1001 
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. 
(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 
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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 
(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 
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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. 
(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. 
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(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 
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-
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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. 
(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. 
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(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 
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 
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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). 
(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— 
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1008 
(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 
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-
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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 
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 REFUND PROGRAM. 
The Social Security Act (42 U.S.C. 201 et seq.) is 
amended by adding at the end the following: 
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1010 
‘‘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 
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 
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1011 
‘‘(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 
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 
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1012 
‘‘(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 
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 
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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. 
‘‘(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.— 
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1014 
‘‘(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 
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— 
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1015 
‘‘(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 
‘‘(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— 
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1016 
‘‘(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; 
‘‘(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.— 
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1017 
‘‘(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-
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 
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1018 
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 
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 
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1019 
‘‘(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 
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 Secretary may, during the 
period beginning with the effective date of this 
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section and ending 2 years after such date, by 
rule promulgate as final any procedures that 
are substantially the same as the procedures 
governing the Supplemental Nutrition Assist-
ance 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 
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 
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1021 
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-
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. 
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‘‘(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-
tion Act of 2008 (7 U.S.C. 2014) and its imple-
menting regulations. 
‘‘(4) HOUSEHOLD.— 
‘‘(A) The term ‘household’ means— 
‘‘(i) in subparagraphs (A) and (B) of 
subsection (c)(1) of this section, except as 
provided in subparagraph (C) of this para-
graph, an individual or a group of individ-
uals who are a household under section 
3(n) of the Food and Nutrition Act of 
2008 (7 U.S.C. 2012(n)); 
‘‘(ii) in subsection (c)(1)(C) of this 
section, a single individual or married cou-
ple that receives benefits under section 
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(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-
nical support, and the provision of new and addi-
tional resources, including official and concessional 
funding for developing country parties’’. 
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