,,ii #aadth ,,congress #ast ,session ,s4 #bcih ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #aj1 #bjae ,mr4 ,sanders introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to provide benefits and services to workers who have lost their jobs or have experienced a reduction in wages or hours due to the transition to clean energy1 to amend the ,national ,labor ,relations ,act to establish an efficient system to enable employees to form1 join1 or assist labor organizations1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,clean ,energy ,worker ,just ,transition ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definitions4 ,,title ,i--,adjustment assistance program ,subtitle ,a--,group certification ,sec4 #aja4 ,petitions4 ,sec4 #ajb4 ,group eligibility requirements4 ,sec4 #ajc4 ,determinations and certifications4 ,sec4 #ajd4 ,subpoena power4 ,sec4 #aje4 ,judicial review4 ,subtitle ,b--,individual applications2 termination of assistance ,sec4 #aaa4 ,adjustment assistance4 ,sec4 #aab4 ,termination of adjustment assistance4 ,subtitle ,c--,federally funded unemployment compensation ,sec4 #aba4 ,temporary additional unemployment compensation program for certain adversely affected workers4 ,sec4 #abb4 ,permanent ,state requirement for the provision of additional unemployment compensation for certain adversely affected workers4 ,subtitle ,d--,other benefits and services ,sec4 #aca4 ,eligibility for premium subsidy credit and cost sharing benefits for health insurance4 ,sec4 #acb4 ,training and support for employment4 ,sec4 #acc4 ,additional pensions benefits4 ,subtitle ,e--,funding ,sec4 #ada4 ,establishment of clean energy workers trust fund4 ,sec4 #adb4 ,modifications to rules relating to inverted corporations4 ,subtitle ,f--,miscellaneous provisions ,sec4 #aea4 ,credit for hiring unemployed certified adversely affected workers4 ,sec4 #aeb4 ,enforcement4 ,sec4 #aec4 ,benefit information to workers4 ,sec4 #aed4 ,amendment to ,surface ,mining ,control and ,reclamation ,act of #aigg4 ,sec4 #aee4 ,regulations4 ,,title ,,ii--,workplace ,democracy ,act ,sec4 #bja4 ,short title4 ,sec4 #bjb4 ,streamlining certification for labor organizations4 ,sec4 #bjc4 ,facilitating initial collective bargaining agreements4 ,,title ,,iii--,community need-based economic transition assistance program ,sec4 #cja4 ,community need-based economic transition assistance program4 ,sec4 #cjb4 ,economic development grant programs4 ,sec4 #cjc4 ,need-based water1 broadband1 and electric grid infrastructure investment program4 #b4 ,definitions ,in this ,act3 7#a7 ,adversely affected employment ,the term adversely affected employment means employment in an applicable firm4 7#b7 ,adversely affected worker ,the term adversely affected worker means an individual who1 because of lack of work in adversely affected employment1 has been totally or partially separated from such employment1 or has been threatened to be totally or partially separated from such employment4 7#c7 ,adjustment assistance ,the term adjustment assistance means any compensation1 credit1 benefit1 funding1 training1 or service provided under this title through any option described in paragraph 7#a71 7#b71 or 7#c7 of section #aaa7;b74 7#d7 ,applicable firm ,the term applicable firm means1 as applicable-- 7,a7 the firm1 or subdivision of a firm1 for which the group of workers who are petitioning for certification under section #aja work2 7,b7 the firm1 or subdivision of a firm1 for which a group of certified adversely affected workers work2 7,c7 a group of firms within close geographic proximity1 as determined by the ,secretary1 for which a group of workers who are petitioning for certification under section #aja work2 or 7,d7 a group of firms within a close geographic proximity1 as determined by the ,secretary1 for which a group of certified adversely affected workers work4 7#e7 ,certified adversely affected worker ,the term certified adversely affected worker means an adversely affected worker covered by a certification issued under section #ajc7;a77#b74 7#f7 ,certified or recognized labor organization ,the term certified or recognized labor organization means a labor organization that is certified or recognized under section #i of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aei7 as the representative of the workers involved4 7#g7 ,energy industry ,the term energy industry means a commercial sector1 as determined by the ,secretary1 that-- 7,a7 extracts1 transports1 or uses as a direct input energy resources or electricity2 or 7,b7 is otherwise dependent on the generation or consumption of energy resources or electricity4 7#h7 ,partial separation ,the term partial separation means1 with respect to an individual who has not been totally separated1 that such individual has experienced-- 7,a7 a reduction in hours of work to #hj percent or less of the individual's average weekly hours in adversely affected employment2 and 7,b7 a reduction in wages to #hj percent or less of the individual's average weekly wage in such adversely affected employment4 7#i7 ,partially separated ,the term partially separated means1 with respect to an individual who has not been totally separated1 that such individual is experiencing partial separation4 7#aj7 ,rapid response activity ,the term rapid response activity has the meaning given the term in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb7 except that-- 7,a7 a reference in such section to a ,state shall be considered to be a reference to the ,secretary2 and 7,b7 the reference in such section to funds shall be considered to be a reference to funds reserved by the ,secretary under section #acb7;b77#a74 7#aa7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 7#ab7 ,threatened ,the term threatened1 with respect to total or partial separation1 means that an individual is aware of imminent total or partial separation from employment with an applicable firm or with a company with which the applicable firm is contracted to provide goods or services4 7#ac7 ,total separation ,the term total separation means the layoff or severance of an individual from employment with an applicable firm4 7#ad7 ,totally separated ,the term totally separated means1 with respect to an individual1 that such individual is experiencing total separation4 ,i ,adjustment assistance program ,a ,group certification #aja4 ,petitions 7a7 ,in general ,a petition for a group of workers to be certified under section #ajc for eligibility to apply for adjustment assistance may be submitted to the ,secretary by any of the following3 7#a7 ,not less than #c workers on behalf of the group of workers petitioning for such certification4 7#b7 ,a certified or recognized labor organization1 or any other duly authorized representative of such workers 7as determined by the ,secretary71 representing not less than #c of the workers in the group4 7#c7 ,the applicable firm4 7b7 ,actions by the ,secretary ,upon receipt of a petition submitted under subsection 7a71 the ,secretary shall-- 7#a7 ensure that rapid response activities and appropriate career services 7as described in section #acd of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd77 authorized under other ,federal laws are made available to the workers covered by the petition to the extent authorized under such laws2 7#b7 verify the information included in the petition2 and 7#c7 publish notice in the ,federal ,register and on the ,web site of the ,department of ,labor that the ,secretary has received such petition and has initiated an investigation into whether the group of workers shall be certified under section #ajc4 7c7 ,hearing 7#a7 ,in general ,if an individual who submits a petition under subsection 7a71 or any other individual determined by the ,secretary to have a substantial interest in the outcome of the ,secretary's decision regarding certification under section #ajc1 submits a request for a hearing in accordance with paragraph 7#b71 the ,secretary shall-- 7,a7 provide for a public hearing2 and 7,b7 afford such individual an opportunity to be present1 produce evidence1 and be heard4 7#b7 ,submission ,the request under paragraph 7#a7 shall be submitted to the ,secretary not later than #aj days after the date on which the ,secretary publishes notice in the ,federal ,register under subsection 7b77#c74 #ajb4 ,group eligibility requirements 7a7 ,criteria 7#a7 ,in general ,a group of workers shall be certified by the ,secretary as eligible to apply for adjustment assistance pursuant to a petition filed under section #aja1 if the ,secretary determines that-- 7,a7 such petition covers not less than #c workers who are similarly situated as-- 7i7 workers who work or have worked for the same applicable firm2 7ii7 workers who are totally or partially separated1 or threatened to be totally or partially separated1 due to the same local or regional circumstance2 or 7iii7 workers who are serviced by the same one-stop center described in section #aba of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caea72 7,b7 such workers are workers who work in an industry that is a qualifying industry1 determined under paragraph 7#b72 7,c7 a significant number or proportion of the workers working for the applicable firm have become totally or partially separated or are threatened to become totally or partially separated2 7,d7 7i7 sales or production of the applicable firm have decreased absolutely2 7ii7 the applicable firm has been closed1 relocated1 or acquired from another entity or foreign country2 or 7iii7 the sales1 production1 or services of the applicable firm have caused a shift that has contributed to the total or partial separation1 or threatened total or partial separation1 of such workers2 and 7,e7 the total or partial separation1 threatened total or partial separation1 or any of the actions described in subparagraph 7,d71 are directly attributable to-- 7i7 actions by the ,federal ,government2 7ii7 the low cost of competing alternative forms of energy2 or 7iii7 other reasons as determined by the ,secretary4 7#b7 ,qualifying industry 7,a7 ,initial period ,for any group filing a petition under section #aja on a date that is during the period beginning on the date of enactment of this ,act and ending on the date that is #e years after such date of enactment1 a qualifying industry shall be a coal-related or coal-dependent industry1 as determined by the ,secretary4 7,b7 ,subsequent years 7i7 ,system ,for any group filing a petition under section #aja on a date that is after the #e-year period described in subparagraph 7,a71 the ,secretary shall establish a system in accordance with this subparagraph for determining industries 7in addition to the coal-related or coal-dependent industry7 to add as qualifying industries4 7ii7 ,qualifications ,to be added as a qualifying industry under clause 7i71 an industry shall be-- 7,i7 an energy industry2 and 7,,ii7 an industry for which the ,secretary1 in consultation with the ,secretary of ,commerce1 has determined that1 during the #e-year period preceding the ,secretary's determination under this subparagraph1 not less than #bj percent of the workers in such industry are totally or partially separated or are threatened to become totally or partially separated4 7iii7 ,timing ,on the date that is #e years after the date of enactment of this ,act1 and each year thereafter1 the ,secretary1 in consultation with the ,secretary of ,commerce1 shall determine if any industry meets the qualifications under clause 7ii7 and add any such industry as a qualifying industry4 7,c7 ,indefinitely qualified ,notwithstanding any other provision in this paragraph1 an industry that is a qualifying industry1 under subparagraph 7,a7 or subparagraph 7,b71 shall indefinitely remain a qualifying industry4 7b7 ,basis for ,secretary's ,determinations 7#a7 ,in general ,the ,secretary shall1 in determining whether to certify a group of workers under section #ajc1 obtain from the workers1 the applicable firm1 or a customer of the applicable firm1 information the ,secretary determines to be necessary to make such certification1 through questionnaires and in any other manner that the ,secretary determines appropriate4 7#b7 ,standards2 criteria ,the ,secretary shall establish-- 7,a7 standards1 including data requirements1 to investigate petitions filed under section #aja2 and 7,b7 criteria for making determinations under section #ajc4 7#c7 ,additional information ,the ,secretary may seek additional information to determine whether to certify a group of workers-- 7,a7 by contacting-- 7i7 officials or workers of the applicable firm2 7ii7 officials of a certified or recognized labor organization or other duly authorized representative of the group of workers2 7iii7 ,state or regional departments of labor1 energy1 the environment1 economic development1 or commerce or that regulate utilities2 or 7iv7 the ,administrator of the ,environmental ,protection ,agency1 the ,secretary of ,energy1 the ,federal ,energy ,regulatory ,commission1 the ,united ,states ,army ,corps of ,engineers1 the ,secretary of the ,interior1 the ,united ,states ,geological ,survey1 the ,secretary of ,agriculture1 the ,secretary of ,commerce1 or the ,secretary of the ,treasury1 as applicable2 and 7,b7 by using any other available sources of information4 7#d7 ,verification of information 7,a7 ,certification ,the ,secretary shall require the worker1 applicable firm1 or a customer of such firm to certify-- 7i7 all information obtained under paragraph 7#a7 through questionnaires2 and 7ii7 all other information obtained under paragraph 7#a7 from such worker1 firm1 or customer on which the ,secretary relies in making a determination under section #ajc1 unless the ,secretary has a reasonable basis for determining that such information is accurate and complete without being certified4 7,b7 ,use of subpoenas 7i7 ,in general ,except as provided in clause 7ii71 if a worker1 applicable firm1 or customer of such firm fails to provide information requested by the ,secretary under paragraph 7#a7 within #bj days after the date of such request1 the ,secretary shall obtain such information by subpoena in accordance with section #ajd4 7ii7 ,exception ,the requirement under clause 7i7 shall not apply if the worker1 applicable firm1 or customer of such firm demonstrates to the satisfaction of the ,secretary that such worker1 firm1 or customer will provide the information within a reasonable period of time4 7,c7 ,protection of confidential information 7i7 ,in general ,the ,secretary may not release information obtained under paragraph 7#a7 that the ,secretary considers to be confidential business information or personally identifiable information unless the worker1 applicable firm1 or customer whose information is at issue had notice1 at the time of submission1 that the information would be released by the ,secretary1 or such worker1 applicable firm1 or customer subsequently consents to the release of the information4 7ii7 ,exception ,nothing in this subparagraph shall be construed to prohibit the ,secretary from providing the confidential business information described in clause 7i7 to a court in camera or to another party under a protective order issued by a court4 #ajc4 ,determinations and certifications 7a7 ,in general ,as soon as possible after the date on which a petition is filed under section #aja and1 subject to subsection 7e71 not later than #dj days after that date1 the ,secretary shall-- 7#a7 determine whether the petitioning group meets the requirements under section #ajb7;a72 and 7#b7 issue a certification of eligibility to apply for adjustment assistance covering the workers in any group which meets such requirements4 7b7 ,date of separation ,each certification issued under subsection 7a77#b7 shall specify the date on which the total or partial separation began or threatened to begin4 7c7 ,publication 7#a7 ,in general ,not later than #e days after reaching a determination on a petition filed under section #aja1 the ,secretary shall publish a summary of the determination in the ,federal ,register and on the ,web site of the ,department of ,labor1 together with the ,secretary's reasons for making such determination4 7#b7 ,limitation on personal information ,the publication under paragraph 7#a7-- 7,a7 shall not include any personal information1 including names1 of workers certified2 and 7,b7 may include information regarding the applicable firm4 7d7 ,termination of certification ,whenever the ,secretary determines1 with respect to any certification of eligibility of the workers of an applicable firm1 that total or partial separations1 or threatened total or partial separations1 from such firm are no longer attributable to the factors described in subparagraph 7,e7 of section #ajb7;a71 the ,secretary shall-- 7#a7 terminate such certification2 and 7#b7 promptly have notice of such termination1 and the reasons for such termination1 published in the ,federal ,register and on the ,web site of the ,department of ,labor4 7e7 ,extension ,the ,secretary may have an extension for completing the determination or issuance under subsection 7a7 if any individual fails to comply with the requirements for providing information under section #ajb7;b74 #ajd4 ,subpoena power 7a7 ,in general ,in the case described in section #ajb7;b77#d77;,b71 the ,secretary may require by subpoena the attendance of witnesses and the production of evidence necessary for the ,secretary to make a determination under section #ajc4 7b7 ,contumacy ,if a person refuses to obey a subpoena issued under subsection 7a71 a ,united ,states district court within the jurisdiction of which the relevant proceeding under this ,act is conducted may1 upon petition by the ,secretary1 issue an order requiring compliance with such subpoena4 #aje4 ,judicial review ,a denial of a certification under section #ajc shall be subject to judicial review in accordance with chapter #g of title #e1 ,united ,states ,code4 ,b ,individual applications2 termination of assistance #aaa4 ,adjustment assistance 7a7 ,in general ,in accordance with this subtitle1 the ,secretary shall award adjustment assistance for a calendar year to any individual who-- 7#a7 submits an application for an adjustment assistance option under any of paragraphs 7#a7 through 7#c7 of subsection 7b7 to the ,secretary in a manner determined by the ,secretary2 7#b7 is determined by the ,secretary to be a certified adversely affected worker as of the date on which such individual submits the application2 and 7#c7 meets all requirements under this section with respect to the applicable adjustment assistance option4 7b7 ,options ,for a calendar year1 an individual may apply for adjustment assistance under not more than #a of the following options3 7#a7 ,option ,a ,option ,a shall consist of adjustment assistance that is-- 7,a7 federally funded unemployment compensation under subtitle ,c1 and the amendments made by such subtitle2 7,b7 premium subsidy credits and cost sharing benefits for health insurance under section #aca1 and the amendments made by such section2 and 7,c7 additional pension benefits under section #acc1 and the amendment made by such section4 7#b7 ,option ,b ,option ,b shall consist of adjustment assistance that is-- 7,a7 7i7 funding in an amount equal to the cost of attendance1 as defined in section #dgb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajhgll71 for a program of education or training of not more than #d years at a public institution of higher education1 as defined in section #ajb of such ,act 7#bj ,u4,s4,c4 #ajjb71 subject to paragraph 7#d72 or 7ii7 7,i7 training services and appropriate career services under section #acb2 7,,ii7 job search allowances and relocation allowances under section #acb1 for individuals who meet the requirements under subsections 7d7 and 7e7 of section #acb1 respectively2 and 7,,iii7 an amount for living expenses that is based upon1 and calculated in the same manner1 as the cost of attendance1 as defined in such section #dgb1 for the training services and career services1 subject to paragraph 7#d72 and 7,b7 premium subsidy credits and cost sharing benefits for health insurance under section #aca1 and the amendments made by such section1 and additional pension benefits under section #acc1 and the amendment made by such section4 7#c7 ,option ,c ,option ,c shall-- 7,a7 be for an individual who is #fb years of age or older on the date on which such individual submits an application under subsection 7a7 and-- 7i7 retires from the adversely affected employment not later than #abj days after the date on which such individual becomes a certified adversely affected worker2 or 7ii7 in the case of an individual whose adversely affected employment was at an applicable firm that is no longer capable of providing the full retirement pension and health care benefits as promised1 has retired prior to the date on which such individual becomes a certified adversely affected worker2 and 7,b7 consist of adjustment assistance that is-- 7i7 the premium subsidy credits and cost sharing benefits for health insurance under section #aca1 and the amendments made by such section2 and 7ii7 additional pension benefits under section #acc1 and the amendment made by such section4 7#d7 ,special rule ,any amount provided for the cost of attendance of a program of education or training under paragraph 7#b77;,a77i71 or for living expenses related to training services under paragraph 7#b77;,a77ii71 shall be reduced by any amount provided toward such cost of attendance or living expenses under section #acb1 section #dja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a71 or any other ,federal grant assistance program4 7c7 ,reapplication process ,an individual who has received adjustment assistance for a calendar year shall reapply for such assistance for any subsequent calendar year subject to subsection 7d74 7d7 ,limitations 7#a7 ,option ,a ,an individual may receive adjustment assistance under subsection 7b77#a7 for not more than #c years4 7#b7 ,option ,b ,an individual may receive adjustment assistance under subsection 7b77#b7 for not more than #d years4 7e7 ,flexibility in options ,during a calendar year1 an individual receiving adjustment assistance under an option under subsection 7b7 may terminate adjustment assistance under that option and apply to receive adjustment assistance under a different option under such subsection4 #aab4 ,termination of adjustment assistance 7a7 ,notification of comparable benefits ,not later than #fj days after obtaining comparable benefits1 an individual receiving adjustment assistance shall notify the ,secretary of such comparable benefits4 7b7 ,termination ,any adjustment assistance provided to an individual under this title shall terminate not later than #fj days after the date on which such individual obtains comparable benefits4 7c7 ,comparable benefits defined ,for purposes of this section1 the term comparable benefits means benefits that provide the individual with not less than #ij percent of the salary1 pension benefits1 and health care benefits provided to the individual by the applicable firm immediately prior to the individual becoming an adversely affected worker4 ,c ,federally funded unemployment compensation #aba4 ,temporary additional unemployment compensation program for certain adversely affected workers 7a7 ,federal-,state agreements ,any ,state that desires to do so may enter into and participate in an agreement under this section with the ,secretary4 ,any ,state that is a party to an agreement under this section may1 upon providing #cj days' written notice to the ,secretary1 terminate such agreement4 7b7 ,provisions of agreement 7#a7 ,in general ,any agreement under subsection 7a7 shall provide that the ,state agency of the ,state will make payments of temporary additional unemployment compensation to applicable individuals who-- 7,a7 have exhausted all rights to regular compensation under the ,state law or under ,federal law with respect to a benefit year2 7,b7 have no rights to regular compensation with respect to a week under such law or any other ,state unemployment compensation law or to compensation under any other ,federal law2 7,c7 are not receiving compensation with respect to such week under the unemployment compensation law of ,canada2 and 7,d7 are able to work1 available to work1 and actively seeking work4 7#b7 ,exhaustion of benefits ,for purposes of paragraph 7#a77;,a71 an applicable individual shall be deemed to have exhausted such individual's rights to regular compensation under a ,state law when-- 7,a7 no payments of regular compensation can be made under such law because such individual has received all regular compensation available to such individual based on employment or wages during such individual's base period2 or 7,b7 such individual's rights to such compensation have been terminated by reason of the expiration of the benefit year with respect to which such rights existed4 7#c7 ,weekly benefit amount1 etc 7,a7 ,in general ,subject to paragraph 7#d71 for purposes of any agreement under this section-- 7i7 the amount of temporary additional unemployment compensation that shall be payable to any applicable individual for any week of total unemployment shall be equal to the amount of the regular compensation 7including dependents' allowances7 payable to such individual during such individual's benefit year under the ,state law for a week of total unemployment2 7ii7 subject to subparagraph 7,b71 the terms and conditions of the ,state law which apply to claims for regular compensation and to the payment thereof 7including terms and conditions relating to availability for work1 active search for work1 and refusal to accept work7 shall apply to claims for temporary additional unemployment compensation and the payment thereof1 except-- 7,i7 that an applicable individual shall not be eligible for temporary additional unemployment compensation unless1 in the base period with respect to which such individual exhausted all rights to regular compensation under the ,state law1 such individual had #bj weeks of full-time insured employment or the equivalent in insured wages1 as determined under the provisions of the ,state law implementing section #bjb7;a77#e7 of the ,federal-,state ,extended ,unemployment ,compensation ,act of #aigj 7#bf ,u4,s4,c4 #ccjd note72 and 7,,ii7 where otherwise inconsistent with the provisions of this section or with the regulations or operating instructions of the ,secretary promulgated to carry out this section2 and 7iii7 the maximum amount of temporary additional unemployment compensation payable to any applicable individual is #aef weeks4 7,b7 ,exception ,under an agreement under this section1 temporary additional unemployment compensation shall not be denied under subparagraph 7,a7 to an applicable individual for any week by reason of a failure to accept an offer of1 or apply for1 work if the work does not provide for comparable benefits 7as defined in section #aab7;c774 7#d7 ,no new benefit year ,in determining the amount under paragraph 7#c71 a ,state shall not establish a new benefit year with respect to applicable individuals4 7#e7 ,coordination rule ,notwithstanding any other provision of ,federal law 7and if the ,state law permits71 the ,governor of a ,state that is in an extended benefit period may provide for the payment of emergency unemployment compensation prior to temporary additional unemployment compensation to applicable individuals who otherwise meet the requirements of this section4 7#f7 ,unauthorized aliens ineligible ,a ,state shall require as a condition of temporary additional unemployment compensation that each alien who receives such compensation must be legally authorized to work in the ,united ,states1 as defined for purposes of the ,federal ,unemployment ,tax ,act 7#bf ,u4,s4,c4 #ccja et seq474 ,in determining whether an alien meets the requirements of this subsection1 a ,state must follow the procedures provided in section #aacg7;d7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;b-#g7;d774 7c7 ,payments to states 7#a7 ,in general 7,a7 ,full reimbursement ,there shall be paid to each ,state which has entered into an agreement under this section an amount equal to #ajj percent of-- 7i7 the total amount of additional weeks of temporary additional unemployment compensation paid to applicable individuals by the ,state pursuant to such agreement2 and 7ii7 any additional administrative expenses incurred by the ,state by reason of such agreement 7as determined by the ,secretary74 7,b7 ,terms of payments ,sums payable to any ,state by reason of such ,state's having an agreement under this section shall be payable1 either in advance or by way of reimbursement 7as determined by the ,secretary71 in such amounts as the ,secretary estimates the ,state will be entitled to receive under this section for a period1 reduced or increased1 as the case may be1 by any amount by which the ,secretary finds that his estimates for any prior period were greater or less than the amounts which should have been paid to the ,state4 ,such estimates may be made on the basis of such statistical1 sampling1 or other method as may be agreed upon by the ,secretary and the ,state agency of the ,state involved4 7#b7 ,certifications ,the ,secretary shall from time to time certify to the ,secretary of the ,treasury for payment to each ,state the sums payable to such ,state under this section4 7#c7 ,funding ,payments to ,states under an agreement under this section shall be made from the ,trust ,fund established under section #ada4 7d7 ,fraud and overpayments 7#a7 ,in general ,if an individual knowingly has made1 or caused to be made by another1 a false statement or representation of a material fact1 or knowingly has failed1 or caused another to fail1 to disclose a material fact1 and as a result of such false statement or representation or of such nondisclosure such individual has received an amount of temporary additional unemployment compensation to which such individual was not entitled1 such individual-- 7,a7 shall be ineligible for further temporary additional unemployment compensation in accordance with the provisions of the applicable ,state unemployment compensation law relating to fraud in connection with a claim for unemployment compensation2 and 7,b7 shall be subject to prosecution under section #ajja of title #ah1 ,united ,states ,code4 7#b7 ,repayment ,in the case of individuals who have received amounts of temporary additional unemployment compensation to which they were not entitled1 the ,state shall require such individuals to repay the amounts of such temporary additional unemployment compensation to the ,state agency1 except that the ,state agency may waive such repayment if it determines that-- 7,a7 the payment of such temporary additional unemployment compensation was without fault on the part of any such individual2 and 7,b7 such repayment would be contrary to equity and good conscience4 7#c7 ,recovery by ,state agency 7,a7 ,in general ,the ,state agency shall recover the amount to be repaid1 or any part thereof1 by deductions from any temporary additional unemployment compensation payable to such individual under this section or from any unemployment compensation payable to such individual under any ,state or ,federal unemployment compensation law administered by the ,state agency or under any other ,state or ,federal law administered by the ,state agency which provides for the payment of any assistance or allowance with respect to any week of unemployment1 during the #c-year period after the date such individual received the payment of the temporary additional unemployment compensation to which the individual was not entitled1 in accordance with the same procedures as apply to the recovery of overpayments of regular unemployment benefits paid by the ,state4 7,b7 ,opportunity for hearing ,no repayment shall be required1 and no deduction shall be made1 until a determination has been made1 notice thereof and an opportunity for a fair hearing has been given to the individual1 and the determination has become final4 7#d7 ,review ,any determination by a ,state agency under this subsection shall be subject to review in the same manner and to the same extent as determinations under the ,state unemployment compensation law1 and only in that manner and to that extent4 7e7 ,applicability 7#a7 ,in general ,an agreement entered into under this section shall apply to weeks of unemployment-- 7,a7 beginning after the date on which such agreement is entered into2 and 7,b7 ending on or before ,january #a1 #bjai4 7#b7 ,termination ,no temporary additional unemployment compensation under this section shall be payable for any week subsequent to the last week described in paragraph 7#a77;,b74 7f7 ,definitions ,in this section3 7#a7 ,applicable individual ,the term applicable individual means1 with respect to a week of temporary additional unemployment compensation1 an individual who-- 7,a7 is a certified adversely affected worker 7as defined in section #b7 for such week2 and 7,b7 has been awarded adjustment assistance for option ,a under section #aaa7;b7 for such week4 7#b7 ,,eb program definitions ,the terms compensation1 regular compensation1 extended compensation1 benefit year1 base period1 ,state1 ,state agency1 ,state law1 and week have the respective meanings given such terms under section #bje of the ,federal-,state ,extended ,unemployment ,compensation ,act of #aigj 7#bf ,u4,s4,c4 #ccjd note74 #abb4 ,permanent ,state requirement for the provision of additional unemployment compensation for certain adversely affected workers 7a7 ,unemployment compensation ,chapter #bc of subtitle ,c of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 in section #ccjd7;a7-- 7,a7 in paragraph 7#ah71 by striking and at the end2 7,b7 by redesignating paragraph 7#ai7 as paragraph 7#bj72 and 7,c7 by inserting after paragraph 7#ah7 the following new paragraph3 7#ai7 additional unemployment compensation for applicable individuals shall be payable as provided in section #ccab2 and 2 and 7#b7 by adding at the end the following3 #ccab4 ,additional unemployment compensation for certain adversely affected workers 7a7 ,additional unemployment compensation 7#a7 ,in general 7,a7 ,in general ,for purposes of section #ccjd7;a77#ai71 a ,state law shall provide that payment of additional unemployment compensation shall be made to applicable individuals who-- 7i7 have exhausted all rights to regular compensation under the ,state law or under ,federal law with respect to a benefit year2 7ii7 have no rights to regular compensation with respect to a week under such law or any other ,state unemployment compensation law or to compensation under any other ,federal law2 7iii7 are not receiving compensation with respect to such week under the unemployment compensation law of ,canada2 and 7iv7 are able to work1 available to work1 and actively seeking work4 7,b7 ,exception ,additional unemployment compensation shall not be denied under subparagraph 7,a7 to an applicable individual for any week by reason of a failure to accept an offer of1 or apply for1 work if the work does not provide for comparable benefits 7as defined in section #aab7;c7 of the ,clean ,energy ,worker ,just ,transition ,act74 7#b7 ,exhaustion of benefits ,for purposes of paragraph 7#a77;,a71 an applicable individual shall be deemed to have exhausted such individual's rights to regular compensation under a ,state law when-- 7,a7 no payments of regular compensation can be made under such law because such individual has received all regular compensation available to such individual based on employment or wages during such individual's base period2 or 7,b7 such individual's rights to such compensation have been terminated by reason of the expiration of the benefit year with respect to which such rights existed4 7#c7 ,weekly benefit amount1 etc 7,a7 ,in general ,subject to paragraph 7#d71 for purposes of this section-- 7i7 the amount of additional unemployment compensation which shall be payable to any applicable individual for any week of total unemployment shall be equal to the amount of the regular compensation 7including dependents' allowances7 payable to such individual during such individual's benefit year under the ,state law for a week of total unemployment2 7ii7 the terms and conditions of the ,state law which apply to claims for regular compensation and to the payment thereof 7including terms and conditions relating to availability for work1 active search for work1 and refusal to accept work7 shall apply to claims for additional unemployment compensation and the payment thereof1 except-- 7,i7 that an applicable individual shall not be eligible for additional unemployment compensation unless1 in the base period with respect to which such individual exhausted all rights to regular compensation under the ,state law1 such individual had #bj weeks of full-time insured employment or the equivalent in insured wages1 as determined under the provisions of the ,state law implementing section #bjb7;a77#e7 of the ,federal-,state ,extended ,unemployment ,compensation ,act of #aigj 7#bf ,u4,s4,c4 #ccjd note72 and 7,,ii7 where otherwise inconsistent with the provisions of this section or with the regulations or operating instructions of the ,secretary of ,labor promulgated to carry out this section2 and 7iii7 the maximum amount of additional unemployment compensation payable to any applicable individual is #aef weeks4 7,b7 ,transition for applicable individuals receiving compensation under the temporary additional unemployment compensation program ,in the case of an applicable individual who received temporary additional unemployment compensation under section #aba of the ,clean ,energy ,worker ,just ,transition ,act for weeks ending prior to ,january #a1 #bjai-- 7i7 the number of weeks described in subparagraph 7,a77iii7 shall be reduced by the number of weeks such individual received the temporary additional unemployment compensation under such section #aba2 and 7ii7 in determining the amount under subparagraph 7,a7 for such individual1 the ,state shall use the same benefit year as was used for such individual under such section #aba4 7#d7 ,no new benefit year ,in determining the amount under paragraph 7#c71 a ,state shall not establish a new benefit year with respect to applicable individuals4 7#e7 ,coordination rule ,notwithstanding any other provision of ,federal law 7and if the ,state law permits71 the ,governor of a ,state that is in an extended benefit period may provide for the payment of emergency unemployment compensation prior to additional unemployment compensation to applicable individuals who otherwise meet the requirements of this section4 7#f7 ,unauthorized aliens ineligible ,a ,state shall require as a condition of additional unemployment compensation that each alien who receives such compensation must be legally authorized to work in the ,united ,states1 as defined for purposes of the ,federal ,unemployment ,tax ,act 7#bf ,u4,s4,c4 #ccja et seq474 ,in determining whether an alien meets the requirements of this subsection1 a ,state must follow the procedures provided in section #aacg7;d7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;b-#g7;d774 7b7 ,payments to states 7#a7 ,in general 7,a7 ,full reimbursement ,there shall be paid to each ,state an amount equal to #ajj percent of-- 7i7 the total amount of additional unemployment compensation paid to applicable individuals by the ,state pursuant to this section2 and 7ii7 any additional administrative expenses incurred by the ,state by reason of this section 7as determined by the ,secretary of ,labor74 7,b7 ,terms of payments ,sums payable to any ,state by reason of this section shall be payable1 either in advance or by way of reimbursement 7as determined by the ,secretary of ,labor71 in such amounts as the ,secretary of ,labor estimates the ,state will be entitled to receive under this section for a period1 reduced or increased1 as the case may be1 by any amount by which the ,secretary of ,labor finds that his estimates for any prior period were greater or less than the amounts which should have been paid to the ,state4 ,such estimates may be made on the basis of such statistical1 sampling1 or other method as may be agreed upon by the ,secretary of ,labor and the ,state agency of the ,state involved4 7#b7 ,certifications ,the ,secretary of ,labor shall from time to time certify to the ,secretary of the ,treasury for payment to each ,state the sums payable to such ,state under this section4 7#c7 ,funding ,payments to ,states under an agreement under this section shall be made from the ,clean ,energy ,workers ,trust ,fund established under section #ada of the ,clean ,energy ,worker ,just ,transition ,act4 7c7 ,fraud and overpayments 7#a7 ,in general ,if an individual knowingly has made1 or caused to be made by another1 a false statement or representation of a material fact1 or knowingly has failed1 or caused another to fail1 to disclose a material fact1 and as a result of such false statement or representation or of such nondisclosure such individual has received an amount of additional unemployment compensation to which such individual was not entitled1 such individual-- 7,a7 shall be ineligible for further additional unemployment compensation in accordance with the provisions of the applicable ,state unemployment compensation law relating to fraud in connection with a claim for unemployment compensation2 and 7,b7 shall be subject to prosecution under section #ajja of title #ah1 ,united ,states ,code4 7#b7 ,repayment ,in the case of individuals who have received amounts of additional unemployment compensation to which they were not entitled1 the ,state shall require such individuals to repay the amounts of such additional unemployment compensation to the ,state agency1 except that the ,state agency may waive such repayment if it determines that-- 7,a7 the payment of such additional unemployment compensation was without fault on the part of any such individual2 and 7,b7 such repayment would be contrary to equity and good conscience4 7#c7 ,recovery by ,state agency 7,a7 ,in general ,the ,state agency shall recover the amount to be repaid1 or any part thereof1 by deductions from any additional unemployment compensation payable to such individual under this section or from any unemployment compensation payable to such individual under any ,state or ,federal unemployment compensation law administered by the ,state agency or under any other ,state or ,federal law administered by the ,state agency which provides for the payment of any assistance or allowance with respect to any week of unemployment1 during the #c-year period after the date such individuals received the payment of the additional unemployment compensation to which they were not entitled1 in accordance with the same procedures as apply to the recovery of overpayments of regular unemployment benefits paid by the ,state4 7,b7 ,opportunity for hearing ,no repayment shall be required1 and no deduction shall be made1 until a determination has been made1 notice thereof and an opportunity for a fair hearing has been given to the individual1 and the determination has become final4 7#d7 ,review ,any determination by a ,state agency under this subsection shall be subject to review in the same manner and to the same extent as determinations under the ,state unemployment compensation law1 and only in that manner and to that extent4 7d7 ,definitions ,in this section3 7#a7 ,applicable individual ,the term applicable individual means1 with respect to a week of additional unemployment compensation1 an individual who-- 7,a7 is a certified adversely affected worker 7as defined in section #b of the ,clean ,energy ,worker ,just ,transition ,act7 for such week2 and 7,b7 has been awarded adjustment assistance for option ,a under section #aaa7;b77#a7 of such ,act for such week4 7#b7 ,,eb program definitions ,the terms compensation1 regular compensation1 extended compensation1 benefit year1 base period1 ,state1 ,state agency1 ,state law1 and week have the respective meanings given such terms under section #bje of the ,federal-,state ,extended ,unemployment ,compensation ,act of #aigj 7#bf ,u4,s4,c4 #ccjd note74 4 7b7 ,clerical amendment ,the table of sections for chapter #bc of subtitle ,c of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following item3 ,sec4 #ccab4 ,additional unemployment compensation4 4 7c7 ,effective date ,the amendments made by this section shall take effect on ,january #a1 #bjai1 and shall apply to weeks of unemployment ending on or after such date4 ,d ,other benefits and services #aca4 ,eligibility for premium subsidy credit and cost sharing benefits for health insurance 7a7 ,premium subsidy credit 7#a7 ,in general ,paragraph 7#a7 of section #cf;,b7c7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new subparagraph3 7,e7 ,special rule for certain certified adversely affected workers ,if-- 7i7 a taxpayer has a household income which is not greater than #ajj percent of an amount equal to the poverty line for a family of the size involved1 and 7ii7 the taxpayer is a certified adversely affected worker under section #b of the ,clean ,energy ,worker ,just ,transition ,act and has been awarded adjustment assistance under ,option ,a1 ,option ,b1 or ,option ,c of section #aaa7;b7 of such ,act1 the taxpayer shall1 for purposes of the credit under this section1 be treated as an applicable taxpayer with a household income which is equal to #ajj percent of the poverty line for a family of the size involved4 4 7#b7 ,effective date ,the amendment made by this subsection shall apply to months beginning after ,december #ca1 #bjae4 7b7 ,cost sharing ,the second sentence of section #adjb7;b7 of the ,patient ,protection and ,affordable ,care ,act is amended by striking section #cf;,b7c77#a77;,b7 and inserting subparagraph 7,c7 or 7,e7 of section #cf;,b7c77#a74 #acb4 ,training and support for employment 7a7 ,definitions ,in this section3 7#a7 ,career services ,the term career services means services described in section #acd7;c77#b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7;c77#b774 7#b7 ,eligible adversely affected worker ,the term eligible adversely affected worker means a certified adversely affected worker who has been awarded adjustment assistance under section #aaa7;b77#b74 7#c7 ,suitable employment ,the term suitable employment1 used with respect to an eligible adversely affected worker1 means employment-- 7,a7 at a wage that is not less than #ij percent of the wage the worker received on the day before the date described in section #ajc7;b72 and 7,b7 that meets such other requirements as the ,secretary may specify4 7#d7 ,training services ,the term training services means services provided under section #acd7;c77#c7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagd7;c77#c774 7b7 ,funding ,each fiscal year1 the ,secretary shall use a portion of the funds made available under section #ada to carry out this section4 ,from that portion1 the ,secretary shall-- 7#a7 reserve an amount for the ,secretary to use in ensuring the availability of rapid response activities and career services under section #aja7;b77#a72 7#b7 reserve an amount to grant job search allowances under subsection 7d72 7#c7 reserve an amount to grant relocation allowance under subsection 7e72 and 7#d7 use the remainder of the portion to carry out subsection 7c74 7c7 ,career services and training services 7#a7 ,funding ,each fiscal year1 the ,secretary shall use the remainder described in subsection 7b77#d7 to provide career services and training services to eligible adversely affected workers1 or to contribute to the costs of the one-stop delivery system involved4 7#b7 ,treatment of funds ,the ,secretary shall treat the funds in that remainder as if the funds are part of the amount described in section #acb7;b77#b77;,b7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagb7;b77#b77;,b771 except that-- 7,a7 all funds in that remainder may only be used to provide career services and training services to eligible adversely affected worker1 or to contribute to the costs of the one-stop delivery system involved1 as described in section #acc7;b77#e77;,b77ii7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cagc7;b77#e77;,b77ii772 7,b7 the funds in that remainder shall not be counted for purposes of applying section #acb7;b77#b77;,b77iii7 or #acc7;b77#b77;,b77iii7 of that ,act 7#bi ,u4,s4,c4 #cagb7;b77#b77;,b77iii71 #cagc7;b77#b77;,b77iii772 and 7,c7 section #acc7;b77#d7 of that ,act 7#bi ,u4,s4,c4 #cagc7;b77#d77 shall not apply to the funds in that remainder4 7d7 ,job search allowances 7#a7 ,job ,search ,allowance ,authorized 7,a7 ,distributions 7i7 ,initial distribution ,the ,secretary shall establish procedures for an initial distribution to ,states of reserved funds described in subsection 7b77#b7 and available for a fiscal year4 ,such procedures may include the distribution of funds pursuant to requests submitted by ,states in need of such funds4 7ii7 ,subsequent distribution ,the ,secretary shall establish procedures for the distribution to ,states of the reserved funds that remain available for the fiscal year after the initial distribution required under clause 7i74 ,such procedures may include the distribution of funds pursuant to requests submitted by ,states in need of such funds4 7,b7 ,state use of funds ,each ,state may use funds distributed to the ,state under subparagraph 7,a7 to allow an eligible adversely affected worker who has completed a program of training services or has received appropriate career services to file an application with the ,secretary for payment of a job search allowance4 7,c7 ,approval of applications ,the ,secretary may grant an allowance pursuant to an application filed under subparagraph 7,b7 when all of the following apply3 7i7 ,assist eligible adversely affected worker ,the allowance is paid to assist a worker described in subparagraph 7,b7 in securing a job within the ,united ,states4 7ii7 ,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 resides4 7iii7 ,application ,the worker has filed an application for the allowance with the ,secretary at such time and containing such information as the ,secretary may determine4 7#b7 ,amount of ,allowance 7,a7 ,in general ,any allowance granted under paragraph 7#a7 shall provide reimbursement to the worker of not more than #ij percent of the necessary job search expenses of the worker as prescribed by the ,secretary in regulations4 7,b7 ,maximum allowance ,reimbursement under this paragraph may not exceed #a1bej for any worker4 7,c7 ,exception ,notwithstanding subparagraphs 7,a7 and 7,b71 a ,state may reimburse any worker described in paragraph 7#a77;,b7 for necessary expenses incurred by the worker in participating in a job search program approved by the ,secretary4 7e7 ,relocation allowances 7#a7 ,relocation ,allowance ,authorized 7,a7 ,distributions 7i7 ,initial distribution ,the ,secretary shall establish procedures for an initial distribution to ,states of reserved funds described in subsection 7b77#c7 and available for a fiscal year4 ,such procedures may include the distribution of funds pursuant to requests submitted by ,states in need of such funds4 7ii7 ,subsequent distribution ,the ,secretary shall establish procedures for the distribution to ,states of the reserved funds that remain available for the fiscal year after the initial distribution required under clause 7i74 ,such procedures may include the distribution of funds pursuant to requests submitted by ,states in need of such funds4 7,b7 ,state use of funds ,each ,state may use funds distributed to the ,state under subparagraph 7,a7 to allow an eligible adversely affected worker to file an application for a relocation allowance with the ,secretary1 and the ,secretary may grant the relocation allowance1 subject to the terms and conditions of this subsection4 7#b7 ,conditions for granting allowance ,the relocation allowance may be granted if all of the following terms and conditions are met3 7,a7 ,assist eligible adversely affected worker ,the relocation allowance will assist an eligible adversely affected worker in relocating within the ,united ,states to receive training services or for employment4 7,b7 ,local employment not available ,the ,secretary determines that the worker cannot reasonably be expected to secure-- 7i7 in the case of a worker relocating to receive training services1 suitable training services in the commuting area in which the worker resides2 and 7ii7 in the case of a worker relocating for employment1 suitable employment in that commuting area4 7,c7 ,separation or threat ,the worker is totally or partially separated1 or is threatened to become totally or partially separated1 from employment at the time relocation commences4 7,d7 ,suitable training or employment ,the worker-- 7i7 in the case of a worker relocating to receive training services or for employment after receiving training services1 obtains approval from the ,secretary for the program of training services involved2 or 7ii7 in the case of a worker relocating for employment1 has obtained suitable employment affording a reasonable expectation of long-term duration in the area in which the worker wishes to relocate1 or has obtained a bona fide offer of such employment4 7,e7 ,application ,the worker filed an application with the ,secretary before-- 7i7 in the case of a worker relocating for employment or to receive training services1 the later of-- 7,i7 the #dbeth day after the date of the certification under section #ajb that covers the worker2 or 7,,ii7 the #dbeth day after the date of the worker's last total separation2 or 7ii7 in the case of a worker relocating for employment after receiving training services1 the date that is the #ahb;d day after the date on which the worker concluded a program of training services approved by the ,secretary under subparagraph 7,d77i74 7#c7 ,amount of allowance ,any relocation allowance granted to a worker under paragraph 7#a7 shall include-- 7,a7 not more than #ij percent of the reasonable and necessary expenses 7including subsistence and transportation expenses at levels not exceeding those allowable as specified in regulations prescribed by the ,secretary7 incurred in transporting the worker1 the worker's family1 and household effects2 and 7,b7 a lump sum equivalent to #c times the worker's average weekly wage1 up to a maximum payment of #a1bej4 7#d7 ,limitations ,a relocation allowance may not be granted to a worker unless-- 7,a7 in the case of a worker relocating for employment or to receive training services1 the relocation occurs within #ahb days after the filing of the application for relocation assistance2 or 7,b7 in the case of a worker relocating for employment after receiving training services1 the relocation occurs within #ahb days after the conclusion of a program of training services approved by the ,secretary under paragraph 7#b77;,d77i74 #acc4 ,additional pensions benefits 7a7 ,in general ,in the case that1 with respect to a certified adversely affected worker1 the amount of pension plan benefits guaranteed under section #djbb or #djbb;,a of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #acbb1 #acbb;a71 subject to section #djbb;,b of such ,act 7#bi ,u4,s4,c4 #acbb;b7 is less than the amount of the nonforfeitable benefit to which such employee was entitled under the terms of the pension plan of the applicable firm immediately before the date of the insolvency of such applicable firm1 the ,pension ,benefit ,guaranty ,corporation shall make payments to such certified adversely affected worker or to the multiemployer plan of the certified adversely affected worker1 as applicable1 on a monthly basis in an amount equal to-- 7#a7 the excess of-- 7,a7 the amount to which the employee was so entitled2 over 7,b7 the amount so guaranteed2 and 7#b7 the payments otherwise made to such worker in accordance with section #djbb or #djbb;,a of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #acbb1 #acbb;a71 subject to section #djbb;,b of such ,act 7#bi ,u4,s4,c4 #acbb;b74 7b7 ,transfers from ,fund ,each fiscal quarter1 the ,secretary of ,labor shall transfer from the ,trust ,fund established under section #ada to the fund established under subsection 7i7 of section #djje of the ,employee ,retirement ,income ,security ,act 7#bi ,u4,s4,c4 #acje7 7as added by subsection 7c771 an amount equal to the aggregate payments that are expected to be made under subsection 7a77#a7 by the ,pension ,benefit ,guaranty ,corporation in the subsequent fiscal quarter4 ,the ,secretary of ,labor may adjust the amounts so transferred for a fiscal quarter to account for any overpayment or underpayment so made in a previous fiscal quarter4 7c7 ,,pbgc fund ,section #djje of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #acje7 is amended by adding at the end the following3 7i7 ,an eighth fund shall be established and credited with any amounts transferred in accordance with section #acc7;b7 of the ,clean ,energy ,worker ,just ,transition ,act4 ,such amounts shall be made available to make payments in accordance with section #acc7;a7 of such ,act4 4 ,e ,funding #ada4 ,establishment of clean energy workers trust fund 7a7 ,establishment ,there is established in the ,treasury of the ,united ,states a trust fund to be known as the ,clean ,energy ,workers ,trust ,fund 7referred to in this ,act as the ,trust ,fund71 consisting of such amounts as may be appropriated to the ,trust ,fund under subsection 7b74 7b7 ,amounts in ,trust ,fund ,there is appropriated to the ,trust ,fund1 on an annual basis1 an amount equal to the increase in revenues to the ,treasury resulting from the amendments made by section #adb4 7c7 ,expenditures from ,trust ,fund 7#a7 ,in general ,except as provided under paragraph 7#b71 amounts in the ,trust ,fund shall be available without further appropriation-- 7,a7 to carry out-- 7i7 the group certification and individual application provisions under subtitles ,a and ,b of this title1 respectively2 7ii7 adjustment assistance provided through any option under section #aaa7;b7 7subject to paragraph 7#b772 and 7iii7 sections #aeb and #aec2 and 7,b7 for the administrative costs associated with carrying out subparagraph 7,a7 and this section4 7#b7 ,tax credits and incentives ,from time to time there shall be transferred from the ,trust ,fund to the general fund of the ,treasury amounts equal to the decrease in revenues to the ,treasury resulting from the amendments made by sections #aca and #aea4 7#c7 ,availability ,the amounts in the ,trust ,fund shall be available for the purposes described in paragraphs 7#a7 and 7#b7 to the ,secretary and the head of any other agency as necessary to carry out such purposes4 #adb4 ,modifications to rules relating to inverted corporations 7a7 ,in general ,subsection 7b7 of section #ghgd of the ,internal ,revenue ,code of #aihf is amended to read as follows3 7b7 ,inverted corporations treated as domestic corporations 7#a7 ,in general ,notwithstanding section #ggja7;a77#d71 a foreign corporation shall be treated for purposes of this title as a domestic corporation if-- 7,a7 such corporation would be a surrogate foreign corporation if subsection 7a77#b7 were applied by substituting #hj percent for #fj percent1 or 7,b7 such corporation is an inverted domestic corporation4 7#b7 ,inverted domestic corporation ,for purposes of this subsection1 a foreign corporation shall be treated as an inverted domestic corporation if1 pursuant to a plan 7or a series of related transactions7-- 7,a7 the entity completes after ,may #h1 #bjad1 the direct or indirect acquisition of-- 7i7 substantially all of the properties held directly or indirectly by a domestic corporation1 or 7ii7 substantially all of the assets of1 or substantially all of the properties constituting a trade or business of1 a domestic partnership1 and 7,b7 after the acquisition1 either-- 7i7 more than #ej percent of the stock 7by vote or value7 of the entity is held-- 7,i7 in the case of an acquisition with respect to a domestic corporation1 by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation1 or 7,,ii7 in the case of an acquisition with respect to a domestic partnership1 by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership1 or 7ii7 the management and control of the expanded affiliated group which includes the entity occurs1 directly or indirectly1 primarily within the ,united ,states1 and such expanded affiliated group has significant domestic business activities4 7#c7 ,exception for corporations with substantial business activities in foreign country of organization ,a foreign corporation described in paragraph 7#b7 shall not be treated as an inverted domestic corporation if after the acquisition the expanded affiliated group which includes the entity has substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group4 ,for purposes of subsection 7a77#b77;,b77iii7 and the preceding sentence1 the term substantial business activities shall have the meaning given such term under regulations in effect on ,may #h1 #bjad1 except that the ,secretary may issue regulations increasing the threshold percent in any of the tests under such regulations for determining if business activities constitute substantial business activities for purposes of this paragraph4 7#d7 ,management and control ,for purposes of paragraph 7#b77;,b77ii7-- 7,a7 ,in general ,the ,secretary shall prescribe regulations for purposes of determining cases in which the management and control of an expanded affiliated group is to be treated as occurring1 directly or indirectly1 primarily within the ,united ,states4 ,the regulations prescribed under the preceding sentence shall apply to periods after ,may #h1 #bjad4 7,b7 ,executive officers and senior management ,such regulations shall provide that the management and control of an expanded affiliated group shall be treated as occurring1 directly or indirectly1 primarily within the ,united ,states if substantially all of the executive officers and senior management of the expanded affiliated group who exercise day-to-day responsibility for making decisions involving strategic1 financial1 and operational policies of the expanded affiliated group are based or primarily located within the ,united ,states4 ,individuals who in fact exercise such day-to-day responsibilities shall be treated as executive officers and senior management regardless of their title4 7#e7 ,significant domestic business activities ,for purposes of paragraph 7#b77;,b77ii71 an expanded affiliated group has significant domestic business activities if at least #be percent of-- 7,a7 the employees of the group are based in the ,united ,states1 7,b7 the employee compensation incurred by the group is incurred with respect to employees based in the ,united ,states1 7,c7 the assets of the group are located in the ,united ,states1 or 7,d7 the income of the group is derived in the ,united ,states1 determined in the same manner as such determinations are made for purposes of determining substantial business activities under regulations referred to in paragraph 7#c7 as in effect on ,may #h1 #bjad1 but applied by treating all references in such regulations to foreign country and relevant foreign country as references to the ,united ,states4 ,the ,secretary may issue regulations decreasing the threshold percent in any of the tests under such regulations for determining if business activities constitute significant domestic business activities for purposes of this paragraph4 4 7b7 ,conforming amendments 7#a7 ,clause 7i7 of section #ghgd7;a77#b77;,b7 of such ,code is amended by striking after ,march #d1 #bjjc1 and inserting after ,march #d1 #bjjc1 and before ,may #i1 #bjad14 7#b7 ,subsection 7c7 of section #ghgd of such ,code is amended-- 7,a7 in paragraph 7#b7-- 7i7 by striking subsection 7a77#b77;,b77ii7 and inserting subsections 7a77#b77;,b77ii7 and 7b77#b77;,b77i71 and 7ii7 by inserting or 7b77#b77;,a7 after 7a77#b77;,b77i7 in subparagraph 7,b71 7,b7 in paragraph 7#c71 by inserting or 7b77#b77;,b77i71 as the case may be1 after 7a77#b77;,b77ii71 7,c7 in paragraph 7#e71 by striking subsection 7a77#b77;,b77ii7 and inserting subsections 7a77#b77;,b77ii7 and 7b77#b77;,b77i71 and 7,d7 in paragraph 7#f71 by inserting or inverted domestic corporation1 as the case may be1 after surrogate foreign corporation4 7c7 ,effective date ,the amendments made by this section shall apply to taxable years ending after ,may #h1 #bjad4 ,f ,miscellaneous provisions #aea4 ,credit for hiring unemployed certified adversely affected workers 7a7 ,inclusion in work opportunity credit ,paragraph 7#a7 of section #ea7;d7 of the ,internal ,revenue ,code of #aihf is amended by striking or at the end of subparagraph 7,h71 by striking the period at the end of subparagraph 7,i7 and inserting 1 or1 and by adding at the end the following new subparagraph3 7,j7 a qualified adversely affected energy industry unemployed worker4 4 7b7 ,definition of qualified adversely affected energy industry unemployed worker ,subsection 7d7 of section #ea of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new paragraph3 7#ae7 ,qualified adversely affected energy industry unemployed worker ,the term qualified adversely affected energy industry unemployed worker means any individual who-- 7,a7 is a certified adversely affected worker under section #b of the ,clean ,energy ,worker ,just ,transition ,act and whose status as such has not been terminated before the date the individual begins work for the employer1 7,b7 is certified by the designated local agency as-- 7i7 having aggregate periods of unemployment during the #a-year period ending on the hiring date which equal or exceed #d weeks 7but less than #f months71 or 7ii7 having aggregate periods of unemployment during the #a-year period ending on the hiring date which equal or exceed #f months4 4 7c7 ,increased credit amount for long-,term unemployed workers ,section #ea7;b77#c7 of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 by striking and before #bd1jjj1 and 7#b7 by inserting 1 and #ad1jjj per year in the case of any individual who is a qualified adversely affected energy industry unemployed worker by reason of subsection 7d77#ae77;,b77ii7 after subsection 7d77#c77;,a77ii77,,ii74 7d7 ,credit limited to individuals hired for comparable occupation ,subsection 7b7 of section #ea of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new paragraph3 7#d7 ,special rule for qualified adversely affected energy industry unemployed workers ,the term qualified wages shall not include any wages paid to qualified adversely affected energy industry unemployed worker unless the position for which such worker is hired for is a comparable occupation as determined under section #aab of the ,clean ,energy ,worker ,just ,transition ,act4 4 7e7 ,termination provision not ,to apply ,paragraph 7#d7 of section #ea7;c7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new sentence3 ,the preceding sentence shall not apply with respect to amounts paid or incurred to qualified adversely affected energy industry unemployed workers44 7f7 ,effective date ,the amendments made by this section shall apply to individuals who begin work for the employer after ,december #ca1 #bjae4 #aeb4 ,enforcement 7a7 ,violations ,it shall be a violation of this title to for any person to-- 7#a7 make a false statement of a material fact knowing it to be false1 or knowingly fail to disclose a material fact1 for the purpose of obtaining or increasing for that person or for any other person any payment authorized to be furnished under this title2 or 7#b7 make a false statement of a material fact knowing it to be false1 or knowingly fail to disclose a material fact1 when providing information to the ,secretary during an investigation of a petition under section #aja4 7b7 ,penalties ,any person who commits a violation under subsection 7a7 shall be imprisoned for not more than #a year1 fined under title #ah1 ,united ,states ,code1 or both4 #aec4 ,benefit information to workers 7a7 ,general information ,the ,secretary shall provide-- 7#a7 full information to workers about-- 7,a7 the adjustment assistance available under this title2 and 7,b7 the petition and application procedures1 and the appropriate filing dates1 for such adjustment assistance2 7#b7 whatever assistance is necessary to enable groups of workers to prepare petitions or applications for such adjustment assistance2 7#c7 the applicable eligible agency1 as defined in section #c of the ,carl ,d4 ,perkins ,career and ,technical ,education ,act of #bjjf 7#bj ,u4,s4,c4 #bcjb71 or any equivalent agency1 and public or private agencies1 institutions1 and employers1 as appropriate1 with information of each certification issued under section #ajc and of projections1 if available1 of the needs for training under section #acb as a result of such certification2 and 7#d7 labor organizations and other community organizations with funding from the ,trust ,fund established under section #ada1 to conduct community outreach to educate adversely affected workers about such adjustment assistance4 7b7 ,written notice to individuals ,the ,secretary shall provide written notice through the mail of the adjustment assistance available under this title to each worker whom the ,secretary has reason to believe is covered by a certification under section #ajc-- 7#a7 at the time such certification is made1 if the worker was partially or totally separated1 or threatened to become totally or partially separated1 from the adversely affected employment before such certification1 or 7#b7 at the time of the total or partial separation1 or threatened total or partial separation1 of the worker from the adversely affected employment1 if paragraph 7#a7 does not apply4 7c7 ,published notice ,the ,secretary shall publish notice of the adjustment assistance available under this title to workers covered by each certification issued under section #ajc in newspapers of general circulation in the areas in which such workers reside4 7d7 ,notification to ,department of ,commerce ,not later than #fj days after the date of enactment of this ,act1 and each year thereafter1 the ,secretary shall prepare and submit a report to the ,department of ,commerce on the geographic location and sector implicated by each certification issued under section #ajc4 #aed4 ,amendment to ,surface ,mining ,control and ,reclamation ,act of #aigg ,section #djb7;i77#b7 of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abcb7;i77#b77 is amended-- 7#a7 by striking ,subject to and inserting the following3 7,a7 ,in general ,subject to 2 and 7#b7 by adding at the end the following3 7,b7 ,excess amounts 7i7 ,in general ,subject to paragraph 7#c71 and after all transfers referred to in subparagraph 7,a7 and paragraph 7#a7 have been made1 any amounts remaining after the application of paragraph 7#c77;,a7 7without regard to this subparagraph7 shall be transferred to the trustees of the #aigd ,,umwa ,pension ,plan and used solely to pay pension benefits required under such plan4 7ii7 #aigd ,,umwa ,pension ,plan ,for purposes of this subparagraph1 the term #aigd ,,umwa ,pension ,plan means a pension plan referred to in section #igja7;a77#c7 of the ,internal ,revenue ,code of #aihf but without regard to whether participation in such plan is limited to individuals who retired in #aigf and thereafter4 4 #aee4 ,regulations ,the ,secretary shall promulgate regulations to carry out this title4 ,,ii ,workplace ,democracy ,act #bja4 ,short title ,this title may be cited as the ,workplace ,democracy for a ,clean ,energy ,future4 #bjb4 ,streamlining certification for labor organizations 7a7 ,in general ,section #i7;c7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aei7;c77 is amended by adding at the end the following3 7#f7 ,notwithstanding any other provision of this section1 whenever a petition shall have been filed by an employee or group of employees or any individual or labor organization acting in their behalf alleging that a majority of employees in a unit appropriate for the purposes of collective bargaining wish to be represented by an individual or labor organization for such purposes1 the ,board shall investigate the petition4 ,if the ,board finds that a majority of the employees in a unit appropriate for bargaining has signed valid authorizations designating the individual or labor organization specified in the petition as their bargaining representative and that no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit1 the ,board shall not direct an election but shall certify the individual or labor organization as the representative described in subsection 7a74 7#g7 ,the ,board shall develop guidelines and procedures for the designation by employees of a bargaining representative in the manner described in paragraph 7#f74 ,such guidelines and procedures shall include-- 7,a7 model collective bargaining authorization language that may be used for purposes of making the designations described in paragraph 7#f72 and 7,b7 procedures to be used by the ,board to establish the validity of signed authorizations designating bargaining representatives4 4 7b7 ,conforming amendments 7#a7 ,national ,labor ,relations ,board ,section #c7;b7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aec7;b77 is amended1 in the second sentence-- 7,a7 by striking and to and inserting to2 and 7,b7 by striking and certify the results thereof1 and inserting 1 and to issue certifications as provided for in that section14 7#b7 ,unfair labor practices ,section #h7;b7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeh7;b77 is amended-- 7,a7 in paragraph 7#g77;,b7 by striking 1 or and inserting or a petition has been filed under section #i7;c77#f71 or2 and 7,b7 in paragraph 7#g77;,c7 by striking when such a petition has been filed and inserting when such a petition other than a petition under section #i7;c77#f7 has been filed4 #bjc4 ,facilitating initial collective bargaining agreements ,section #h of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeh7 is amended by adding at the end the following3 7h7 ,whenever collective bargaining is for the purpose of establishing an initial agreement following certification or recognition1 the provisions of subsection 7d7 shall be modified as follows3 7#a7 ,not later than #aj days after receiving a written request for collective bargaining from an individual or labor organization that has been newly organized or certified as a representative as defined in section #i7;a71 or within such further period as the parties agree upon1 the parties shall meet and commence to bargain collectively and shall make every reasonable effort to conclude and sign a collective bargaining agreement4 7#b7 ,if after the expiration of the #ij-;day period beginning on the date on which bargaining is commenced1 or such additional period as the parties may agree upon1 the parties have failed to reach an agreement1 either party may notify the ,federal ,mediation and ,conciliation ,service of the existence of a dispute and request mediation4 ,whenever such a request is received1 it shall be the duty of the ,service promptly to put itself in communication with the parties and to use its best efforts1 by mediation and conciliation1 to bring them to agreement4 7#c7 ,if after the expiration of the #cj-;day period beginning on the date on which the request for mediation is made under paragraph 7#b71 or such additional period as the parties may agree upon1 the ,service is not able to bring the parties to agreement by conciliation1 the ,service shall refer the dispute to an arbitration board established in accordance with such regulations as may be prescribed by the ,service4 ,the arbitration panel shall render a decision settling the dispute and such decision shall be binding upon the parties for a period of #b years1 unless amended during such period by written consent of the parties4 4 ,,iii ,community need-based economic transition assistance program #cja4 ,community need-based economic transition assistance program 7a7 ,eligible county defined ,in this title1 the term eligible county means a county or an ,indian tribe 7as that term is defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b77 eligible for assistance under this title-- 7#a7 in which not less than #ce certified adversely affected workers reside2 and 7#b7 that is certified by the ,secretary under subsection 7b74 7b7 ,certification ,the ,secretary shall certify an eligible county not later than #bj days after the date on which the ,secretary determines that at least #ce workers residing in the county are certified adversely affected workers4 7c7 ,notification ,after the ,secretary certifies a county as an eligible county under this section1 the ,secretary shall provide notice of the certification-- 7#a7 to the county government2 or 7#b7 if the county does not have a county government1 to the most localized relevant regional or ,state government4 7d7 ,application ,after the date on which the ,secretary certifies a county under this section1 the county may apply for a grant under each of subsections 7a7 through 7c7 of section #cjb and each of subsections 7a7 through 7e7 of section #cjc4 #cjb4 ,economic development grant programs 7a7 ,appalachian regional commission 7#a7 ,in general ,the ,appalachian ,regional ,commission established by section #adcja7;a7 of title #dj1 ,united ,states ,code 7referred to in this subsection as the ,commission71 shall award grants to eligible counties to support economic development planning and implementation activities in those counties1 including-- 7,a7 developing entrepreneurial ecosystems2 7,b7 facilitating access to capital investments and new markets2 and 7,c7 addressing barriers relating to adequate water1 sewer1 and telecommunications infrastructure4 7#b7 ,regulations2 guidance ,in carrying out this subsection1 the ,commission may issue such regulations and guidance to carry out this subsection as the ,commission determines to be necessary4 7#c7 ,authorization of appropriations ,there is authorized to be appropriated to the ,commission to carry out this subsection #dj1jjj1jjj for each of fiscal years #bjaf through #bjbe4 7b7 ,economic ,development ,administration 7#a7 ,in general ,the ,assistant ,secretary of ,commerce for ,economic ,development 7referred to in this subsection as the ,assistant ,secretary7 shall-- 7,a7 advance and coordinate regional place-based innovation efforts for the ,federal ,government2 and 7,b7 provide planning and coordination assistance to eligible counties and other ,federal agencies to assist in economic development activities under this title4 7#b7 ,regulations2 guidance ,in carrying out this subsection1 the ,assistant ,secretary may issue such regulations and guidance to carry out this subsection as the ,assistant ,secretary determines to be necessary4 7#c7 ,authorization of appropriations ,there is authorized to be appropriated to the ,assistant ,secretary to carry out this subsection #aj1jjj1jjj for each of fiscal years #bjaf through #bjbe4 7c7 ,new development and jobs in abandoned mine land communities 7#a7 ,in general ,the ,director of the ,office of ,surface ,mining ,reclamation and ,enforcement 7referred to in this subsection as the ,director7 shall award grants to eligible counties for activities relating to the reclamation of abandoned coal mine land sites and associated polluted waters4 7#b7 ,purpose ,the purpose of the grant program under this subsection is to promote sustainable redevelopment in eligible counties4 7#c7 ,selection ,the ,director shall award grants based on economic factors1 including-- 7,a7 the unemployment rate in the eligible county2 7,b7 the amount and severity of problems in the eligible county relating to abandoned coal mine land and water problems2 and 7,c7 whether1 in the determination of the ,director1 reclamation activities to promote economic development would assist the eligible county4 7#d7 ,regulations2 procedures ,in consultation with ,states1 ,indian tribes 7as that term is defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b771 and other stakeholders1 the ,director may issue such regulations and guidance to carry out this subsection as the ,director determines to be necessary4 7#e7 ,authorization of appropriations ,there is authorized to be appropriated to the ,director to carry out this subsection #bej1jjj1jjj for each of fiscal years #bjaf through #bjbe4 #cjc4 ,need-based water1 broadband1 and electric grid infrastructure investment program 7a7 ,state drinking water treatment revolving loan funds ,the ,administrator of the ,environmental ,protection ,agency shall award to eligible counties capitalization grants for the purpose of establishing a drinking water treatment revolving loan fund under section #adeb7;a7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7;a774 7b7 ,water infrastructure finance and innovation ,the ,administrator of the ,environmental ,protection ,agency shall provide to eligible counties long-term1 low-interest loans for large water infrastructure projects that are not eligible for funding from a ,state revolving loan fund1 in accordance with the ,water ,infrastructure ,finance and ,innovation ,act of #bjad 7#cc ,u4,s4,c4 #cija et seq474 7c7 ,broadband initiatives program ,the ,secretary of ,agriculture shall provide to eligible counties loans and loan guarantees under the broadband initiatives program established under title ,,vi of the ,rural ,electrification ,act of #aicf 7#g ,u4,s4,c4 #iej;bb et seq47 to expand the access to1 and quality of1 broadband service across the rural ,united ,states4 7d7 ,broadband technology opportunities program ,the ,assistant ,secretary of ,commerce for ,communications and ,information shall award to eligible counties grants for purposes of the ,broadband ,technology ,opportunities ,program established under section #fjja7;a7 of the ,american ,recovery and ,reinvestment ,act of #bjji 7#dg ,u4,s4,c4 #acje7;a771 including providing access to1 and improving1 broadband service to underserved areas of the ,united ,states4 7e7 ,electric grid infrastructure ,the ,secretary of ,energy shall award to eligible counties grants for expenses necessary for-- 7#a7 electricity delivery and energy reliability activities to modernize the electric grid1 including activities relating to-- 7,a7 demand-responsive equipment2 7,b7 enhanced security and reliability of energy infrastructure2 7,c7 energy storage research1 development1 demonstration1 and deployment2 7,d7 facilitating recovery from disruptions to the energy supply2 and 7,e7 high-voltage transmission lines to bring utility-scale hydro1 wind1 solar1 and geothermal generation to demand centers2 and 7#b7 implementation of the programs authorized under title ,,xiii of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agcha et seq474 7f7 ,grant and loan selection and management 7#a7 ,in general ,in carrying out this section1 the ,secretary of the ,treasury1 in consultation with the ,assistant ,secretary of ,commerce for ,economic ,development and ,state and local workforce development boards established under sections #aja and #ajg of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caaa1 #cabb71 shall determine the percentage of funds made available to allocate to each agency carrying out a loan or grant program under subsections 7a7 through 7e74 7#b7 ,selection ,to the maximum extent practicable1 in selecting grant and loan applicants under this section1 the heads of the agencies carrying out the grant and loan programs shall consult and coordinate with the ,assistant ,secretary of ,commerce for ,economic ,development4 7g7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #g1jjj1jjj1jjj for the period of fiscal years #bjaf through #bjbe4