HR2454 and S1733 - Green Jobs

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Produced: 10/15/2009 3:59:39 PM by Nick Santos, 1Sky Policy Staff

H.R. 2454 S. 1733
Subtitle B--Green Jobs and Worker Transition <> Subtitle A--Green Jobs and Worker Transition
PART 1--GREEN JOBS = PART 1--GREEN JOBS
SEC. 421. CLEAN ENERGY CURRICULUM DEVELOPMENT GRANTS. <> SEC. 301. CLEAN ENERGY CURRICULUM DEVELOPMENT GRANTS.
    (a) Authorization- The Secretary of Education is authorized to award grants, on a competitive basis, to eligible partnerships to develop programs of study (containing 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 emerging careers and jobs in the fields of clean energy, renewable energy, energy efficiency, climate change mitigation, and climate change adaptation. The Secretary of Education shall consult with the Secretary of Labor and the Secretary of Energy prior to the issuance of a solicitation for grant applications. =     (a) Authorization- The Secretary of Education is authorized to award grants, on a competitive basis, to eligible partnerships to develop programs of study (containing 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 emerging careers and jobs in the fields of clean energy, renewable energy, energy efficiency, climate change mitigation, and climate change adaptation. The Secretary of Education 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--       (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. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2351) or an area career and technical education school or education service agency described in such section;         (1) at least 1 local educational agency eligible for funding under section 131 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2351) or an area career and technical education school or education service agency described in such section;
      (2) at least 1 postsecondary institution eligible for funding under section 132 of such Act (20 U.S.C. 2352); and         (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).         (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 Secretary may require. Applications shall include--       (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 Secretary 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 capacity to support the program;         (1) a description of the eligible partners and partnership, the roles and responsibilities of each partner, and a demonstration of each partner's capacity 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;         (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 components;         (3) a description of the new or existing program of study and both secondary and postsecondary components;
      (4) a description of the students to be served by the new program of study;         (4) a description of the students to be served by the new program of study;
      (5) a description of how the program of study funded by the grant will be replicable and disseminated to schools outside of the partnership, including urban and rural areas;         (5) a description of how the program of study funded by the grant will be replicable and disseminated 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;         (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;         (7) a description of how the program of study will be delivered;
      (8) a description of how the program will provide accessibility to students, especially economically disadvantaged, low performing, and urban and rural students;         (8) a description of how the program will provide accessibility to students, especially economically disadvantaged, low performing, and urban and rural students;
      (9) a description of how the program will address 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         (9) a description of how the program will address 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 organization, labor management partnership, apprenticeship program, or joint apprenticeship and training program that provides education and training in the field of study for which the applicant proposes to develop a curriculum.         (10) a description of how the applicant proposes to consult or has consulted with a labor organization, labor management partnership, apprenticeship program, or joint apprenticeship and training program that provides education and training in the field of study for which the applicant proposes to develop a curriculum.
    (d) Priority- The Secretary shall give priority to applications that--       (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 partnership; and         (1) use online learning or other innovative means to deliver the program of study to students, educators, and instructors outside of the partnership; and
      (2) focus on low performing students and special 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)).         (2) focus on low performing students and special 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 committee shall include--       (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 committee shall include--
      (1) educators who have experience implementing curricula with comparable purposes; and         (1) educators who have experience implementing curricula with comparable purposes; and
      (2) business and industry experts in fields as described in subsection (a).         (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, energy efficiency, climate change mitigation, and climate change adaptation.       (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, energy 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 established 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 Efficiency 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 RESOURCES CLEARINGHOUSE FOR VOCATIONAL EDUCATION AND JOB TRAINING IN RENEWABLE ENERGY SECTORS.   SEC. 302. DEVELOPMENT OF INFORMATION AND RESOURCES CLEARINGHOUSE FOR VOCATIONAL 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 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 programs for the renewable energy sectors. In establishing the clearinghouse, the Secretary shall-- =     (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 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 programs for the renewable energy sectors. In establishing the clearinghouse, the Secretary shall--
      (1) collect and provide information that addresses the consequences of rapid changes in technology and regional disparities for renewable energy training programs and provides best practices for training and education in light of such changes and disparities;         (1) collect and provide information that addresses the consequences of rapid changes in technology 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 collaboration 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 relevance; and         (2) place an emphasis on facilitating collaboration 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 relevance; and
      (3) place an emphasis on assisting programs that cater to high-demand middle-skill, trades, manufacturing, contracting, and consulting careers.         (3) place an emphasis on assisting programs that cater to high-demand middle-skill, trades, manufacturing, contracting, and consulting careers.
    (b) Solicitation and Consultation- In developing the clearinghouse pursuant to subsection (a), the Secretary shall solicit information and expertise from businesses and organizations in the renewable energy sector and from institutions of higher education, career and technical schools, and community colleges that provide training 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 divulgence of proprietary or competitive information.       (b) Solicitation and Consultation- In developing the clearinghouse pursuant to subsection (a), the Secretary shall solicit information and expertise from businesses and organizations in the renewable energy sector and from institutions of higher education, career and technical schools, and community colleges that provide training 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 divulgence of proprietary or competitive information.
    (c) Contents of Clearinghouse-       (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:         (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.           (A) Solar energy systems.
        (B) Wind energy systems.           (B) Wind energy systems.
        (C) Energy transmission systems.           (C) Energy transmission systems.
        (D) Geothermal systems of energy and heating.           (D) Geothermal systems of energy and heating.
        (E) Energy efficiency technical training.           (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 graduation opportunities, and information and tips about a green workplace, energy efficiency, and relevant environmental topics and information on available industry recognized certifications in each area.         (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 graduation opportunities, and information and tips about a green workplace, energy efficiency, and relevant environmental topics and information on available industry recognized certifications in each area.
    (d) Dissemination- The clearinghouse shall be made available via the Internet to the general public. Notice of the completed clearinghouse and any major revisions thereto shall also be provided--       (d) Dissemination- The clearinghouse shall be made available via the Internet to the general public. Notice of the completed clearinghouse and any major revisions thereto shall also be provided--
      (1) to each Member of Congress; and         (1) to each Member of Congress; and
      (2) on the websites of the Departments of Education, Energy, and Labor.         (2) on the websites of the Departments of Education, Energy, and Labor.
    (e) Revision- The Secretary of Labor shall revise and update the clearinghouse on a regular basis to ensure its relevance.       (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 DEMONSTRATION PROJECT.   SEC. 303. GREEN CONSTRUCTION CAREERS DEMONSTRATION PROJECT.
    (a) Establishment and Authority- The Secretary of Labor, in consultation with the Secretary of Energy, shall, not later than 180 days after the enactment of this Act, establish a Green Construction Careers demonstration 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 purposes, the Secretary shall identify projects, including residential 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. =     (a) Establishment and Authority- The Secretary of Labor, in consultation with the Secretary of Energy, shall, not later than 180 days after the enactment of this Act, establish a Green Construction Careers demonstration 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 purposes, the Secretary shall identify projects, including residential 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 minimum proportions of hours to be worked by targeted workers on such projects. The Secretaries may require the contractors and subcontractors performing construction services 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.       (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 minimum proportions of hours to be worked by targeted workers on such projects. The Secretaries may require the contractors and subcontractors performing construction services 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 at the end of 3 years from initiation of the demonstration project. If the Secretaries determine that the demonstration projects have been successful, the Secretaries may identify further projects to which of the provisions of this section shall apply.       (c) Evaluation- The Secretaries shall evaluate the demonstration projects against the purposes of this section at the end of 3 years from initiation of the demonstration project. If the Secretaries determine that the demonstration 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 recommendations. <>     (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 recommendations.
    (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-- =     (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 subsection (d)(1)(C) of such section;         (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 subsection (d)(1)(C) of such section;
      (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         (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 poverty guidelines (exclusive of unemployment compensation, child support payments, payments described in section 101(25)(A) of the Workforce Investment Act (29 U.S.C. 2801(25)(A)), and old-age and survivors insurance benefits received under section 202 of the Social Security Act (42 U.S.C. 402); 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 poverty guidelines (exclusive of unemployment compensation, child support payments, payments described in section 101(25)(A) of the Workforce Investment Act (29 U.S.C. 2801(25)(A)), and old-age and survivors insurance benefits received 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 Career and Technical Education Act of 2006 (20 U.S.C. 2302(10)).         (3) is a displaced homemaker, as such term is defined in section 3(10) of the Carl D. Perkins Career 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-apprenticeship program that has demonstrated an ability to recruit, train, and prepare for admission to apprenticeship programs individuals who are targeted workers.       (f) Qualified Pre-Apprenticeship Program- A qualified pre-apprenticeship program is a pre-apprenticeship program that has demonstrated an ability to recruit, train, and prepare for admission to apprenticeship programs individuals who are targeted workers.
    (g) Qualified Apprenticeship and Other Training Programs-       (g) Qualified Apprenticeship and Other Training Programs-
      (1) PARTICIPATION BY EACH CONTRACTOR REQUIRED- 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 apprenticeship or other training program, with a written arrangement with a qualified pre-apprenticeship program, for each craft or trade classification of worker that it intends to employ to perform work on the project.         (1) PARTICIPATION BY EACH CONTRACTOR REQUIRED- 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 apprenticeship or other training program, with a written arrangement with a qualified pre-apprenticeship program, 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-         (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 apprenticeship or other training program that qualifies as an employee welfare benefit plan, as defined in section 3(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(1)).           (A) IN GENERAL- For purposes of this section, the term qualified apprenticeship or other training program' means an apprenticeship or other training program that qualifies as an employee welfare benefit plan, as defined in section 3(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(1)).
        (B) CERTIFICATION OF OTHER PROGRAMS IN CERTAIN LOCALITIES- In the event that the Secretary of Labor certifies that a qualified apprenticeship or other training program (as defined in subparagraph (A)) for a craft or trade classification of workers that a prospective contractor 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 welfare benefit plan (as defined in such section) may be certified by the Secretary as a qualified apprenticeship or other training program provided it is registered with the Office of Apprenticeship of the Department of Labor, or a State apprenticeship agency recognized by the Office of Apprenticeship for Federal purposes.           (B) CERTIFICATION OF OTHER PROGRAMS IN CERTAIN LOCALITIES- In the event that the Secretary of Labor certifies that a qualified apprenticeship or other training program (as defined in subparagraph (A)) for a craft or trade classification of workers that a prospective contractor 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 welfare benefit plan (as defined in such section) may be certified by the Secretary as a qualified apprenticeship or other training program provided it is registered with the Office of Apprenticeship 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 accordance 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).       (h) Facilitating Compliance- The Secretary may require Federal contracting agencies, recipients of Federal assistance, and any other entity established in accordance 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 American Samoa, Guam, the Commonwealth of the Northern 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.       (i) Limitation- The requirements of this section shall not apply to any project funded under this Act in American Samoa, Guam, the Commonwealth of the Northern 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   PART 2--CLIMATE CHANGE WORKER ADJUSTMENT ASSISTANCE
SEC. 425. PETITIONS, ELIGIBILITY REQUIREMENTS, AND DETERMINATIONS. <> SEC. 311. PETITIONS, ELIGIBILITY REQUIREMENTS, AND DETERMINATIONS.
    (a) Petitions- =     (a) Petitions-
      (1) FILING- A petition for certification of eligibility to apply for adjustment assistance for a group of workers under this part may be filed by any of the following:         (1) FILING- A petition for certification of eligibility 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.           (A) The group of workers.
        (B) The certified or recognized union or other duly authorized representative of such 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 employment security agencies, or the State dislocated worker unit established under title I of such Act, on behalf 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 employment security agencies, or the State dislocated worker unit established under title I of such Act, on behalf of such workers.
    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 located.       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 located.
      (2) ACTION BY GOVERNORS- Upon receipt of a petition filed under paragraph (1), the Governor shall--         (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 Investment Act of 1998 (29 U.S.C. 2864)) authorized under other Federal laws are made available to the workers covered by the petition to the extent authorized under such laws; and           (A) ensure that rapid response activities and appropriate core and intensive services (as described in section 134 of the Workforce Investment Act of 1998 (29 U.S.C. 2864)) authorized 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.           (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 received the petition and initiated an investigation.         (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 received the petition and initiated an investigation.
      (4) HEARINGS- If the petitioner, or any other person found by the Secretary to have a substantial 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 afford such interested persons an opportunity to be present, to produce evidence, and to be heard.         (4) HEARINGS- If the petitioner, or any other person found by the Secretary to have a substantial 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 afford such interested persons an opportunity to be present, to produce evidence, and to be heard.
    (b) Eligibility-       (b) Eligibility-
      (1) IN GENERAL- A group of workers shall be certified by the Secretary as eligible to apply for adjustment assistance under this part pursuant to a petition filed under subsection (a) if--         (1) IN GENERAL- A group of workers shall be certified by the Secretary as eligible to apply for adjustment assistance under this part pursuant to a petition filed under subsection (a) if--
        (A) the group of workers is employed in--           (A) the group of workers is employed in--
          (i) energy producing and transforming industries;             (i) energy producing and transforming industries;
          (ii) industries dependent upon energy industries;             (ii) industries dependent upon energy industries;
          (iii) energy-intensive manufacturing industries;             (iii) energy-intensive manufacturing industries;
          (iv) consumer goods manufacturing; or             (iv) consumer goods manufacturing; or
          (v) other industries whose employment the Secretary determines has been adversely affected by any requirement of title VII of the Clean Air Act;             (v) other industries whose employment the Secretary determines has been adversely affected by any requirement of title VII of the Clean Air Act;
        (B) the Secretary determines that a significant number or proportion of the workers in such workers' employment site have become totally or partially separated, or are threatened to become totally or partially separated from employment; and           (B) the Secretary determines that a significant number or proportion of the workers in such workers' employment site have become totally or partially separated, or are threatened to become totally or partially separated from employment; 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--           (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 closing of a facility or layoff of employees at a facility that mines, produces, processes, or utilizes fossil fuels to generate electricity;             (i) the shift from reliance upon fossil fuels to other sources of energy, including renewable energy, that results in the closing of a facility or layoff of employees at a facility that mines, produces, processes, or utilizes fossil fuels to generate electricity;
          (ii) a substantial increase in the cost of energy required for a manufacturing facility to produce items whose prices are competitive in the marketplace, to the extent the cost is not offset by allowance allocation to the facility pursuant to title VII of the Clean Air Act; or <>           (ii) a substantial increase in the cost of energy required for a manufacturing facility to produce items whose prices are competitive in the marketplace, to the extent the cost is not offset by assistance provided to the facility pursuant to title VII of the Clean Air Act; or
          (iii) other documented occurrences that the Secretary determines are indicators 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. =           (iii) other documented occurrences that the Secretary determines are indicators 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 employment, or are threatened to become totally or partially separated 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 employment, 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 WORKERS- A group of workers shall be certified as eligible to apply for climate change adjustment assistance pursuant to a petition filed if the Secretary determines that--         (3) ADVERSELY AFFECTED SERVICE WORKERS- A group of workers shall be certified as eligible to apply for climate change adjustment assistance pursuant to a petition filed if the Secretary determines 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 assistance under this part pursuant to paragraph (1) have become totally or partially separated from employment, or are threatened to become totally or partially separated; and           (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 assistance under this part pursuant to paragraph (1) have become totally or partially separated 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 directly attributable to one or more of the documented occurrences listed in paragraph (1)(C).           (B) a loss of business in the firm providing service workers to an employment site is directly attributable to one or more of the documented occurrences listed in paragraph (1)(C).
    (c) Authority to Investigate and Collect Information-       (c) Authority To Investigate and Collect Information-
      (1) IN GENERAL- The Secretary shall, in determining whether to certify a group of workers under subsection (d), obtain information the Secretary determines to be necessary to make the certification, through questionnaires and in such other manner as the Secretary determines appropriate from--         (1) IN GENERAL- The Secretary shall, in determining whether to certify a group of workers under subsection (d), obtain information the Secretary determines to be necessary to make the certification, through questionnaires and in such other manner as the Secretary determines appropriate from--
        (A) the workers' employer;           (A) the workers' employer;
        (B) officials of certified or recognized unions or other duly authorized representatives of the group of workers; or           (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 Investment Act of 1998 (29 U.S.C. 2801)); or <>         (C) one-stop operators or one-stop partners (as defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)).
      (2) VERIFICATION OF INFORMATION- The Secretary shall require an employer, union, or one-stop operator or partner to certify all information obtained under paragraph (1) from the employer, union, or one-stop operator or partner (as the case may be) on which the Secretary relies in making a determination under subsection (d), unless the Secretary has a reasonable basis for determining that such information is accurate and complete without being certified. =       (2) VERIFICATION OF INFORMATION- The Secretary shall require an employer, union, or one-stop operator or partner to certify all information obtained under paragraph (1) from the employer, union, or one-stop operator or partner (as the case may be) on which the Secretary relies in making a determination under subsection (d), unless the Secretary has a reasonable basis for determining that such information is accurate and complete without being certified.
      (3) PROTECTION OF CONFIDENTIAL INFORMATION- The Secretary may not release information obtained under paragraph (1) that the Secretary considers to be confidential business information unless the employer submitting the confidential business information had notice, at the time of submission, that the information would be released by the Secretary, or the employer subsequently consents to the release of the information. Nothing in this paragraph shall be construed to prohibit the Secretary from providing such confidential business information to a court in camera or to another party under a protective order issued by a court.         (3) PROTECTION OF CONFIDENTIAL INFORMATION- The Secretary may not release information obtained under paragraph (1) that the Secretary considers to be confidential business information unless the employer submitting the confidential business information had notice, at the time of submission, that the information would be released by the Secretary, or the employer subsequently consents to the release of the information. Nothing in this paragraph shall be construed to prohibit the Secretary from providing such confidential business information to a court in camera or to another party under a protective order issued by a court.
    (d) Determination by the Secretary of Labor-       (d) Determination by the Secretary of Labor-
      (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 necessary, 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 certification 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 determination.         (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 necessary, 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 certification 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 determination.
      (2) ONE YEAR LIMITATION- A certification under this section shall not apply to any worker whose last total or partial separation from the employment 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. <>       (2) One-YEAR LIMITATION- A certification under this section shall not apply to any worker whose last total or partial separation from the employment site before the worker's application under section 312(a) occurred more than 1 year before the date of the petition on which such certification was granted.
      (3) REVOCATION OF CERTIFICATION- Whenever the Secretary determines, with respect to any certification of eligibility of the workers of an employment site, that total or partial separations from such site are no longer a result of the factors specified in subsection (b)(1), the Secretary shall terminate such certification and promptly have notice of such termination published in the Federal Register and on the website of the Department of Labor, together 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. =       (3) REVOCATION OF CERTIFICATION- Whenever the Secretary determines, with respect to any certification of eligibility of the workers of an employment site, that total or partial separations from such site are no longer a result of the factors specified in subsection (b)(1), the Secretary shall terminate such certification and promptly have notice of such termination published in the Federal Register and on the website of the Department of Labor, together 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 Secretary of Labor shall notify the representatives of the domestic industry affected by the determination, employers publicly identified by name during the course of the proceeding 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--       (e) Industry Notification of Assistance- Upon receiving a notification of a determination under subsection (d) with respect to a domestic industry the Secretary of Labor shall notify the representatives of the domestic industry affected by the determination, employers publicly identified by name during the course of the proceeding 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; <>       (1) the adjustment assistance, training, and other benefits available under this part;
      (2) the manner in which to file a petition and apply for such benefits; and         (2) the manner in which to file a petition and apply for such benefits;
      (3) the availability of assistance in filing such petitions; =       (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         (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).         (5) upon request, provide any assistance that is necessary to file a petition under subsection (a).
    (f) Benefit Information to Workers, Providers of Training-       (f) Benefit Information to Workers, Providers of Training-
      (1) IN GENERAL- The Secretary shall provide full information to workers about the adjustment allowances, training, and other benefits available under this part and about the petition and application procedures, and the appropriate filing dates, for such allowances, training and services. The Secretary 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 entered into under section 426(a) and shall periodically review such compliance. The Secretary shall inform the State Board for Vocational Education or equivalent agency, the one-stop operators or one-stop partners (as defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801), and other public or private agencies, institutions, and employers, 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. <>       (1) IN GENERAL- The Secretary shall provide full information to workers about the adjustment assistance, training, and other benefits available under this part and about the petition and application procedures, and the appropriate filing dates, for such assistance, training and services. The Secretary 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 entered into under section 312(a) and shall periodically review such compliance. The Secretary shall inform the State Board for Vocational Education or equivalent agency, the one-stop operators or one-stop partners (as defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)), and other public or private agencies, institutions, and employers, 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 provide 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 certification made under subsection (d)-- =       (2) NOTICE BY MAIL- The Secretary shall provide 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 certification 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-- <>         (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 separation of the worker from the adversely affected employment, if subparagraph (A) does not apply. =         (B) at the time of the total or partial separation 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 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.         (3) NEWSPAPERS; WEBSITE- The Secretary shall publish notice of the benefits available under this part to workers covered by each certification 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. <> SEC. 312. PROGRAM BENEFITS.
    (a) Climate Change Adjustment Allowance-       (a) Climate Change Adjustment Assistance-
      (1) ELIGIBILITY- Payment of a climate change adjustment allowance shall be made to an adversely affected worker covered by a certification under section 425(b) who files an application for such allowance for any week of unemployment which begins on or after the date of such certification, if the following conditions are met:         (1) ELIGIBILITY- Payment of climate change adjustment assistance shall be made to an adversely affected worker covered by a certification under section 311(b) who files an application for such assistance for any week of unemployment which begins on or after the date of such certification, if the following conditions are met:
        (A) Such worker's total or partial separation before the worker's application under this part occurred-- =         (A) Such worker's total or partial separation 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 separation began or threatened to begin in the adversely affected employment;             (i) on or after the date, as specified in the certification under which the worker is covered, on which total or partial separation 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 <>           (ii) before the expiration of the 2-year period beginning on the date on which the determination under section 311(d) was made; and
          (iii) before the termination date, if any, determined pursuant to section 425(d)(3).             (iii) before the termination date, if any, determined pursuant to section 311(d)(3).
        (B) Such worker had, in the 52-week period 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 regulations prescribed by the Secretary. For the purposes of this paragraph, any week in which such worker-- =         (B) Such worker had, in the 52-week period 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 regulations 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, maternity, or inactive duty or active duty military service for training;             (i) is on employer-authorized leave for purposes of vacation, sickness, injury, maternity, or inactive duty or active duty military service for training;
          (ii) does not work because of a disability that is compensable under a workmen's compensation law or plan of a State or the United States;             (ii) does not work because of a disability that is compensable under a workmen'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 representative of a labor organization in such firm; or             (iii) had his employment interrupted in order to serve as a full-time representative of a labor organization in such firm; or
          (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,             (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.         shall be treated as a week of employment.
        (C) Such worker is enrolled in a training program approved by the Secretary under subsection (b)(2).           (C) Such worker is enrolled in a training program approved by the Secretary under subsection (b)(2).
      (2) INELIGIBILITY FOR CERTAIN OTHER BENEFITS- An adversely affected worker receiving a payment 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. <>       (2) INELIGIBILITY FOR CERTAIN OTHER BENEFITS- An adversely affected worker receiving a payment under this section shall be ineligible to receive any other form of unemployment insurance for the period in which such worker is receiving climate change adjustment assistance under this section.
      (3) REVOCATION- If-- =       (3) REVOCATION- If--
        (A) the Secretary determines that--           (A) the Secretary determines that--
          (i) the adversely affected worker--             (i) the adversely affected worker--
            (I) has failed to begin participation in the training program the enrollment in which meets the requirement of paragraph (1)(C); or               (I) has failed to begin participation in the training program the enrollment in which meets the requirement of paragraph (1)(C); or
            (II) has ceased to participate in such training program before completing such training program; and               (II) has ceased to participate in such training program before completing such training program; and
          (ii) there is no justifiable cause for such failure or cessation; or             (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, <>         (B) the certification made with respect to such worker under section 311(d) is revoked under paragraph (3) of such section,
    no adjustment allowance may be paid to the adversely affected worker under this part for the week in which such failure, cessation, or revocation occurred, 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).       no adjustment assistance may be paid to the adversely affected worker under this part for the week in which such failure, cessation, or revocation occurred, or any succeeding week, until the adversely affected worker begins or resumes participation in a training program approved by the Secretary under subsection (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: =       (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 notified that the worker will be recalled by the employer from which the separation occurred.           (A) RECALL- The worker has been notified that the worker will be recalled by the employer from which the separation occurred.
        (B) MARKETABLE SKILLS-           (B) MARKETABLE SKILLS-
          (i) IN GENERAL- The worker possesses marketable skills for suitable employment (as determined pursuant to an assessment of the worker, which may include 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.             (i) IN GENERAL- The worker possesses marketable skills for suitable employment (as determined pursuant to an assessment of the worker, which may include 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 marketable skills' may include the possession of a postgraduate degree from an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)) or an equivalent institution, or the possession of an equivalent postgraduate certification in a specialized field.             (ii) MARKETABLE SKILLS DEFINED- For purposes of clause (i), the term marketable skills' may include the possession of a postgraduate degree from an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)) or an equivalent institution, or the possession of an equivalent postgraduate certification in a specialized field.
        (C) RETIREMENT- The worker is within 2 years of meeting all requirements for entitlement to either--           (C) RETIREMENT- The worker is within 2 years of meeting all requirements for entitlement to either--
          (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             (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.             (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 subparagraph shall not be construed to exempt a worker from requirements relating to the availability for work, active search for work, or refusal to accept work under Federal or State unemployment compensation laws.           (D) HEALTH- The worker is unable to participate in training due to the health of the worker, except that a waiver under this subparagraph shall not be construed to exempt a worker from requirements relating to the availability for work, active search for work, or refusal to accept work under Federal or State unemployment 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 paragraph, or, if later, there are extenuating circumstances for the delay in enrollment, as determined pursuant to guidelines issued by the Secretary.           (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 paragraph, or, if later, there are extenuating circumstances for the delay in enrollment, as determined 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 governmental 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 available at a reasonable cost, or no training funds are available.           (F) TRAINING NOT AVAILABLE- Training described in subsection (b)(2) is not reasonably available to the worker from either governmental 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 available at a reasonable cost, or no training funds are available.
      (5) WEEKLY AMOUNTS- The climate change adjustment allowance payable to an adversely affected 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 workers in the State where the adversely affected worker resides. <>       (5) WEEKLY AMOUNTS- The climate change adjustment assistance payable to an adversely affected 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 workers in the State where the adversely affected worker resides.
      (6) MAXIMUM DURATION OF BENEFITS- An eligible worker may receive a climate change adjustment allowance under this subsection for a period of not longer than 156 weeks.         (6) MAXIMUM DURATION OF BENEFITS- An eligible worker may receive a climate change adjustment assistance under this subsection for a period of not longer than 156 weeks.
    (b) Employment Services and Training- =     (b) Employment Services and Training-
      (1) INFORMATION AND EMPLOYMENT SERVICES- The Secretary shall make available, directly or through agreements with the States under section 427(a) to adversely affected workers covered by a certification under section 425(a) the following information and employment services: <>       (1) INFORMATION AND EMPLOYMENT SERVICES- The Secretary shall make available, directly or through agreements with the States under section 313(a) to adversely affected workers covered by a certification under section 311(a) the following information and employment services:
        (A) Comprehensive and specialized assessment of skill levels and service needs, including through-- =         (A) Comprehensive and specialized assessment of skill levels and service needs, including through--
          (i) diagnostic testing and use of other assessment tools; and             (i) diagnostic testing and use of other assessment tools; and
          (ii) in-depth interviewing and evaluation to identify employment barriers and appropriate employment goals.             (ii) in-depth interviewing and evaluation to identify employment barriers and appropriate employment goals.
        (B) Development of an individual employment plan to identify employment goals and objectives, and appropriate training to achieve those goals and objectives.           (B) Development of an individual employment plan to identify employment goals and objectives, and appropriate training to achieve those goals and objectives.
        (C) Information on training available in local and regional areas, information on individual counseling to determine which training is suitable training, and information on how to apply for such training.           (C) Information on training available in local and regional areas, information on individual 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, information on individual 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 (29 U.S.C. 2801 et seq.) and available in local and regional areas, information on individual counseling to determine which training is suitable training, and information on how to apply for such training.
        (E) Information on how to apply for financial aid, including referring workers to educational opportunity centers described in section 402F of the Higher Education Act of 1965 (20 U.S.C. 1070a-16), where applicable, and notifying workers that the workers may request financial aid administrators at institutions of higher education (as defined in section 102 of such Act (20 U.S.C. 1002)) to use the administrators' discretion under section 479A of such Act (20 U.S.C. 1087tt) to use current year income 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.). =         (E) Information on how to apply for financial aid, including referring workers to educational opportunity centers described in section 402F of the Higher Education Act of 1965 (20 U.S.C. 1070a-16), where applicable, and notifying workers that the workers may request financial aid administrators at institutions of higher education (as defined in section 102 of such Act (20 U.S.C. 1002)) to use the administrators' discretion under section 479A of such Act (20 U.S.C. 1087tt) to use current year income 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, including development of learning skills, communications skills, interviewing skills, punctuality, personal maintenance skills, and professional conduct to prepare individuals for employment or training.           (F) Short-term prevocational services, including development of learning skills, communications 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 period in which the individual is receiving a climate change adjustment allowance or training under this part, and after receiving such training for purposes of job placement. <>         (G) Individual career counseling, including job search and placement counseling, during the period in which the individual is receiving climate change adjustment assistance or training under this part, and after receiving such training for purposes of job placement.
        (H) Provision of employment statistics information, including the provision of accurate information relating to local, regional, and national labor market areas, including-- =         (H) Provision of employment statistics information, including the provision of accurate information relating to local, regional, and national labor market areas, including--
          (i) job vacancy listings in such labor market areas;             (i) job vacancy listings in such labor market areas;
          (ii) information on jobs skills necessary to obtain jobs identified in job vacancy listings described in subparagraph (A);             (ii) information on jobs skills necessary to obtain jobs identified in job vacancy listings described in subparagraph (A);
          (iii) information relating to local occupations that are in demand and earnings potential of such occupations; and             (iii) information relating to local occupations that are in demand and earnings potential of such occupations; and
          (iv) skills requirements for local occupations described in subparagraph (C).             (iv) skills requirements for local occupations described in subparagraph (C).
        (I) Information relating to the availability of supportive services, including services relating to child care, transportation, dependent care, housing assistance, and need-related payments that are necessary to enable an individual to participate in training.           (I) Information relating to the availability of supportive services, including services relating to child care, transportation, dependent care, housing assistance, and need-related payments that are necessary to enable an individual to participate in training.
      (2) TRAINING-         (2) TRAINING-
        (A) APPROVAL OF AND PAYMENT FOR TRAINING- If the Secretary determines, with respect to an adversely affected worker that--           (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 professional employment) available for an adversely affected worker;             (i) there is no suitable employment (which may include technical and professional employment) available for an adversely affected worker;
          (ii) the worker would benefit from appropriate training;             (ii) the worker would benefit from appropriate training;
          (iii) there is a reasonable expectation of employment following completion of such training;             (iii) there is a reasonable expectation of employment following completion of such training;
          (iv) training approved by the Secretary is reasonably available to the worker from either governmental agencies or private 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); <>           (iv) training approved by the Secretary is reasonably available to the worker from either governmental agencies or private 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 (20 U.S.C. 2302), and employers);
          (v) the worker is qualified to undertake and complete such training; and =           (v) the worker is qualified to undertake and complete such training; and
          (vi) such training is suitable for the worker and available at a reasonable cost,             (vi) such training is suitable for the worker and available at a reasonable cost,
      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 imposed by this section) paid on the worker's behalf by the Secretary directly or through a voucher system.         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 imposed by this section) paid on the worker's behalf 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 programs approved under this paragraph, and shall make an initial distribution of the funds made available as soon as practicable after the beginning of each fiscal year.           (B) DISTRIBUTION- The Secretary shall establish procedures for the distribution of the funds to States to carry out the training programs approved under this paragraph, and shall make an initial distribution of the funds made available as soon as practicable after the beginning of each fiscal year.
        (C) ADDITIONAL RULES REGARDING APPROVAL OF AND PAYMENT FOR TRAINING-           (C) ADDITIONAL RULES REGARDING APPROVAL OF AND PAYMENT FOR TRAINING-
          (i) For purposes of applying subparagraph (A)(iii), a reasonable expectation of employment does not require that employment opportunities for a worker be available, or offered, immediately upon the completion of training approved under such subparagraph.             (i) For purposes of applying subparagraph (A)(iii), a reasonable expectation of employment does not require that employment opportunities for a worker be available, or offered, immediately upon the completion of training approved under such subparagraph.
          (ii) If the costs of training an adversely affected worker are paid by the 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 subparagraph (A) of the costs of training an adversely affected worker or an adversely affected incumbent worker if such costs--             (ii) If the costs of training an adversely affected worker are paid by the 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 subparagraph (A) of the costs of training an adversely affected worker or an adversely affected incumbent worker if such costs--
            (I) have already been paid under any other provision of Federal law; or               (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.               (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 Federal 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.           The provisions of this clause shall not apply to, or take into account, any funds provided under any other provision of Federal 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.
        (D) TRAINING PROGRAMS- The training programs that may be approved under subparagraph (A) include--           (D) TRAINING PROGRAMS- The training programs that may be approved under subparagraph (A) include--
          (i) employer-based training, including--             (i) employer-based training, including--
            (I) on-the-job training if approved by the Secretary under subsection (c); and               (I) on-the-job training if approved by the Secretary under subsection (c); and
            (II) joint labor-management apprenticeship programs;               (II) joint labor-management apprenticeship programs;
          (ii) any training program provided by a State pursuant to title I of the Workforce Investment Act of 1998; <>           (ii) any training program provided by a State pursuant to title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.);
          (iii) any training program approved by a private industry council established under section 102 of such Act;    
          (iv) any programs in career and technical education described in section 3(5) of the Carl D. Perkins Career and Technical Education Act of 2006;             (iii) any programs in career and technical education described in section 3(5) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302(5));
          (v) any program of remedial education;             (iv) any program of remedial education;
          (vi) any program of prerequisite education or coursework required to enroll in training that may be approved under this paragraph;             (v) any program of prerequisite education or coursework required to enroll in 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--             (vi) 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 =             (I) under any Federal or State program other than this part; or
            (II) from any source other than this part;               (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 program or coursework for the purpose of-- <>           (vii) 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 program or coursework for the purpose of--
            (I) obtaining a degree or certification; or =             (I) obtaining a degree or certification; or
            (II) completing a degree or certification that the worker had previously begun at an accredited institution of higher education; and               (II) completing a degree or certification that the worker had previously begun at an accredited institution of higher education; and
          (ix) any other training program approved by the Secretary. <>           (viii) any other training program approved by the Secretary.
    (3) Supplemental assistance- The Secretary may, as appropriate, authorize supplemental assistance 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. =       (3) SUPPLEMENTAL ASSISTANCE- The Secretary may, as appropriate, authorize supplemental assistance 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-       (c) On-The-Job Training Requirements-
      (1) IN GENERAL- The Secretary may approve on-the-job training for any adversely affected worker if--         (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--           (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;             (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;             (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             (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             (iv) can be measured by benchmarks that indicate that the worker is gaining such knowledge or skills; and
        (B) the State determines that the on-the-job training program meets the requirements of clauses (iii) and (iv) of subparagraph (A).           (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.         (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-         (3) CONTRACTS FOR ON-THE-JOB TRAINING-
        (A) IN GENERAL- The Secretary shall ensure, in entering into a contract with an employer to provide on-the-job training to a worker under this subsection, that the skill requirements 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.           (A) IN GENERAL- The Secretary shall ensure, in entering into a contract with an employer to provide on-the-job training to a worker under this subsection, that the skill requirements 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.           (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 of failing to provide workers receiving on-the-job training from the employer with--         (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 of failing to provide workers receiving on-the-job training from the employer with--
        (A) continued, long-term employment as regular employees; and           (A) continued, long-term employment as regular employees; and
        (B) wages, benefits, and working conditions that are equivalent to the wages, benefits, and working conditions provided to regular employees 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.           (B) wages, benefits, and working conditions that are equivalent to the wages, benefits, and working conditions provided to regular employees 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-       (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--         (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 adjustment assistance for workers program under this part, including for--           (A) use not more than  2/3  of such payment for the administration of the climate change adjustment assistance for workers program under this part, including for--
          (i) processing waivers of training requirements under subsection (a)(4); <>           (i) processing waivers of training requirements under subsection (a)(4); and
          (ii) collecting, validating, and reporting data required under this part; and =           (ii) collecting, validating, and reporting data required under this part; and
          (iii) administering the Climate Change Adjustment Assistance Allowance payments; and +-  
        (B) use not less than  1/3  of such payment for information and employment services under subsection (b)(1). =         (B) use not less than  1/3  of such payment for information and employment services under subsection (b)(1).
      (2) EMPLOYMENT SERVICES FUNDING-         (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 paragraph (1) for a fiscal year, the Secretary shall provide to the State for the fiscal year a reasonable payment for the purpose of providing employment and services under subsection (b)(1).           (A) IN GENERAL- In addition to any funds made available to a State to carry out subsection (b)(2) and the payment under paragraph (1) for a fiscal year, the Secretary shall provide to the State for the fiscal year a reasonable payment for the purpose of providing employment and services under subsection (b)(1).
        (B) VOLUNTARY RETURN OF FUNDS- A State that receives a payment under subparagraph (A) may decline or otherwise return such payment to the Secretary.           (B) VOLUNTARY RETURN OF FUNDS- A State that receives a payment under subparagraph (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 prescribed by the Secretary. Any job search allowance provided shall be available only under the following circumstances and conditions: <>     (e) Job Search Assistance- The Secretary of Labor may provide adversely affected workers one-time job search assistance in accordance with regulations prescribed by the Secretary. Any job search assistance provided shall be available only under the following circumstances and conditions:
      (1) The worker is no longer eligible for the climate change adjustment allowance under subsection (a) and has completed the training program required by subsection (a)(1)(E).         (1) The worker is no longer eligible for the climate change adjustment assistance under subsection (a) and has completed the training program required by subsection (b)(1)(E).
      (2) The Secretary determines that the worker cannot reasonably be expected to secure suitable employment in the commuting area in which the worker resides. =       (2) The Secretary determines that the worker cannot reasonably be expected to secure suitable employment in the commuting area in which the worker resides.
      (3) An allowance granted shall provide reimbursement to the worker of all necessary job search expenses as prescribed by the Secretary in regulations. Such reimbursement under this subsection may not exceed $1,500 for any worker. <>       (3) Assistance granted shall provide reimbursement to the worker of all necessary job search expenses as prescribed by the Secretary in regulations. Such reimbursement under this subsection may not exceed $1,500 for any worker.
    (f) Relocation Allowance Authorized-       (f) Relocation Assistance Authorized-
      (1) IN GENERAL- Any adversely affected worker covered by a certification issued under section 425 may file an application for a relocation allowance with the Secretary, and the Secretary may grant the relocation allowance, subject to the terms and conditions of this subsection.         (1) IN GENERAL- Any adversely affected worker covered by a certification issued under section 311 may file an application for relocation assistance with the Secretary, and the Secretary may grant the relocation assistance, 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:         (2) CONDITIONS FOR GRANTING ASSISTANCE- Relocation assistance may be granted if all of the following terms and conditions are met:
        (A) ASSIST AN ADVERSELY AFFECTED WORKER- The relocation allowance will assist an adversely affected worker in relocating within the United States.           (A) ASSIST AN ADVERSELY AFFECTED WORKER- The relocation assistance will assist an adversely affected worker in relocating within the United States.
        (B) LOCAL EMPLOYMENT NOT AVAILABLE- The Secretary determines that the worker cannot reasonably be expected to secure suitable employment in the commuting area in which the worker resides. =         (B) LOCAL EMPLOYMENT NOT AVAILABLE- 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.           (C) TOTAL SEPARATION- The worker is totally separated from employment at the time relocation commences.
        (D) SUITABLE EMPLOYMENT OBTAINED- The worker--           (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             (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.             (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.           (E) APPLICATION- The worker filed an application with the Secretary at such time and in such manner as the Secretary shall specify by regulation.
      (3) AMOUNT OF ALLOWANCE- The relocation allowance granted to a worker under paragraph (1) includes-- <>       (3) AMOUNT OF ASSISTANCE- Relocation assistance granted to a worker under paragraph (1) includes--
        (A) all reasonable and necessary expenses (including, subsistence and transportation expenses at levels not exceeding amounts prescribed by the Secretary in regulations) incurred in transporting the worker, the worker's family, and household effects; and =         (A) all reasonable and necessary expenses (including, subsistence and transportation expenses at levels not exceeding amounts prescribed by the Secretary in regulations) incurred 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 maximum payment of $1,500.           (B) a lump sum equivalent to 3 times the worker's average weekly wage, up to a maximum payment of $1,500.
      (4) LIMITATIONS- A relocation allowance may not be granted to a worker unless-- <>       (4) LIMITATIONS- Relocation assistance 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 =         (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).           (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 participating in a training program described in subsection (b)(2), 80 percent of the monthly premium of any health insurance coverage that an adversely affected worker 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. <>     (g) Health Insurance Continuation- Not later than 1 year after the date of enactment of this Act, the Secretary of Labor shall prescribe regulations to provide, for the period in which an adversely affected worker is participating in a training program described in subsection (b)(2), 80 percent of the monthly premium of any health insurance coverage that an adversely affected worker was receiving from such worker's employer prior to the separation from employment described in section 311(b), to be paid to any health care insurance plan designated by the adversely affected worker receiving assistance under this section.
SEC. 427. GENERAL PROVISIONS.   SEC. 313. GENERAL PROVISIONS.
    (a) Agreements With States- =     (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-- <>       (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 State agencies' respectively). Under such an agreement, the cooperating State or cooperating State agency--
        (A) as agent of the United States, shall receive applications for, and shall provide, payments on the basis provided in this part; =         (A) as agent of the United States, shall receive applications for, and shall provide, payments on the basis provided in this part;
        (B) in accordance with paragraph (6), shall make available to adversely affected workers covered by a certification under section 425(d) the employment services described in section 426(b)(1); <>         (B) in accordance with paragraph (6), shall make available to adversely affected workers covered by a certification under section 311(d) the employment services described in section 312(b)(1);
        (C) shall make any certifications required under section 425(d);           (C) shall make any certifications required under section 311(d); and
        (D) shall otherwise cooperate with the Secretary and with other State and Federal agencies in providing payments and services under this part. =         (D) shall otherwise cooperate with the Secretary and with other State and Federal agencies 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.       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--         (2) FORM AND MANNER OF DATA- Each agreement under this section shall--
        (A) provide the Secretary with the authority to collect any data the Secretary determines necessary to meet the requirements of this part; and           (A) provide the Secretary with the authority 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.           (B) specify the form and manner in which any such data requested by the Secretary shall be reported.
      (3) RELATIONSHIP TO UNEMPLOYMENT INSURANCE- 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 insurance otherwise payable to such worker under the laws of the State. <>       (3) RELATIONSHIP TO UNEMPLOYMENT INSURANCE- Each agreement under this section shall provide that an adversely affected worker receiving climate change adjustment assistance under this part shall not be eligible for unemployment insurance otherwise payable to such worker under the laws of the State.
      (4) REVIEW- A determination by a cooperating 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. =       (4) REVIEW- A determination by a cooperating 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 coordination of the administration of the provisions for employment services, training, and supplemental assistance 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 administering such provisions under such agreement shall be considered to be a cooperating State agency for purposes of this part. <>       (5) COORDINATION- Any agreement entered into under this section shall provide for the coordination of the administration of the provisions for employment services, training, and supplemental assistance under section 312 and under title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.) 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 administering such provisions under such agreement shall be considered to be a cooperating State agency for purposes of this part.
      (6) RESPONSIBILITIES OF COOPERATING AGENCIES- Each cooperating State agency shall, in carrying out paragraph (1)(B)-- =       (6) RESPONSIBILITIES OF COOPERATING AGENCIES- Each cooperating State agency shall, in carrying out paragraph (1)(B)--
        (A) advise each worker who applies for unemployment insurance of the benefits under this part and the procedures and deadlines for applying for such benefits;           (A) advise each worker who applies for unemployment insurance of the benefits under this part and the procedures and deadlines for applying for such benefits;
        (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; <>         (B) facilitate the early filing of petitions under section 311(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) before, or at the same time, the worker applies for climate change adjustment allowances under section 426(a);           (C) advise each adversely affected worker to apply for training under section 312(b) before, or at the same time, the worker applies for climate change adjustment assistance under section 312(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 respect to assistance and benefits available under this part;           (D) perform outreach to, intake of, and orientation for adversely affected workers and adversely affected incumbent workers covered by a certification under section 312(a) with respect 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 workers 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 programs; and           (E) make employment services described in section 312(b)(1) available to adversely affected workers and adversely affected incumbent workers covered by a certification under section 311(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 programs; and
        (F) provide the benefits and reemployment services under this part in a manner that is necessary for the proper and efficient administration of this part, including the use of state agency personnel employed in accordance with a merit system of personnel administration standards, including-- =         (F) provide the benefits and reemployment services under this part in a manner that is necessary for the proper and efficient administration of this part, including the use of state agency personnel employed in accordance with a merit system of personnel administration standards, including--
          (i) making determinations of eligibility for, and payment of, climate change readjustment allowances and health care benefit replacement amounts; <>           (i) making determinations of eligibility for, and payment of, climate change readjustment assistance and health care benefit replacement amounts;
          (ii) developing recommendations regarding payments as a bridge to retirement and lump sum payments to pension plans in accordance with this subsection; and =           (ii) developing recommendations regarding payments as a bridge to retirement and lump sum payments to pension plans in accordance with this subsection; and
          (iii) the provision of reemployment services to eligible workers, including referral to training services.             (iii) the provision of reemployment services to eligible workers, including referral 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 information described in paragraphs (8) and (14) of section 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). <>       (7) SUBMISSION OF CERTAIN INFORMATION- 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 information described in paragraphs (8) and (14) of section 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 134(a)(2)(A) of that Act (29 U.S.C. 2864(a)(2)(A)).
      (8) CONTROL MEASURES- =       (8) CONTROL MEASURES-
        (A) IN GENERAL- The Secretary shall require each cooperating State and cooperating State agency to implement effective control measures and to effectively oversee the operation 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.           (A) IN GENERAL- The Secretary shall require each cooperating State and cooperating State agency to implement effective control measures and to effectively oversee the operation 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 subparagraph (A), the term control measures' means measures that--           (B) DEFINITION- For purposes of subparagraph (A), the term control measures' means measures that--
          (i) are internal to a system used by a State to collect data; and             (i) are internal to a system used by a State to collect data; and
          (ii) are designed to ensure the accuracy and verifiability of such data.             (ii) are designed to ensure the accuracy and verifiability of such data.
      (9) DATA REPORTING-         (9) DATA REPORTING-
        (A) IN GENERAL- Any agreement entered into under this section shall require the cooperating State or cooperating State agency to report to the Secretary on a quarterly basis comprehensive performance accountability data, to consist of--           (A) IN GENERAL- Any agreement entered into under this section shall require the cooperating State or cooperating State agency to report to the Secretary on a quarterly basis comprehensive performance accountability data, to consist of--
          (i) the core indicators of performance described in subparagraph (B)(i);             (i) the core indicators of performance described in subparagraph (B)(i);
          (ii) the additional indicators of performance described in subparagraph (B)(ii), if any; and             (ii) the additional indicators of performance 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 program.             (iii) a description of efforts made to improve outcomes for workers under the climate change adjustment assistance program.
        (B) CORE INDICATORS DESCRIBED-           (B) CORE INDICATORS DESCRIBED-
          (i) IN GENERAL- The core indicators of performance described in this subparagraph are--             (i) IN GENERAL- The core indicators of performance described in this subparagraph are--
            (I) the percentage of workers receiving benefits under this part who are employed during the second calendar quarter following the calendar quarter in which the workers cease receiving such benefits;               (I) the percentage of workers receiving benefits under this part who are employed during the second calendar quarter following the calendar quarter in which the workers cease receiving such benefits;
            (II) the percentage of such workers who are employed in each of the third and fourth calendar quarters following the calendar quarter in which the workers cease receiving such benefits; and               (II) the percentage of such workers who are employed in each of the third and fourth calendar quarters following the calendar quarter in which the workers cease receiving such benefits; and
            (III) the earnings of such workers in each of the third and fourth calendar quarters following the calendar quarter in which the workers cease receiving such benefits.               (III) the earnings of such workers in each of the third and fourth calendar quarters following the calendar quarter in which the workers cease receiving such benefits.
          (ii) ADDITIONAL INDICATORS- The Secretary and a cooperating State or cooperating State agency may agree upon additional indicators of performance for the climate change adjustment assistance program under this part, as appropriate.             (ii) ADDITIONAL INDICATORS- The Secretary and a cooperating State or cooperating 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 RELIABILITY OF DATA- In preparing the quarterly report required by subparagraph (A), each cooperating 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 reliable.           (C) STANDARDS WITH RESPECT TO RELIABILITY OF DATA- In preparing the quarterly report required by subparagraph (A), each cooperating 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 reliable.
      (10) VERIFICATION OF ELIGIBILITY FOR PROGRAM BENEFITS-         (10) VERIFICATION OF ELIGIBILITY FOR PROGRAM 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 satisfactory immigration status. Once satisfactory immigration status has been initially verified through the immigration status verification system described in section 1137(d) of the Social Security Act (42 U.S.C. 1320b-7(d)) for purposes 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 receive benefits under this part. The State shall conduct such redetermination in a timely manner, utilizing the immigration status verification system described in section 1137(d) of the Social Security Act (42 U.S.C. 1320b-7(d)).           (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 satisfactory immigration status. Once satisfactory immigration status has been initially verified through the immigration status verification system described in section 1137(d) of the Social Security Act (42 U.S.C. 1320b-7(d)) for purposes 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 receive benefits under this part. The State shall conduct such redetermination in a timely manner, utilizing the immigration status verification system described in section 1137(d) of the Social Security Act (42 U.S.C. 1320b-7(d)).
        (B) PROCEDURES- The Secretary shall establish procedures to ensure the uniform application by the States of the requirements of this paragraph.           (B) PROCEDURES- The Secretary shall establish procedures to ensure the uniform application by the States of the requirements of this paragraph.
    (b) Administration Absent State Agreement-       (b) Administration Absent State Agreement-
      (1) In any State where there is no agreement in force between a State or its agency under subsection (a), the Secretary shall promulgate regulations for the performance of all necessary functions under section 426, including provision for a fair hearing for any worker whose application for payments is denied. <>       (1) In any State where there is no agreement in force between a State or its agency under subsection (a), the Secretary shall promulgate regulations for the performance of all necessary functions under section 312, including provision for a fair hearing for any worker whose application for payments 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)).         (2) A final determination under paragraph (1) with respect to entitlement to program benefits under section 312 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 contract with any private for-profit or nonprofit entity for the administration of the climate change adjustment assistance program under this part. =     (c) Prohibition on Contracting With Private Entities- Neither the Secretary nor a State may contract with any private for-profit or nonprofit entity for the administration of the climate change adjustment assistance program under this part.
    (d) Payment to the States-       (d) Payment to the States-
      (1) IN GENERAL- The Secretary shall from time to time certify to the Secretary of the Treasury for payment to each cooperating State the sums necessary to enable such State as agent of the United States to make payments provided for by this part.         (1) IN GENERAL- The Secretary shall from time to time certify to the Secretary of the Treasury for payment to each cooperating State the sums necessary 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 returned, at the time specified in the agreement under this section, to the Secretary of the Treasury.         (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 returned, 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 certifying payments or disbursing funds under the agreement or otherwise participating in the performance 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.         (3) BONDS- Any agreement under this section may require any officer or employee of the State certifying payments or disbursing funds under the agreement or otherwise participating in the performance 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-       (e) Labor Standards-
      (1) PROHIBITION ON DISPLACEMENT- An individual in an apprenticeship program or on-the-job training program under this part shall not displace (including a partial displacement, such as a reduction in the hours of non-overtime work, wages, or employment benefits) any employed employee.         (1) PROHIBITION ON DISPLACEMENT- An individual in an apprenticeship program or on-the-job training program under this part shall not displace (including a partial displacement, such as a reduction in the hours of non-overtime work, wages, or employment benefits) any employed employee.
      (2) PROHIBITION ON IMPAIRMENT OF CONTRACTS- 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 inconsistent with the terms of a collective bargaining agreement shall be undertaken without the written concurrence of the labor organization and employer concerned.         (2) PROHIBITION ON IMPAIRMENT OF CONTRACTS- 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 inconsistent 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 training, notwithstanding any other provision of this section, only if--         (3) ADDITIONAL STANDARDS- The Secretary, or a State acting under an agreement described in subsection (a) may pay the costs of on-the-job training, notwithstanding any other provision of this section, only if--
        (A) in the case of training which would be inconsistent with the terms of a collective bargaining agreement, the written concurrence of the labor organization concerned has been obtained;           (A) in the case of training which would be inconsistent with the terms of a collective bargaining agreement, the written concurrence of the labor organization concerned has been obtained;
        (B) the job for which such adversely affected worker is being trained is not being created in a promotional line that will infringe in any way upon the promotional opportunities of currently employed individuals;           (B) the job for which such adversely affected worker is being trained is not being created in a promotional line that will infringe in any way upon the promotional opportunities of currently employed individuals;
        (C) such training is not for the same occupation from which the worker was separated and with respect to which such worker's group was certified pursuant to section 425(d); <>         (C) such training is not for the same occupation from which the worker was separated and with respect to which such worker's group was certified pursuant to section 311(d);
        (D) the employer is provided reimbursement 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 =         (D) the employer is provided reimbursement 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).           (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:       (f) Definitions- As used in this part the following definitions apply:
      (1) The term adversely affected employment' means employment at an employment site, if workers at such site are eligible to apply for adjustment assistance under this part.         (1) The term adversely affected employment' means employment at an employment site, if workers 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.         (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 quarter 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 occurs 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 separation is claimed, an appropriate week, as defined in regulations prescribed by the Secretary.         (3) The term average weekly wage' means  1/13  of the total wages paid to an individual in the quarter 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 occurs 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 separation 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 (excluding 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 specified in the last sentence of paragraph (4).         (4) The term average weekly hours' means the average hours worked by the individual (excluding 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 specified in the last sentence of paragraph (4).
      (5) The term benefit period' means, with respect to an individual--         (5) The term benefit period' means, with respect to an individual--
        (A) the benefit year and any ensuing period, as determined under applicable State law, during which the individual is eligible for regular compensation, additional compensation, or extended compensation; or           (A) the benefit year and any ensuing period, as determined under applicable State law, during which the individual is eligible for regular compensation, additional compensation, or extended compensation; or
        (B) the equivalent to such a benefit year or ensuing period provided for under the applicable Federal unemployment insurance law.           (B) the equivalent to such a benefit year or ensuing period provided for under the applicable Federal unemployment insurance law.
      (6) The term consumer goods manufacturing' means the electrical equipment, appliance, and component manufacturing industry and transportation equipment manufacturing.         (6) The term consumer goods manufacturing' means the electrical equipment, appliance, and component manufacturing industry and transportation equipment manufacturing.
      (7) The term employment site' means a single facility or site of employment.         (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 greenhouse gas intensity criteria in section 765(b)(2)(A)(i) of the Clean Air Act based on the most recent data available. <>       (8) The term energy-intensive manufacturing industries' means all industrial sectors, entities, or groups of entities that meet the energy or greenhouse gas intensity criteria in section 763(b)(2)(A) of the Clean Air Act based on the most recent data available.
      (9) The term energy producing and transforming industries' means the coal mining industry, oil and gas extraction, electricity power generation, transmission and distribution, and natural gas distribution. =       (9) The term energy producing and transforming industries' means the coal mining industry, oil and gas extraction, electricity power generation, transmission and distribution, and natural gas distribution.
      (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.         (10) 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 partially separated' refer, with respect to an individual who has not been totally separated, that such individual has had--         (11) The terms partial separation' and partially separated' refer, with respect to an individual who has not been totally separated, that such individual 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 =         (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 adversely affected employment.           (B) his or her wages reduced to 80 percent or less of his average weekly wage in such adversely affected employment.
      (13) The term public agency' means a department or agency of a State or political subdivision of a State or of the Federal Government. <>       (12) The term public agency' means a department 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.         (13) The term Secretary' means the Secretary of Labor.
      (15) The term service workers' means workers supplying support or auxiliary services to an employment site.         (14) The term service workers' means workers supplying support or auxiliary services to an employment site.
          (15) The term State' includes the District of Columbia and the Commonwealth of Puerto Rico: and the term United States' when used in the geographical sense includes such Commonwealth.
      (16) The term State agency' means the agency of the State which administers the State law. =       (16) The term State agency' means the agency of the State which administers the State law.
      (17) The term State law' means the unemployment insurance law of the State approved by the Secretary of Labor under section 3304 of the Internal Revenue Code of 1954. <>       (17) The term State law' means the unemployment insurance law of the State approved by the Secretary of Labor under section 3304 of the Internal Revenue Code of 1986.
      (18) The terms total separation' and totally separated' refer to the layoff or severance of an individual from employment with an employer in which adversely affected employment exists. =       (18) The terms total separation' and totally separated' refer to the layoff or severance of an individual 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 unemployment compensation law, including chapter 85 of title 5, United States Code, and the Railroad Unemployment Insurance Act. The terms regular compensation', additional compensation', and extended compensation' have the same respective meanings that are given them in section 205(2), (3), and (4) of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note). <>       (19) The term unemployment insurance' means the unemployment compensation payable to an individual under any State law or Federal unemployment compensation law, including chapter 85 of title 5, United States Code, and the Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.). The terms regular compensation', additional compensation', and extended compensation' have the same respective meanings that are given them in section 205(2), (3), and (4) of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note; Public Law 91-373).
      (20) The term week' means a week as defined in the applicable State law. =       (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.         (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-       (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 determines is necessary to ensure that an adversely affected worker who is a member of a reserve component 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 manner and to the same extent as if the worker had not served the period of duty. <>       (1) IN GENERAL- Notwithstanding any other provision of this part, the Secretary may waive any requirement of this part that the Secretary determines is necessary to ensure that an adversely affected worker who is a member of a reserve component of the Armed Forces and serves a period of duty described in paragraph (2) is eligible to receive climate change adjustment assistance, training, and other benefits under this part in the same manner and to the same extent as if the worker had not served the period of duty.
      (2) PERIOD OF DUTY DESCRIBED- An adversely affected worker serves a period of duty described in this paragraph if, before completing training under this part, the worker-- =       (2) PERIOD OF DUTY DESCRIBED- An adversely affected worker serves a period of duty described in this paragraph if, before completing training under this part, the worker--
        (A) serves on active duty for a period of more than 30 days under a call or order to active duty of more than 30 days; or           (A) serves on active duty for a period of more than 30 days under a call or order to active 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 National 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 emergency declared by the President and supported by Federal funds.           (B) in the case of a member of the Army National Guard of the United States or Air National 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 emergency declared by the President and supported by Federal funds.
    (h) Fraud and Recovery of Overpayments-       (h) Fraud and Recovery of Overpayments-
      (1) RECOVERY OF PAYMENTS TO WHICH AN INDIVIDUAL 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--         (1) RECOVERY OF PAYMENTS TO WHICH AN INDIVIDUAL 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           (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 taking into consideration the income and resources reasonably available to the individual (or household) and other ordinary living expenses of the individual (or household).           (B) requiring such repayment would cause a financial hardship for the individual (or the individual's household, if applicable) when taking into consideration the income and resources reasonably available to the individual (or household) and other ordinary living expenses of the individual (or household).
      (2) MEANS OF RECOVERY- Unless an overpayment is otherwise recovered, or waived under paragraph (1), the Secretary shall recover the overpayment by deductions from any sums payable to such person under this part, under any Federal unemployment compensation law or other Federal law administered 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. <>       (2) MEANS OF RECOVERY- Unless an overpayment is otherwise recovered, or waived under paragraph (1), the Secretary shall recover the overpayment by deductions from any sums payable to such person under this part, under any Federal unemployment compensation law or other Federal law administered by the Secretary which provides for the payment of assistance 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 to disclose a material fact, when providing information to the Secretary during an investigation of a petition under section 311(c);
      shall be imprisoned for not more than one year, or fined under title 18, United States Code, or both, and be ineligible for any further payments under this part.
    (i) Regulations- The Secretary shall prescribe such regulations as may be necessary to carry out the provisions of this part. =     (i) Regulations- The Secretary shall prescribe such regulations as may be necessary to carry out the provisions 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 ensure that adversely affected workers within 2 years of retirement are able to access their retirement benefits. <>     (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 Act on the findings of the study and the Secretary's recommendations on how to ensure that adversely affected workers within 2 years of retirement 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 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 spending limitation for that year. The Secretary shall promulgate rules to ensure that this spending limit is not exceeded. 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 assistance exceed the spending limit.    
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