1192 
(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
1193 
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
1194 
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
1195 
and Nutrition Act of 2008 (7 U.S.C. 2011 
et seq.); 
‘‘(ii) the Food Distribution Program 
on Indian Reservations authorized by sec-
tion 4(b) of such Act (7 U.S.C. 2013(b)); 
or 
‘‘(iii) the program for nutrition assist-
ance in Puerto Rico or American Samoa 
under section 19 of such Act (7 U.S.C. 
2028); 
‘‘(C) the household consists of a single in-
dividual or a married couple, and— 
‘‘(i) receives the subsidy described in 
section 1860D–14 of this Act (42 U.S.C. 
1395w–114); or 
‘‘(ii)(I) participates in the program 
under title XVIII of this Act; and 
‘‘(II) meets the income requirements 
described in section 1860D–14(a)(1) or 
(a)(2) of this Act (42 U.S.C. 1395w– 
114(a)(1) or (a)(2)); or 
‘‘(D) the household consists of a single in-
dividual or a married couple, and receives bene-
fits under the supplemental security income
1196 
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.
1197 
‘‘(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
1198 
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
1199 
‘‘(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;
1200 
‘‘(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-
1201 
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
1202 
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
1203 
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
1204 
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-
1205 
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-
1207 
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
1208 
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
1209 
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-
1210 
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
1211 
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
1212 
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
1213 
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-
1214 
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
1215 
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
1216 
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.
1217 
(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
1218 
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.
1219 
(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.
1220 
(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.
1221 
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;
1222 
(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
1223 
section 782(o) of the Clean Air Act (as added by section 
321 of this Act) for qualifying activities that take place 
in eligible countries, in accordance with the requirements 
of this subtitle. 
(b) DEFINITION.—For the purposes of this section 
the term ‘‘clean technology’’ means any technology or 
service related to the qualifying activities identified in sec-
tion 445. 
(c) DISTRIBUTION OF ALLOWANCES.— 
(1) IN GENERAL.—The Secretary of State, or 
such other Federal agency head as the President 
may designate, after consultation with the inter-
agency group, shall distribute allowances under this 
subtitle— 
(A) in the form of bilateral assistance in 
accordance with paragraph (4); 
(B) to multilateral funds or institutions 
pursuant to the Convention or an agreement 
negotiated under the Convention; or 
(C) through some combination of the 
mechanisms identified in subparagraphs (A) 
and (B). 
(2) GLOBAL ENVIRONMENT FACILITY.—For any 
allowances provided to the Global Environment Fa-
cility pursuant to paragraph (1)(B), the President
1224 
shall designate the Secretary of the Treasury to dis-
tribute those allowances to the Global Environment 
Facility. 
(3) DISTRIBUTION
THROUGH
INTERNATIONAL 
FUND OR INSTITUTION.—If allowances are distrib-
uted to a multilateral fund or institution, as author-
ized in paragraph (1), the Secretary of State, or 
such other Federal agency head as the President 
may designate, shall seek to ensure the establish-
ment and implementation of adequate mechanisms 
to— 
(A) apply and enforce the criteria for de-
termination of eligible countries and qualifying 
activities under sections 444 and 445, respec-
tively; 
(B) require public reporting describing the 
process and methodology for selecting the ulti-
mate recipients of assistance and a description 
of each activity that received assistance, includ-
ing the amount of obligations and expenditures 
for assistance; and 
(C) require that no funds be expended for 
the benefit of any qualifying activity where that 
activity or any activity relating to a qualifying 
activity under section 445 undermines the ro-
1225 
bust compliance with and enforcement of exist-
ing legal requirements for the protection of in-
tellectual property rights for clean technology, 
as formulated in the Agreement on Trade-Re-
lated Aspects of Intellectual Property Rights, 
referred to in section 101(d)(15) of the Uru-
guay Round Agreements Act (19 U.S.C. 
3511(d)(15)). 
(4) BILATERAL ASSISTANCE.— 
(A) IN
GENERAL.—Bilateral assistance 
under paragraph (1) shall be carried out by the 
Administrator of the United States Agency for 
International Development, in consultation with 
the interagency group. 
(B) LIMITATIONS.—Not more than 15 per-
cent of allowances made available to carry out 
bilateral assistance under this subtitle in any 
year shall be distributed to support activities in 
any single country. 
(C) SELECTION CRITERIA.—Not later than 
2 years after the date of enactment of this sub-
title, the Administrator of the United States 
Agency for International Development, after 
consultation with the interagency group, shall 
develop and publish a set of criteria to be used
1226 
in evaluating activities within eligible countries 
for bilateral assistance under this subtitle. 
(D) CRITERIA REQUIREMENTS.—The cri-
teria under subparagraph (C) shall require 
that— 
(i) the activity is a qualifying activity; 
(ii) the activity will be conducted as 
part of an eligible country’s nationally ap-
propriate mitigation strategy or as part of 
an eligible country’s actions towards pro-
viding a nationally appropriate mitigation 
strategy to reduce, sequester, or avoid 
emissions being implemented by the eligi-
ble country; 
(iii) the activity will not have adverse 
effects on human health, safety, or welfare, 
the environment, or natural resources; 
(iv) any technologies deployed through 
bilateral assistance under this subtitle will 
be properly implemented and maintained; 
(v) the activity will not cause any net 
loss of United States jobs or displacement 
of United States production; 
(vi) costs of the activity will be shared 
by the host country government, private
1227 
sector parties, or a multinational develop-
ment bank, except that this clause does not 
apply to least developed countries; 
(vii) the activity would not undermine 
the protection of intellectual property 
rights for clean technology, as formulated 
in the Agreement on Trade-Related As-
pects of Intellectual Property Rights, re-
ferred to in section 101(d)(15) of the Uru-
guay Round Agreements Act (19 U.S.C. 
3511(d)(15)) and applicable intellectual 
property provisions of bilateral trade 
agreements; and 
(viii) the activity meets such other re-
quirements as the interagency group deter-
mines appropriate to further the purposes 
of this subtitle. 
(E) CRITERIA
PREFERENCES.—The cri-
teria under subparagraph (C) shall give pref-
erence to activities that— 
(i) promise to achieve large-scale 
greenhouse gas reductions, sequestration, 
or avoidance at a national, sectoral or 
cross-sectoral level;
1228 
(ii) have the potential to catalyze a 
shift within the host country towards wide-
spread deployment of low- or zero-carbon 
energy technologies; 
(iii) build technical and institutional 
capacity and other activities that are un-
likely to be attractive to private sector 
funding; or 
(iv) maximize opportunities to lever-
age other sources of assistance and cata-
lyze private-sector investment. 
(d) MONITORING, EVALUATION, AND
ENFORCE-
MENT.—The Secretary of State, or such other Federal 
agency head as the President may designate, in consulta-
tion with the interagency group, shall establish and imple-
ment a system to monitor and evaluate the performance 
of activities receiving assistance under this subtitle. The 
Secretary of State, or such other Federal agency head as 
the President may designate, shall have the authority to 
suspend or terminate assistance in whole or in part for 
an activity if it is determined that the activity is not oper-
ating in compliance with the approved proposal. 
(e) COORDINATION WITH U.S. FOREIGN ASSIST-
ANCE.—Subject to the direction of the President, the Sec-
retary of State shall, to the extent practicable, seek to
1229 
align activities under this section with broader develop-
ment, poverty alleviation, or natural resource management 
objectives and initiatives in the recipient country. 
(f) ANNUAL REPORTS.—Not later than March 1, 
2012, and annually thereafter, the President shall submit 
to the appropriate congressional committees a report on 
the assistance provided under this subtitle during the prior 
fiscal year. Such report shall include— 
(1) a description of the amount and value of al-
lowances distributed during the prior fiscal year; 
(2) a description of each activity that received 
assistance during the prior fiscal year, and a de-
scription of the anticipated and actual outcomes; 
(3) an assessment of any adverse effects to 
human health, safety, or welfare, the environment, 
or natural resources as a result of activities sup-
ported under this subtitle; 
(4) an assessment of the success of the assist-
ance provided under this subtitle to improving the 
technical and institutional capacity to implement 
substantial emissions reductions; 
(5) an estimate of the greenhouse gas emissions 
reductions, sequestration, or avoidance achieved by 
assistance provided under this subtitle during the 
prior fiscal year; and
1230 
(6) an assessment whether any funds expended 
for the benefit of any qualifying activity undermined 
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 Uru-
guay 
Round 
Agreements 
Act 
(19 
U.S.C. 
3511(d)(15)) and applicable intellectual property 
provisions of bilateral trade agreements. 
(g) NOT ELIGIBLE FOR OFFSET CREDIT.—Activities 
that receive support under this subtitle shall not be issued 
offset credits for the greenhouse gas emissions reductions 
or avoidance, or greenhouse gas sequestration, produced 
by such activities. 
Subtitle E—Adapting to Climate 
Change 
PART 1—DOMESTIC ADAPTATION 
Subpart A—National Climate Change Adaptation 
Program 
SEC. 451. GLOBAL CHANGE RESEARCH AND DATA MANAGE-
MENT. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Global Change Research and Data Management Act of 
2009’’. 
(b) GLOBAL CHANGE RESEARCH.—
1231 
(1) PURPOSE.—The purpose of this subsection 
is to provide for the continuation and coordination 
of a comprehensive and integrated United States ob-
servation, research, and outreach program which will 
assist the Nation and the world to understand, as-
sess, predict, and respond to the effects of human- 
induced and natural processes of global change. 
(2) DEFINITIONS.—For purposes of this sub-
section— 
(A) the term ‘‘global change’’ means 
human-induced or natural changes in the global 
environment (including alterations in climate, 
land productivity, oceans or other water re-
sources, atmospheric chemistry, biodiversity, 
and ecological systems) that may alter the ca-
pacity of the Earth to sustain life; 
(B) the term ‘‘global change research’’ 
means study, monitoring, assessment, pre-
diction, and information management activities 
to describe and understand— 
(i) the interactive physical, chemical, 
and biological processes that regulate the 
total Earth system; 
(ii) the unique environment that the 
Earth provides for life;
1232 
(iii) changes that are occurring in the 
Earth system; and 
(iv) the manner in which such system, 
environment, and changes are influenced 
by human actions; 
(C) the term ‘‘interagency committee’’ 
means the interagency committee established 
under paragraph (3); 
(D) the term ‘‘Plan’’ means the National 
Global Change Research and Assessment Plan 
developed under paragraph (5); 
(E) the term ‘‘Program’’ means the United 
States Global Change Research Program estab-
lished under paragraph (4); and 
(F) the term ‘‘regional climate change’’ 
means the natural or human-induced changes 
manifested in the local or regional environment 
(including alterations in weather patterns, land 
productivity, water resources, sea level rise, at-
mospheric chemistry, biodiversity, and ecologi-
cal systems) that may alter the capacity of a 
specific region to support current or future so-
cial and economic activity or natural eco-
systems.
1233 
(3) INTERAGENCY COOPERATION AND COORDI-
NATION.— 
(A) 
ESTABLISHMENT.—The 
President 
shall establish or designate an interagency com-
mittee to ensure cooperation and coordination 
of all Federal research activities pertaining to 
processes of global change for the purpose of 
increasing the overall effectiveness and produc-
tivity of Federal global change research efforts. 
The interagency committee shall include re-
search and program representatives of agencies 
conducting global change research, agencies 
with authority over resources likely to be af-
fected by global change, and agencies with au-
thority 
to 
mitigate 
human-induced 
global 
change. 
(B) FUNCTIONS
OF
THE
INTERAGENCY 
COMMITTEE.—The 
interagency 
committee 
shall— 
(i) serve as the forum for developing 
the Plan and for overseeing its implemen-
tation; 
(ii) serve as the forum for developing 
the vulnerability assessment under para-
graph (7);
1234 
(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
1235 
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.
1236 
(C) INTERAGENCY PROGRAM ACTIVITIES.— 
The Director of the Office of Science and Tech-
nology Policy, in consultation with the inter-
agency committee, shall identify activities in-
cluded in the Plan that involve participation by 
2 or more agencies in the Program, and that do 
not fall within the current fiscal year budget al-
locations of those participating agencies, to ful-
fill the requirements of this section. The Direc-
tor of the Office of Science and Technology Pol-
icy shall allocate funds to the agencies to con-
duct the identified interagency activities. Such 
activities may include— 
(i) development of scenarios for cli-
mate, 
land-cover 
change, 
population 
growth, and socioeconomic development; 
(ii) calibration and testing of alter-
native regional and global climate models; 
(iii) identification of economic sectors 
and regional climatic zones; and 
(iv) convening regional workshops to 
facilitate information exchange and in-
volvement of regional, State, and local de-
cisionmakers, non-Federal experts, and
1237 
other stakeholder groups in the activities 
of the Program. 
(D) WORKSHOPS.—The Director shall en-
sure that at least one workshop is held per year 
in each region identified by the Plan under 
paragraph (5)(B)(xi) to facilitate information 
exchange and outreach to regional, State, and 
local stakeholders as required by this section. 
(E) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appro-
priated to the Office of Science and Technology 
Policy 
for 
carrying 
out 
this 
paragraph 
$10,000,000 for each of the fiscal years 2009 
through 2014. 
(5) NATIONAL GLOBAL CHANGE RESEARCH AND 
ASSESSMENT PLAN.— 
(A) IN GENERAL.—The President shall de-
velop a National Global Change Research and 
Assessment Plan for implementation of the Pro-
gram. The Plan shall contain recommendations 
for global change research and assessment. The 
President shall submit an outline for the devel-
opment of the Plan to the Congress within 1 
year after the date of enactment of this Act, 
and shall submit a completed Plan to the Con-
1238 
gress within 3 years after the date of enactment 
of this Act. Revised Plans shall be submitted to 
the Congress at least once every 5 years there-
after. In the development of each Plan, the 
President shall conduct a formal assessment 
process under this paragraph to determine the 
needs of appropriate Federal, State, regional, 
and local authorities and other interested par-
ties regarding the types of information needed 
by them in developing policies to mitigate 
human-induced global change and to reduce so-
ciety’s vulnerability to global change and shall 
utilize these assessments, including the reviews 
by the National Academy of Sciences and the 
National Governors Association under subpara-
graphs (E) and (F), in developing the Plan. 
(B) CONTENTS OF THE PLAN.—The Plan 
shall— 
(i) establish, for the 10-year period 
beginning in the year the Plan is sub-
mitted, the goals and priorities for Federal 
global change research which most effec-
tively advance scientific understanding of 
global change and provide information of 
use to Federal, State, regional, and local
1239 
authorities in the development of policies 
relating to global change; 
(ii) describe specific activities, includ-
ing efforts to determine user information 
needs, research activities, data collection, 
database development, and data analysis 
requirements, development of regional sce-
narios, assessment of model predictability, 
assessment of climate change impacts, par-
ticipation in international research efforts, 
and information management, required to 
achieve such goals and priorities; 
(iii) identify relevant programs and 
activities of the Federal agencies that con-
tribute to the Program directly and indi-
rectly; 
(iv) set forth the role of each Federal 
agency in implementing the Plan; 
(v) consider and utilize, as appro-
priate, reports and studies conducted by 
Federal agencies, the National Research 
Council, or other entities; 
(vi) make recommendations for the 
coordination of the global change research 
and assessment activities of the United
1240 
States with such activities of other nations 
and international organizations, includ-
ing— 
(I) a description of the extent 
and nature of international coopera-
tive activities; 
(II) bilateral and multilateral ef-
forts to provide worldwide access to 
scientific data and information; and 
(III) improving participation by 
developing nations in international 
global change research and environ-
mental data collection; 
(vii) detail budget requirements for 
Federal global change research and assess-
ment activities to be conducted under the 
Plan; 
(viii) catalog the type of information 
identified by appropriate Federal, State, 
regional, and local decisionmakers needed 
to develop policies to reduce society’s vul-
nerability to global change and indicate 
how the planned research will meet these 
decisionmakers’ information needs;
1241 
(ix) identify the observing systems 
currently employed in collecting data rel-
evant to global and regional climate change 
research and prioritize additional observa-
tion systems that may be needed to ensure 
adequate data collection and monitoring of 
global change; 
(x) describe specific activities designed 
to facilitate outreach and data and infor-
mation exchange with regional, State, and 
local governments and other user commu-
nities; and 
(xi) identify and describe regions of 
the United States that are likely to experi-
ence similar impacts of global change or 
are likely to share similar vulnerabilities to 
global change. 
(C) RESEARCH
ELEMENTS.—The Plan 
shall include at a minimum the following re-
search elements: 
(i) Global measurements, establishing 
worldwide to regional scale observations 
prioritized to understand global change 
and to meet the information needs of deci-
1242 
sionmakers on all relevant spatial and time 
scales. 
(ii) Information on economic, demo-
graphic, and technological trends that con-
tribute to changes in the Earth system and 
that influence society’s vulnerability to 
global and regional climate change. 
(iii) Development of indicators and 
baseline databases to document global 
change, including changes in species dis-
tribution and behavior, extent of glacia-
tions, and changes in sea level. 
(iv) Studies of historical changes in 
the Earth system, using evidence from the 
geological and fossil record. 
(v) Assessments of predictability using 
quantitative models of the Earth system to 
simulate global and regional environmental 
processes and trends. 
(vi) Focused research initiatives to 
understand the nature of and interaction 
among physical, chemical, biological, land 
use, and social processes related to global 
and regional climate change.
1243 
(vii) Focused research initiatives to 
determine and then meet the information 
needs of appropriate Federal, State, and 
regional decisionmakers. 
(D) INFORMATION
MANAGEMENT.—The 
Plan shall incorporate, to the extent practicable, 
the recommendations relating to data acquisi-
tion, management, integration, and archiving 
made by the interagency climate and other 
global change data management working group 
established under subsection (c)(3). 
(E) NATIONAL
ACADEMY
OF
SCIENCES 
EVALUATION.—The President shall enter into 
an agreement with the National Academy of 
Sciences under which the Academy shall— 
(i) evaluate the scientific content of 
the Plan; and 
(ii) recommend priorities for future 
global and regional climate change re-
search and assessment. 
(F) NATIONAL
GOVERNORS
ASSOCIATION 
EVALUATION.—The President shall enter into 
an agreement with the National Governors As-
sociation Center for Best Practices under which 
that Center shall—
1244 
(i) evaluate the utility to State, local, 
and regional decisionmakers of each Plan 
and of the anticipated and actual informa-
tion outputs of the Program for develop-
ment of State, local, and regional policies 
to reduce vulnerability to global change; 
and 
(ii) recommend priorities for future 
global and regional climate change re-
search and assessment. 
(G) PUBLIC
PARTICIPATION.—In devel-
oping the Plan, the President shall consult with 
representatives of academic, State, industry, 
and environmental groups. Not later than 90 
days before the President submits the Plan, or 
any revision thereof, to the Congress, a sum-
mary of the proposed Plan shall be published in 
the Federal Register for a public comment pe-
riod of not less than 60 days. 
(6) BUDGET COORDINATION.— 
(A) IN
GENERAL.—The President shall 
provide general guidance to each Federal agen-
cy participating in the Program with respect to 
the preparation of requests for appropriations 
for activities related to the Program.
1245 
(B) 
CONSIDERATION
IN
PRESIDENT’S 
BUDGET.—The President shall submit, at the 
time of his annual budget request to Congress, 
a description of those items in each agency’s 
annual budget which are elements of the Pro-
gram. 
(7) VULNERABILITY ASSESSMENT.— 
(A) REQUIREMENT.—Within 1 year after 
the date of enactment of this Act, and at least 
once every 5 years thereafter, the President 
shall submit to the Congress an assessment 
which— 
(i) integrates, evaluates, and inter-
prets the findings of the Program and dis-
cusses the scientific uncertainties associ-
ated with such findings; 
(ii) analyzes current trends in global 
change, both human-induced and natural, 
and projects major trends for the subse-
quent 25 to 100 years; 
(iii) based on indicators and baselines 
developed under paragraph (5)(C)(iii), as 
well as other measurements, analyzes 
changes to the natural environment, land
1246 
and water resources, and biological diver-
sity in— 
(I) major geographic regions of 
the United States; and 
(II) other continents; 
(iv) analyzes the effects of global 
change, including the changes described in 
clause (iii), on food and fiber production, 
energy production and use, transportation, 
human health and welfare, water avail-
ability and coastal infrastructure, and 
human social and economic systems, in-
cluding providing information about the 
differential impacts on specific geographic 
regions within the United States, on people 
of different income levels within those re-
gions, and for rural and urban areas with-
in those regions; and 
(v) summarizes the vulnerability of 
different geographic regions of the world to 
global change and analyzes the implica-
tions of global change for the United 
States, including international assistance, 
population displacement, food and resource 
availability, and national security.
1247 
(B) USE OF RELATED REPORTS.—To the 
extent appropriate, the assessment produced 
pursuant to this paragraph may coordinate 
with, consider, incorporate, or otherwise make 
use of related reports, assessments, or informa-
tion produced by the United States Global 
Change Research Program, regional, State, and 
local entities, and international organizations, 
including the World Meteorological Organiza-
tion and the Intergovernmental Panel on Cli-
mate Change. 
(8) POLICY
ASSESSMENT.—Not later than 1 
year after the date of enactment of this Act, and at 
least once every 4 years thereafter, the President 
shall enter into a joint agreement with the National 
Academy of Public Administration and the National 
Academy of Sciences under which the Academies 
shall— 
(A) document current policy options being 
implemented by Federal, State, and local gov-
ernments to mitigate or adapt to the effects of 
global and regional climate change; 
(B) evaluate the realized and anticipated 
effectiveness of those current policy options in 
meeting mitigation and adaptation goals;
1248 
(C) identify and evaluate a range of addi-
tional policy options and infrastructure for miti-
gating or adapting to the effects of global and 
regional climate change; 
(D) analyze the adoption rates of policies 
and technologies available to reduce the vulner-
ability of society to global change with an eval-
uation of the market and policy obstacles to 
their adoption in the United States; and 
(E) evaluate the distribution of economic 
costs and benefits of these policy options across 
different United States economic sectors. 
(9) ANNUAL REPORT.—Each year at the time 
of submission to the Congress of the President’s 
budget request, the President shall submit to the 
Congress a report on the activities conducted pursu-
ant to this subsection, including— 
(A) a description of the activities of the 
Program during the past fiscal year; 
(B) a description of the activities planned 
in the next fiscal year toward achieving the 
goals of the Plan; and 
(C) a description of the groups or cat-
egories of State, local, and regional decision-
makers identified as potential users of the in-
1249 
formation generated through the Program and 
a description of the activities used to facilitate 
consultations with and outreach to these 
groups, coordinated through the work of the 
interagency committee. 
(10) RELATION TO OTHER AUTHORITIES.—The 
President shall— 
(A) ensure that relevant research, assess-
ment, and outreach activities of the National 
Climate Program, established by the National 
Climate Program Act (15 U.S.C. 2901 et seq.), 
are considered in developing national global and 
regional climate change research and assess-
ment efforts; and 
(B) facilitate ongoing dialog and informa-
tion exchange with regional, State, and local 
governments 
and 
other 
user 
communities 
through programs authorized in the National 
Climate Program Act (15 U.S.C. 2901 et seq.). 
(11) REPEAL.—The Global Change Research 
Act of 1990 (15 U.S.C. 2921 et seq.) is amended by 
striking titles I and III thereof. 
(12) GLOBAL
CHANGE
RESEARCH
INFORMA-
TION.—The President shall establish or designate a 
Global Change Research Information Exchange to
1250 
make scientific research and other information pro-
duced through or utilized by the Program which 
would be useful in preventing, mitigating, or adapt-
ing to the effects of global change accessible through 
electronic means. 
(13) ICE SHEET STUDY AND REPORT.— 
(A) STUDY.— 
(i) REQUIREMENT.—The Director of 
the National Science Foundation and the 
Administrator of National Oceanic and At-
mospheric Administration shall enter into 
an arrangement with the National Acad-
emy of Sciences to complete a study of the 
current status of ice sheet melt, as caused 
by climate change, with implications for 
global sea level rise. 
(ii) CONTENTS.—The study shall take 
into consideration— 
(I) the past research completed 
related to ice sheet melt as reviewed 
by Working Group I of the Intergov-
ernmental Panel on Climate Change; 
(II) additional research com-
pleted since the fall of 2005 that was
1251 
not included in the Working Group I 
report due to time constraints; and 
(III) the need for an accurate as-
sessment of changes in ice sheet 
spreading, changes in ice sheet flow, 
self-lubrication, the corresponding ef-
fect on ice sheets, and current mod-
eling capabilities. 
(B) REPORT.—Not later than 18 months 
after the date of enactment of this Act, the Na-
tional Academy of Sciences shall transmit to 
the Committee on Science and Technology of 
the House of Representatives and the Com-
mittee on Commerce, Science, and Transpor-
tation of the Senate a report on the key find-
ings of the study conducted under subpara-
graph (A), along with recommendations for ad-
ditional research related to ice sheet melt and 
corresponding sea level rise. 
(14) HURRICANE FREQUENCY AND INTENSITY 
STUDY AND REPORT.— 
(A) STUDY.— 
(i) 
REQUIREMENT.—The 
Adminis-
trator of the National Oceanic and Atmos-
pheric Administration and the Director of
1252 
the National Science Foundation shall 
enter into an arrangement with the Na-
tional Academy of Sciences to complete a 
study of the current state of the science on 
the potential impacts of climate change on 
patterns of hurricane and typhoon develop-
ment, including storm intensity, track, and 
frequency, and the implications for hurri-
cane-prone and typhoon-prone coastal re-
gions. 
(ii) CONTENTS.—The study shall take 
into consideration— 
(I) the past research completed 
related to hurricane and typhoon de-
velopment, track, and intensity as re-
viewed by Working Groups I and II of 
the Intergovernmental Panel on Cli-
mate Change; 
(II) additional research com-
pleted since the fall of 2005 that was 
not included in the Working Group I 
and II reports due to time con-
straints; 
(III) the need for accurate as-
sessment of potential changes in hur-
1253 
ricane and typhoon intensity, track, 
and frequency and of the current 
modeling and forecasting capabilities 
and the need for improvements in 
forecasting of these parameters; and 
(IV) the need for additional re-
search and monitoring to improve 
forecasting of hurricanes and ty-
phoons and to understand the rela-
tionship between climate change and 
hurricane and typhoon development. 
(B) REPORT.—Not later than 18 months 
after the date of enactment of this Act, the Na-
tional Academy of Sciences shall transmit to 
the Committee on Science and Technology of 
the House of Representatives and the Com-
mittee on Commerce, Science, and Transpor-
tation of the Senate a report on the key find-
ings of the study conducted under subpara-
graph (A). 
(c) CLIMATE AND OTHER GLOBAL CHANGE DATA 
MANAGEMENT.— 
(1) PURPOSES.—The purposes of this sub-
section are to establish climate and other global 
change data management and archiving as Federal
1254 
agency missions, and to establish Federal policies for 
managing and archiving climate and other global 
change data. 
(2) DEFINITIONS.—For purposes of this sub-
section— 
(A) the term ‘‘metadata’’ means informa-
tion describing the content, quality, condition, 
and other characteristics of climate and other 
global change data, compiled, to the maximum 
extent possible, consistent with the require-
ments of the ‘‘Content Standard for Digital 
Geospatial Metadata’’ (FGDC–STD–001–1998) 
issued by the Federal Geographic Data Com-
mittee, or any successor standard approved by 
the working group; and 
(B) the term ‘‘working group’’ means the 
interagency climate and other global change 
data management working group established 
under paragraph (3). 
(3) INTERAGENCY CLIMATE AND OTHER GLOB-
AL CHANGE DATA MANAGEMENT WORKING GROUP.— 
(A) 
ESTABLISHMENT.—The 
President 
shall establish or designate an interagency cli-
mate and other global change data management 
working group to make recommendations for
1255 
coordinating Federal climate and other global 
change data management and archiving activi-
ties. 
(B) MEMBERSHIP.—The working group 
shall include the Administrator of the National 
Aeronautics and Space Administration, the Ad-
ministrator of the National Oceanic and Atmos-
pheric Administration, the Secretary of Energy, 
the Secretary of Defense, the Director of the 
National Science Foundation, the Director of 
the United States Geological Survey, the Archi-
vist of the United States, the Administrator of 
the Environmental Protection Agency, the Sec-
retary of the Smithsonian Institution, or their 
designees, and representatives of any other 
Federal agencies the President considers appro-
priate. 
(C) REPORTS.—Not later than 1 year after 
the date of enactment of this Act, the working 
group shall transmit a report to the Congress 
containing the elements described in subpara-
graph (D). Not later than 4 years after the ini-
tial report under this subparagraph, and at 
least once every 4 years thereafter, the working 
group shall transmit reports updating the pre-
1256 
vious report. In preparing reports under this 
subparagraph, the working group shall consult 
with expected users of the data collected and 
archived by the Program. 
(D) CONTENTS.—The reports and updates 
required under subparagraph (C) shall— 
(i) include recommendations for the 
establishment, maintenance, and accessi-
bility of a catalog identifying all available 
climate and other global change data sets; 
(ii) identify climate and other global 
change data collections in danger of being 
lost and recommend actions to prevent 
such loss; 
(iii) identify gaps in climate and other 
global change data and recommend actions 
to fill those gaps; 
(iv) identify effective and compatible 
procedures for climate and other global 
change data collection, management, and 
retention and make recommendations for 
ensuring their use by Federal agencies and 
other appropriate entities; 
(v) develop and propose a coordinated 
strategy for funding and allocating respon-
1257 
sibilities among Federal agencies for cli-
mate and other global change data collec-
tion, management, and retention; 
(vi) make recommendations for ensur-
ing that particular attention is paid to the 
collection, management, and archiving of 
metadata; 
(vii) make recommendations for en-
suring a unified and coordinated Federal 
capital investment strategy with respect to 
climate and other global change data col-
lection, management, and archiving; 
(viii) evaluate the data record from 
each observing system and make rec-
ommendations to ensure that delivered 
data are free from time-dependent biases 
and random errors before they are trans-
ferred to long-term archives; and 
(ix) evaluate optimal design of obser-
vation system components to ensure a cost- 
effective, adequate set of observations de-
tecting and tracking global change. 
SEC. 452. NATIONAL CLIMATE SERVICE. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘National Climate Service Act of 2009’’.
1258 
(b) PURPOSE.—The purpose of this section is to es-
tablish a National Climate Service and to define the activi-
ties to be undertaken within the National Oceanic and At-
mospheric Administration to— 
(1) advance understanding of climate variability 
and change at the global, national, regional, and 
local levels; 
(2) provide forecasts, warnings, and other infor-
mation to the public on variability and change in 
weather and climate that affect geographic areas, 
natural resources, infrastructure, economic sectors, 
and communities; and 
(3) support development of adaptation and re-
sponse plans by Federal agencies, State, local, and 
tribal governments, the private sector, and the pub-
lic. 
(c) DEFINITIONS.—In this section: 
(1) ADVISORY COMMITTEE.—The term ‘‘Advi-
sory Committee’’ means the Climate Service Advi-
sory Committee established under subsection (f). 
(2) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the Climate Service Office. 
(3) REPRESENTATIVE.—The term ‘‘representa-
tive’’ means an individual who is not a full-time or 
part-time employee of the Federal Government and
1259 
who is appointed to an advisory committee to rep-
resent the views of an entity or entities outside the 
Federal Government. 
(4) SPECIAL
GOVERNMENT
EMPLOYEE.—The 
term ‘‘Special Government Employee’’ has the same 
meaning as in section 202(a) of title 18, United 
States Code. 
(5) UNDER
SECRETARY.—The term ‘‘Under 
Secretary’’ means the Under Secretary of Commerce 
for Oceans and Atmosphere. 
(d) INTERAGENCY DEVELOPMENT OF A NATIONAL 
CLIMATE SERVICE.— 
(1) IN GENERAL.—The President shall— 
(A) initiate a process within 30 days after 
the date of enactment of this Act through the 
Committee on Environment and Natural Re-
sources of the National Science and Technology 
Council and led by the Director of the Office of 
Science and Technology Policy, to evaluate al-
ternative structures to support a collaborative, 
interagency research and operational program 
that will achieve the goal of meeting the needs 
of decisionmakers in— 
(i) Federal agencies;
1260 
(ii) State, local, and tribal govern-
ments; 
(iii) regional entities and other stake-
holders and users, 
for reliable, timely, and relevant information re-
lated to climate variability and change; 
(B) within 1 year after the date of enact-
ment of this Act complete pursuant to para-
graph (2) a survey of the needs of current and 
future users of information related to climate 
variability and change; 
(C) within 2 years after the date of enact-
ment of this Act report to Congress under para-
graph (3) the results of the evaluation described 
in subparagraph (A) and provide a plan to es-
tablish a collaborative, interagency research and 
operational program to deliver information re-
lated to climate variability and change to all 
users; and 
(D) within 3 years after the date of enact-
ment of this Act, and after delivery of the re-
port to Congress required under subparagraph 
(C), establish a National Climate Service, based 
upon the information obtained through the
1261 
process described in subparagraph (A), that 
meets the goal described in subparagraph (A). 
(2) SURVEY
OF
NEED
FOR
CLIMATE
SERV-
ICES.— 
(A) IN GENERAL.—The Director of the Of-
fice of Science and Technology Policy, through 
the Committee on Environment and Natural 
Resources, shall provide a report to Congress 
within 1 year after the date of enactment of 
this Act that compiles information on the cur-
rent climate products being delivered by each 
Federal agency and its partner organizations to 
users and stakeholders, and on the needs of 
users and stakeholders for new climate products 
and services. 
(B) CONTENTS OF THE REPORT.—The re-
port shall identify— 
(i) specific user groups and stake-
holders that currently are served by each 
Federal agency and its partner organiza-
tions; 
(ii) the type of climate products and 
services currently delivered to specific 
users groups and stakeholders, and the 
specific Federal agency office, program, or
1262 
partner organization that delivers these 
products and services; 
(iii) potential user groups and stake-
holders that may be served by expanding 
climate products and services; 
(iv) specific needs for new climate 
products and services to be delivered by 
each Federal agency and its partner orga-
nizations identified by user groups and 
stakeholders; 
(v) a characterization of the different 
user and stakeholder groups that were sur-
veyed by each Federal agency; and 
(vi) a list of non-Federal entities that 
deliver climate products and services. 
(3) REPORT TO CONGRESS.— 
(A) IN GENERAL.—Within 2 years after 
the date of enactment of this Act, the Director 
of the Office of Science and Technology Policy 
shall report to the President and the Congress 
on a proposal, prepared through the Committee 
on Environment and Natural Resources, to es-
tablish and operate a National Climate Service. 
The report shall include—
1263 
(i) a description of the alternative 
structures considered; 
(ii) a description of the structure pro-
posed for a National Climate Service, in-
cluding a discussion of the benefits of this 
structure as compared to the alternatives 
considered; 
(iii) designation of a specific office or 
agency that will lead the National Climate 
Service and that shall be accountable for 
the daily operation of the National Climate 
Service; 
(iv) a description of the role and capa-
bility of each Federal agency, including a 
list of all entities within each agency or 
supported with agency funds that currently 
provide or may provide climate products or 
services; 
(v) a description of the mechanisms 
that will be used to ensure ongoing com-
munication 
and 
information 
exchange 
among the Federal agencies and between 
Federal agencies and their respective user 
and stakeholder communities including—
1264 
(I) mechanisms to facilitate ongo-
ing dialogue with non-Federal organi-
zations providing climate services; 
(II) mechanisms to facilitate on-
going dialogue with regional, State, 
local, and tribal governments, the pri-
vate sector, and other users and 
stakeholders on the development and 
delivery of climate services; 
(III) mechanisms to collect infor-
mation, observations, and other data 
relevant for improving climate prod-
ucts and services; and 
(IV) designation of points of con-
tact for each Federal agency with re-
sponsibilities to deliver climate serv-
ices; 
(vi) a detailed description of the proc-
esses and procedures that will be necessary 
to coordinate observations and information 
collection by different Federal agencies to 
ensure the compatibility of information and 
to facilitate data and information exchange 
among Federal agencies and with non-Fed-
eral entities, and a designation of the
1265 
agency or agencies that would be respon-
sible for ongoing oversight of these func-
tions; 
(vii) a detailed description of how re-
search findings and climate impact assess-
ments produced through the United States 
Global Change Research Program and the 
other activities undertaken within the 
United States Global Change Research 
Program would be integrated with the ac-
tivities undertaken by a National Climate 
Service; 
(viii) a list of the existing observation 
and monitoring systems or programs oper-
ated by each Federal agency that provide 
data, observations, and other information 
that may be used to develop or improve cli-
mate products and services; 
(ix) a description of new infrastruc-
ture, equipment, personnel or other re-
sources, by agency, that may be needed to 
achieve the goals of a National Climate 
Service, and the time period over which 
these new resources will be allocated;