799 
(17) The term ‘‘State agency’’ means the agen-
cy of the State which administers the State law. 
(18) The term ‘‘State law’’ means the unem-
ployment insurance law of the State approved by the 
Secretary of Labor under section 3304 of the Inter-
nal Revenue Code of 1954. 
(19) 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. 
(20) 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). 
(21) The term ‘‘week’’ means a week as defined 
in the applicable State law. 
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(22) 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. 
(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 
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(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 
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-
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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). 
(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. 
(3) PENALTIES
FOR
FRAUD.—Any person 
who— 
(A) makes a false statement of a material 
fact knowing it to be false, or knowingly fails 
to disclose a material fact, for the purpose of 
obtaining or increasing for that person or for 
any other person any payment authorized to be 
furnished under this part, or 
(B) makes a false statement of a material 
fact knowing it to be false, or knowingly fails 
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to disclose a material fact, when providing in-
formation to the Secretary during an investiga-
tion of a petition under section 425(c), 
shall be imprisoned for not more than one year, or fined 
under title 18, United States Code, or both, and be ineli-
gible for any further payments under this part. 
(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. 
ø(k) SPENDING LIMIT.—For each fiscal year, the 
total amount of funds disbursed for the purposes described 
in section 426 shall not exceed the amount deposited in 
that fiscal year into the Climate Change Worker Assist-
ance Fund established under section ø782(j)¿ of the Clean 
Air Act. The annual spending limit for any succeeding 
year shall be increased by the difference, if any, between 
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the amount of the prior year’s disbursements and the 
spending limitation for that year. The Secretary shall pro-
mulgate rules to ensure that this spending limit is not ex-
ceeded. Such rules shall provide that workers who receive 
any of the benefits described in section 426 receive full 
benefits, and shall include the establishment of a waiting 
list for workers in the event that the requests for assist-
ance exceed the spending limit.¿ 
Subtitle C—Consumer Assistance 
SEC. 431. ENERGY TAX CREDIT. 
Subpart C of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 is amended by in-
serting after section 36A the following new section: 
‘‘SEC. 36B. ENERGY TAX CREDIT. 
‘‘(a) ALLOWANCE OF CREDIT.—In the case of an eli-
gible individual, there shall be allowed as a credit against 
the tax imposed by this subtitle for the taxable year an 
amount equal to— 
‘‘(1) for an eligible individual with applicable 
income of less than $6,000, the phase in rate times 
the applicable income; 
‘‘(2) for an eligible individual with applicable 
income that is greater than or equal to $6,000 and 
is less than or equal to the phase down amount, the 
maximum energy tax credit; 
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‘‘(3) for an individual with applicable income 
that exceeds the phase down amount, an amount 
equal to— 
‘‘(A) the maximum energy tax credit 
minus; or 
‘‘(B) the difference between the individ-
ual’s applicable income and the phase down 
amount multiplied by .2. 
‘‘(b) COORDINATION WITH ENERGY REFUND RE-
CEIVED THROUGH STATE HUMAN SERVICE AGENCIES.— 
The amount described in subsection (a) shall be reduced 
by 1⁄12 for each month in which the individual or his or 
her spouse received a refund under section 432 of the Safe 
Climate Act. 
‘‘(1) The Secretary of the Treasury shall pro-
mulgate regulations that instruct States on how to 
inform adult individuals who receive a refund under 
section 432 of the Safe Climate Act of the number 
of months he or she received a refund and how such 
information shall be provided to the Internal Rev-
enue Service. 
‘‘(2) The Secretary of the Treasury shall estab-
lish a telephone and online system that allows an in-
dividual to inquire about the number of months she 
or he received such a refund. 
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‘‘(3) In the case of an individual that does not 
report the number of months a refund was provided 
under section 432 of the Safe Climate Act or re-
corded an incorrect number of months, the Secretary 
of the Treasury shall adjust the energy tax credit 
based on the information received from States, pro-
vided that the Secretary of the Treasury has made 
a determination that the information meets a suffi-
cient standard for accuracy. 
‘‘(c) DEFINITIONS AND SPECIAL RULES.—For pur-
poses of this section— 
‘‘(1) ELIGIBLE INDIVIDUAL.— 
‘‘(A) IN GENERAL.—The term ‘eligible in-
dividual’ means any individual other than— 
‘‘(i) any nonresident alien individual; 
‘‘(ii) any individual with respect to 
whom a deduction under section 151 is al-
lowable to another taxpayer for a taxable 
year beginning in the calendar year in 
which the individual’s taxable year begins; 
and 
‘‘(iii) an estate or trust. 
‘‘(B) IDENTIFICATION NUMBER REQUIRE-
MENT.—Such term shall not include any indi-
vidual who— 
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‘‘(i) in the case of a return that is not 
a joint return, does not include the social 
security number of the individual; and 
‘‘(ii) in the case of joint return, does 
not include the social security number of 
at least one of the taxpayers on such re-
turn. 
For purposes of the preceding sentence, the so-
cial security number shall not include a TIN 
issued by the Internal Revenue Service. 
‘‘(2) APPLICABLE INCOME.—Applicable income 
means the larger of— 
‘‘(A) earned income as defined in section 
32(c)(2), except that such term shall not in-
clude net earnings from self-employment which 
are not taken into account in computing taxable 
income; and 
‘‘(B) adjusted gross income. 
‘‘(3) PHASE IN RATE.—The Secretary of the 
Treasury shall compute the phase in rates each year 
for the energy credit for joint returns and for re-
turns that are not filed jointly with respect to each 
relevant number of qualifying individuals such that 
the phase in rate equals the maximum energy tax 
credit divided by $6,000. 
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‘‘(4) MAXIMUM ENERGY TAX CREDIT.— 
‘‘(A) IN GENERAL.— 
‘‘(i) The maximum energy tax credit 
shall vary based on the number of individ-
uals in the tax filing unit. 
‘‘(ii) The maximum energy tax credit 
for a filing unit of a particular size shall 
be equal to the average annual reduction in 
purchasing power for low-income house-
holds of that household size, as calculated 
by the Environmental Protection Agency, 
that results from the regulation of green-
house gas emissions under title VII of the 
Clean Air Act. 
‘‘(iii) The Environmental Protection 
Agency, in consultation with other appro-
priate federal agencies, shall calculate the 
maximum energy tax credit by August 31 
of each year for the following calendar year 
using the most recent, reliable data avail-
able. 
‘‘(B) ENERGY
TAX
CREDIT
CALCULA-
TION.— 
‘‘(i) DISTRIBUTION.—For each cal-
endar year, the Environmental Protection 
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Agency shall determine pursuant to sub-
paragraph (B)(iii) the aggregate reduction 
in purchasing power among all United 
States households that results from the 
regulation of greenhouse gas emissions 
under title VII of the Clean Air Act and 
distribute that aggregate reduction in pur-
chasing power among all United States 
households based on— 
‘‘(I) households’ share of total 
consumption by all households; 
‘‘(II) the carbon intensity and 
covered-emissions intensity of house-
holds’ consumption; and 
‘‘(III) the share of households’ 
carbon and covered-emissions con-
sumption that is not financed by Fed-
eral benefits subject to a cost of living 
adjustment that offsets increased car-
bon costs. 
‘‘(ii) MAXIMUM
ENERGY
TAX
CRED-
IT.—The maximum energy tax credit shall 
be equal to the arithmetic mean value of 
the amount allocated under clause (i) to 
households of a specified household size in 
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the lowest income quintile. Tax filing units 
that include 5 or more individuals shall be 
eligible for the arithmetic mean value of 
the amount allocated under clause (i) to 
households that includes 5 or more individ-
uals. 
‘‘(iii) 
AGGREGATE
REDUCTION
IN 
PURCHASING
POWER.—For purposes of 
this section, the aggregate reduction in 
purchasing power shall be based on the 
projected total market value of the emis-
sions allowances used to demonstrate com-
pliance with title VII of the Clean Air Act 
in that year, adjusted to reflect costs that 
were not incurred by households as a re-
sult of allowances freely allocated pursuant 
to section ø782¿ of the Clean Air Act, as 
estimated by the Environmental Protection 
Agency, and calculated in a way generally 
recognized as suitable by experts in evalu-
ating such purchasing power impacts. 
‘‘(iv) 
INCOME
QUINTILES.—Income 
quintiles shall be determined by ranking 
households according to income adjusted 
for household size, and shall be constructed 
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so that each quintile contains an equal 
number of people. 
‘‘(5) PHASE DOWN AMOUNT.— 
‘‘(A) In the case of an eligible individual 
who has no qualifying individuals, the phase 
down amount shall be— 
‘‘(i) $20,000 in the case of an indi-
vidual who does not file a joint return; and 
‘‘(ii) $25,000 in the case of a joint re-
turn. 
‘‘(B) In the case of an eligible individual 
who files a joint return and has at least one 
qualifying individual— 
‘‘(i) If the eligible individual has one 
qualifying individual, the lowest income 
level that exceeds the phaseout amount as 
defined in section 32(b)(2) at which a mar-
ried couple with one qualifying child is in-
eligible for the earned income credit for the 
taxable year. 
‘‘(ii) If the eligible individual has two 
qualifying individuals, the lowest income 
level that exceeds the phaseout amount as 
defined in section 32(b)(2) at which a mar-
ried couple with two qualifying children is 
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ineligible for the earned income credit for 
the taxable year. 
‘‘(iii) If the eligible individual claims 
three or more qualifying individuals, the 
lowest income level that exceeds the phase-
out amount as defined in section 32(b)(2) 
at which a married couple with three or 
more qualifying children is ineligible for 
the earned income credit for the taxable 
year. 
‘‘(C) In the case of an eligible individual 
who does not file a joint return and has at least 
one individual qualifying individual— 
‘‘(i) If the eligible individual has one 
qualifying individual, the lowest income 
level that exceeds the phaseout amount as 
defined in section 32(b)(2) at which a sin-
gle individual with one qualifying child is 
ineligible for the earned income credit for 
the taxable year. 
‘‘(ii) If the eligible individual has two 
qualifying individuals, the lowest income 
level that exceeds the phaseout amount as 
defined in section 32(b)(2) at which a sin-
gle individual with two qualifying children 
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is ineligible for the earned income credit 
for the taxable year. 
‘‘(iii) If the eligible individual has 
three or more qualifying individuals, the 
lowest income level that exceeds the phase-
out amount as defined in section 32(b)(2) 
at which a single individual with three or 
more qualifying children is ineligible for 
the earned income credit for the taxable 
year. 
‘‘(6) QUALIFYING
INDIVIDUAL.—A qualifying 
individual is an individual whom the eligible indi-
vidual claims as a dependent under section 151, or 
as a qualifying child for the earned income credit 
under section 32(c)(3) or the child tax credit under 
section 24, or both. The term qualifying individual 
does not include— 
‘‘(A) someone claimed as a dependent 
under section 151 if that dependent is claimed 
as a qualifying child for the earned income tax 
credit or the child tax credit on a tax form by 
someone other than the eligible individual; and 
‘‘(B) the eligible individual and, if a joint 
return, his or her spouse. 
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‘‘(7) NUMBER OF PEOPLE IN THE TAX FILING 
UNIT.—The number of people in the tax filing unit 
shall equal the sum of the number of qualifying indi-
viduals plus— 
‘‘(A) in the case of a joint return, 2; and 
‘‘(B) in the case of a return that is not 
filed jointly, 1. 
‘‘(d) TREATMENT OF POSSESSIONS.— 
‘‘(1) PAYMENTS TO POSSESSIONS.— 
‘‘(A) MIRROR
CODE
POSSESSION.—The 
Secretary of the Treasury shall pay to each pos-
session of the United States with a mirror code 
tax system amounts equal to the loss to that 
possession by reason of the amendments made 
by this section. Such amounts shall be deter-
mined by the Secretary of the Treasury based 
on information provided by the Government of 
the respective possession. 
‘‘(B) OTHER
POSSESSIONS.—The Sec-
retary of the Treasury shall pay to each posses-
sion of the United States which does not have 
a mirror code tax system amounts estimated by 
the Secretary of the Treasury as being equal to 
the aggregate benefits that would have been 
provided to residents of such possession by rea-
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son of the amendments made by this section if 
a mirror code tax system had been in effect in 
such possession. The preceding sentence shall 
not apply for a given taxable year with respect 
to any possession of the United States unless 
such possession has a plan, which has been ap-
proved by the Secretary of the Treasury, under 
which such possession will promptly distribute 
such payments to residents of such possession. 
‘‘(2) COORDINATION
WITH
CREDIT
ALLOWED 
AGAINST UNITED STATES INCOME TAXES.—No cred-
it shall be allowed against United States income 
taxes for any taxable year under this section to any 
person— 
‘‘(A) to whom a credit is allowed against 
taxes imposed by the possession by reason of 
the amendments made by this section for such 
taxable year; or 
‘‘(B) who is eligible for a payment under 
a plan described in paragraph (1)(B) with re-
spect to such taxable year. 
‘‘(e) AMOUNT
OF CREDIT TO BE DETERMINED 
UNDER TABLES.—The amount of the credit allowed by 
this section shall be determined under tables prescribed 
by the Secretary. 
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‘‘(f) INFLATION ADJUSTMENTS.—In the case of any 
taxable year beginning after 2009, dollar amounts in sub-
section (c)(4)(A) shall be increased by an amount equal 
to such dollar amount, multiplied by the cost-of-living ad-
justment determined under section 1(f)(3) of the Internal 
Revenue Code of 1986. 
‘‘(g) TREATMENT IN OTHER PROGRAMS.—The en-
ergy tax credit provided under this section shall not be 
considered income or resources for any purpose under any 
Federal, State, or local laws, including, but not limited 
to, laws relating to an income tax or public assistance pro-
gram (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 assistance otherwise provided an indi-
vidual or individuals because of the receipt of an energy 
tax credit under this Act.’’. 
SEC. 432. ENERGY REFUND PROGRAM FOR LOW-INCOME 
CONSUMERS. 
(a) ENERGY REFUND PROGRAM.— 
(1) The Administrator of the Environmental 
Protection Agency, or the agency designated by the 
Administrator shall formulate and administer the 
‘‘Energy Refund Program’’. 
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(2) At the request of the State agency, eligible 
low-income households within the State shall receive 
a monthly cash energy refund equal to the estimated 
loss in purchasing power resulting from this Act. 
(b) ELIGIBILITY.— 
(1) ELIGIBLE HOUSEHOLDS.—Participation in 
the Energy Refund Program shall be limited to a 
household that— 
(A) the State agency determines to be par-
ticipating in (i) the Supplemental Nutrition As-
sistance Program authorized by the Food and 
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); 
(ii) the Food Distribution Program on Indian 
Reservations authorized by section 4(b) of such 
Act (7 U.S.C. 2013(b)); or (iii) the program for 
nutrition assistance in Puerto Rico or American 
Samoa under section 19 of the such Act (7 
U.S.C. 2028); 
(B) has gross income that does not exceed 
150 percent of the poverty line; or 
(C) consists of a single individual or a 
married couple and (i) receives the subsidy de-
scribed in section 1860D–14 of the Social Secu-
rity Act (42 U.S.C. 1395w–114); or (ii)(I) par-
ticipates in the program under section XVIII of 
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the Social Security Act; and (II) meets the in-
come requirements described in section 1860D– 
14(a)(1) or (a)(2) of such Act (42 U.S.C. 
1395w–114(a)(1) or (a)(2)). 
(2) STREAMLINED
ELIGIBILITY
FOR
CERTAIN 
BENEFICIARIES.—The Administrator, in consulta-
tion with the Secretary of Health and Human Serv-
ices, the Commissioner of Social Security, the Rail-
road Retirement Board, the Secretary of Veterans 
Affairs, and the State agencies shall develop proce-
dures to ensure that low-income beneficiaries of the 
benefit programs they administer receive the energy 
refund for which they are eligible. 
(3) LIMITATION.—Notwithstanding any provi-
sion of law, the Administrator shall establish proce-
dures to ensure that individuals that qualify for the 
refund under paragraph (1)(B) and that do not par-
ticipate in the Supplemental Nutrition Assistance 
Program are United States citizens, United States 
nationals, or individuals lawfully residing in the 
United States. 
(4) NATIONAL
STANDARDS.—The Adminis-
trator shall establish uniform national standards of 
eligibility in accordance with the provisions of this 
section. No State agency shall impose any other 
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standard or requirement as a condition of eligibility 
or refund receipt under the program. Assistance in 
the Energy Refund Program shall be furnished 
promptly to all eligible households who make appli-
cation for such participation. 
(c) MONTHLY ENERGY REFUND AMOUNT.— 
(1) MONTHLY ENERGY REFUND.—The monthly 
refund under this subsection for households of 1, 2, 
3, 4, and 5 or more members shall be equal to the 
maximum energy tax credit amount calculated under 
section 36B(c)(4) of the Internal Revenue Code of 
1986 for each household size, divided by 12 and 
rounded to the nearest whole dollar amount. 
(2) MONTHLY ELIGIBILITY.—A household shall 
not be eligible for the refund under this section for 
months that the household has not established eligi-
bility under subsection (b). 
(d) DELIVERY MECHANISM.— 
(1) Subject to standards and an implementation 
schedule set by the Administrator, 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 
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(C) another Federal or State mechanism, 
if such a mechanism is approved by the Admin-
istrator. 
(2) Such standards shall include— 
(A)(i) defining the required level of recipi-
ent protection regarding privacy; 
(ii) guidance on how recipients are offered 
choices, when relevant, about the delivery mech-
anism; 
(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 
Administrator or the Administrator’s designee. 
(e) INFORMATION ABOUT REFUND PROVIDED
TO 
HOUSEHOLDS AND INTERNAL REVENUE SERVICE.— 
(1) By January 31 of each year, for each adult 
that was a member of a household that received an 
energy refund under this section in the State during 
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the prior calendar year, each State shall issue a 
form that conforms to standards established by the 
Secretary of the Treasury under section 36B(b) of 
the Internal Revenue Code of 1986, containing— 
(A) the name, address, and social security 
number of the adult household member; and 
(B) the number of months the individual 
was a member of a household that received an 
energy refund under this section. 
(2) States shall provide this information to the 
Internal Revenue Service in accordance to standards 
and regulations set forth by the Secretary of the 
Treasury. 
(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 Administrator, the State agency shall 
establish procedures governing the administration of 
the Energy Refund Program that the State agency 
determines best serve households in the State, in-
cluding households with special needs, such as 
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households with elderly or disabled members, house-
holds in rural areas, homeless individuals, and 
households residing on reservations as defined in the 
Indian Child Welfare Act of 1978 and the Indian Fi-
nancing Act of 1974. In carrying out this para-
graph, 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 the Social Security Act, 
State Childrens Health Insurance Program 
under section XXI of the Social Security Act, 
and a State program that provides basic assist-
ance under a State program funded under title 
IV of the Social Security Act or with qualified 
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