American Energy Worker Opportunity Act of 2021
This bill establishes the Office of American Energy Workers in the Department of the Treasury to provide displaced coal workers with wage replacement, health care premiums, retirement savings contributions, and educational assistance. The bill also provides educational assistance for the children of displaced coal workers and provides an incentive for clean energy employers to hire displaced coal workers.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5821 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 5821
To provide additional benefits to American workers whose employment has
been impacted as a result of the transition to a clean energy economy.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 2, 2021
Mr. Levin of Michigan (for himself, Mr. Tonko, Mr. Garcia of Illinois,
Mr. Raskin, Mr. McGovern, Ms. Newman, Mr. Courtney, Mr. Casten, Mr.
Bowman, Mr. Lowenthal, Ms. Castor of Florida, Ms. Bonamici, Mr.
Garamendi, Ms. Barragan, Ms. Blunt Rochester, and Mr. DeSaulnier)
introduced the following bill; which was referred to the Committee on
Education and Labor, and in addition to the Committee on Ways and
Means, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide additional benefits to American workers whose employment has
been impacted as a result of the transition to a clean energy economy.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Energy Worker Opportunity
Act of 2021''.
SEC. 2. OFFICE OF AMERICAN ENERGY WORKERS.
(a) Establishment of Office.--Not later than 60 days after the date
of enactment of this Act, there shall be established within the
Department of the Treasury an office to be known as the Office of
American Energy Workers. The Office of American Energy Workers shall be
headed by an Assistant Secretary who shall be appointed by the
Secretary of the Treasury (referred to in this section as the
``Secretary'').
(b) Responsibilities of Assistant Secretary.--The Secretary, acting
through the Assistant Secretary, shall be responsible for--
(1) hiring personnel and making employment decisions with
regard to such personnel;
(2) issuing such regulations as may be necessary to carry
out the purposes of this section;
(3) entering into cooperative agreements with other
agencies and departments to ensure the efficiency of the
administration of this section;
(4) determining eligibility for benefits provided under
this section and providing such benefits to qualified
individuals;
(5) preventing fraud and abuse relating to such benefits;
(6) establishing and maintaining a system of records
relating to the administration of this section;
(7) ensuring that the Office of American Energy Workers is
designed a manner that maximizes efficiency and ease of use by
qualified individuals, which may include establishment and
deployment of mobile field or satellite offices within eligible
counties (as defined by the Secretary);
(8) consulting with the Secretary of Labor with respect to
the benefits provided under this section to avoid duplication
with other Federal programs to assist qualified individuals;
and
(9) administering the programs established under this
section.
(c) Authorization of Appropriations.--Beginning in fiscal year 2022
and in each fiscal year thereafter, there is authorized to be
appropriated, out of moneys in the Treasury not otherwise appropriated,
such sums as may be necessary to administer the office established
under subsection (a).
(d) Administration.--
(1) Notification.--
(A) In general.--Not later than the date that is 90
days before the date of the closure of a coal mine or
fossil-fuel intensive plant, the operator of such mine
or plant shall provide notice to the Secretary with
respect to such closure, including such information as
is determined necessary by the Secretary to determine
the eligibility of any former employee of such mine or
plant for any benefits provided under this section, as
well as the amount of such benefits.
(B) Compliance.--In determining compliance with the
notification requirement of subparagraph (A), the
Secretary shall confirm the compliance, as applicable,
of the coal mine or fossil-fuel intensive plant with
the notification requirements of the Worker Adjustment
and Retraining Notification Act (29 U.S.C. 2101 et
seq.) through communication with the Secretary of Labor
and, as appropriate, the State or the chief elected
official of the unit of local government within which
the closure of such coal mine or fossil-fuel intensive
plant is to occur.
(2) Closure.--For purposes of this section, the term
``closure'' means--
(A) with respect to any coal mine, any reduction in
production occurring after the date of enactment of
this Act which is accompanied by permanent layoffs; and
(B) with respect to any fossil-fuel intensive
plant, the permanent closure of one or more generating
units occurring after the date of enactment of this Act
which is accompanied by permanent layoffs.
(3) Fossil-fuel intensive plant.--For purposes of this
section--
(A) In general.--The term ``fossil-fuel intensive
plant'' means a fixed facility for which the primary
purpose is processing or utilization of fossil fuels
for--
(i) the generation of energy or electric
power; or
(ii) the production of fuels.
(B) Oil refineries.--The term ``fossil-fuel
intensive plant'' shall include oil refineries.
(4) Qualified individual.--
(A) In general.--For purposes of this section, the
term ``qualified individual'' means--
(i) any individual--
(I) whose employment was terminated
as the result of the closure of a coal
mine or a fossil-fuel intensive plant;
(II) who, prior to such closure,
was continually employed at such mine
or plant--
(aa) for a period of not
less than 12 months; and
(bb) for an average of not
less than 30 hours a week
during the 12-month period
preceding such closure; and
(III) for whom the applicable
information has been provided to the
Secretary pursuant to paragraph (1);
and
(ii) any individual who has been
determined, pursuant to subparagraph (C), to be
a fossil-fuel dependent worker.
(B) Railroad and allied industries workers.--
Pursuant to regulations issued by the Secretary, the
term ``qualified individual'' shall include any
individual--
(i) whose employment as a railroad worker,
or whose employment involves coal
transportation, maintenance, and supply, was
terminated;
(ii) whose income during the 12-month
period preceding the closure of a coal mine or
a fossil-fuel intensive plant has been
substantially dependent on the continued
operation of such mine or plant (as determined
by the Secretary, in coordination with the
Secretary of Labor); and
(iii) who has applied for benefits provided
under this section and has provided the
Secretary with such information as determined
appropriate by the Secretary.
(C) Fossil-fuel dependent worker.--For purposes of
subparagraph (A)(ii), the term ``fossil-fuel dependent
worker'' means an individual who, as determined by the
Secretary (in coordination with the Secretary of Labor
and the Secretary of Energy), is--
(i) employed in a fossil-fuel intensive
industry at a fixed facility or work site which
has been determined to be likely to close
within the following 3-year-period; and
(ii) eligible for benefits provided under
this section based on need.
(e) Wage Replacement.--
(1) In general.--
(A) Payment.--In the case of any qualified
individual, during the applicable period, the Secretary
shall provide such individual with payments in an
amount which, for each month during such period, is
equal to--
(i) the average amount of monthly
remuneration for employment paid to such
individual during the 12-month period prior to
the termination of their employment (as
described in subsection (d)(4)); minus
(ii) an amount equal to the sum of--
(I) except as provided under
paragraph (5)(B), any wages (as defined
in section 3121(a)) received by such
individual with respect to employment
(as defined in section 3121(b)) during
such month;
(II) any payments made to such
individual pursuant to a Federal
benefit program during such month; plus
(III) any unemployment compensation
(as defined in section 85(b) of the
Internal Revenue Code of 1986) during
such month.
(B) Notification.--During the applicable period, a
qualified individual shall notify the Secretary with
respect to any wages, payments, or compensation
described in subparagraph (A)(ii).
(C) Compliance.--
(i) In general.--Notwithstanding section
6103 of the Internal Revenue Code of 1986, with
respect to any qualified individual who
receives a payment under this subsection for
any month, if the Secretary determines that
such individual failed to comply with the
requirement under subparagraph (B) with respect
to such month, such individual shall be subject
to a penalty in an amount equal to the lesser
of--
(I) the amount of such payment for
such month; or
(II) the amount determined under
subparagraph (A)(ii) with respect to
such month.
(ii) No additional payments.--
(I) In general.--No payment shall
be allowed under this subsection for
any month during the disallowance
period.
(II) Disallowance period.--For
purposes of subclause (I), the
disallowance period shall be any month
during the applicable period beginning
prior to the date on which an
individual described in clause (i) has
made full payment with respect to any
penalty imposed under such clause.
(2) Applicable period.--For purposes of this subsection,
the term ``applicable period'' means, with respect to any
qualified individual, the 60-month period subsequent to the
termination of their employment (as described in subsection
(d)(4)).
(3) Frequency of payment.--Any payment required to be
provided to a qualified individual under this subsection shall
be provided by the Secretary on a basis which is not less
frequent than once per month during the applicable period.
(4) Adjustment for inflation.--For purposes of any payment
described in paragraph (1) which is provided to a qualified
individual during a calendar year beginning after the date that
the employment of such individual was terminated, such amount
shall be adjusted in a manner similar to the cost-of-living
adjustment determined under section 1(f)(3) of the Internal
Revenue Code of 1986 for such calendar year.
(5) Tax treatment.--Any amount provided to a qualified
individual under this subsection shall be treated as--
(A) gross income for purposes of the Internal
Revenue Code of 1986; and
(B) for purposes of section 3101 of such Code,
wages received by the individual with respect to
employment.
(f) Health Insurance Benefits.--
(1) In general.--The Secretary shall provide the following
health insurance benefits:
(A) In the case of a qualified individual who is
receiving continuation coverage pursuant to part 6 of
subtitle B of title I of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1161 et seq.) and
section 4980B of the Internal Revenue Code of 1986, the
Secretary shall transfer, each month, to the group
health plan (or health insurance issuer offering health
insurance coverage in connection with such a plan) of
such qualified individual, the amount required to cover
the same percentage of the qualified individual's
monthly premium (including coverage for any qualified
beneficiaries) that such individual's former employer
contributed toward such premium during the individual's
employment.
(B) In the case of a qualified individual who is
not eligible for continuation coverage as described in
subparagraph (A), the Secretary shall transfer to the
qualified individual, each month, an amount equal to
the amount that the individual's former employer
contributed each month towards premiums for enrollment
of the individual and qualified beneficiaries in a
group health plan (including any health insurance
coverage offered in connection with such a plan),
adjusted in accordance with the average increase in
health insurance premiums for plans offered at the gold
level of coverage (as described in section 1302(d)(1)
of the Patient Protection and Affordable Care Act (42
U.S.C. 18022(d)(1))) in the individual market in the
applicable State. This amount shall not be considered
as gross income for purposes of the Internal Revenue
Code of 1986 provided that the individual provides
proof that it has been used to purchase health
insurance coverage that qualifies as minimum essential
coverage (as defined in section 5000A(f) of the
Internal Revenue Code of 1986).
(2) Reduction of premiums payable by individuals.--In the
case of a qualified individual and qualified beneficiaries
receiving benefits described in paragraph (1)(A) during the
applicable period of coverage described in paragraph (3)(A),
such individual and beneficiaries shall be treated for purposes
of part 6 of subtitle B of title I of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1161 et seq.) and
section 4980B of the Internal Revenue Code of 1986 as having
paid in full the amount of such premium for a month if such
qualified individual and qualified beneficiary pays the total
monthly premium due, less the amount of benefits paid on behalf
of such individual and beneficiaries pursuant to paragraph
(1)(A).
(3) Period of coverage with respect to cobra continuation
coverage.--For purposes of this subsection, the following shall
apply:
(A) In general.--Subject to subparagraph (B), with
respect to a qualified individual or qualified
beneficiary who is receiving continuation coverage
pursuant to part 6 of subtitle B of title I of the
Employee Retirement Income Security Act of 1974 (29
U.S.C. 1161 et seq.) and 4980B of the Internal Revenue
Code of 1986, the period of coverage described in
section 602(2) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1162(2)) and section
4980B(f)(2)(B) of the Internal Revenue Code of 1986 is
deemed to extend to the date which is 5 years after
termination of the qualified individual's employment.
(B) End of plan.--With respect to a qualified
individual and qualified beneficiaries described in
subparagraph (A), if the employer ceases to provide any
group health plan to any employee before the period of
coverage described in such subparagraph ends, or if the
qualified individual and qualified beneficiaries become
ineligible for continuation coverage (other than for
reasons described in paragraph (4)(A)(ii)), such
qualified individual and qualified beneficiaries shall
be eligible for benefits described in paragraph (1)(B).
(4) Duration of benefits.--
(A) Benefits with respect to cobra continuation
coverage.--The benefits described in paragraph (1)(A)
shall continue until the earlier of--
(i) the date that is 5 years after closure
of a coal mine or fossil-fuel intensive plant;
or
(ii) the date on which the qualified
individual or qualified beneficiary becomes
ineligible for continuation coverage pursuant
to subparagraph (C) or (D)(ii) of section
602(2) of Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1162(2)) or clause (iii)
or (iv) of section 4980B(f)(2)(B) of the
Internal Revenue Code of 1986.
(B) Other benefits.--The benefits described in
paragraph (1)(B) shall continue until the date that is
5 years after closure of a coal mine or fossil-fuel
intensive plant.
(C) Special rule.--With respect to a qualified
individual and qualified beneficiaries, section
602(2)(C) of the Employee Retirement Income Security
Act of 1974 and section 4980B(f)(2)(B)(iii) of the
Internal Revenue Code of 1986 shall apply only if, with
respect to such individual and beneficiaries, at least
2 consecutive premium payments are not made.
(5) Outreach.--The Secretary of Labor, in consultation with
the Secretary of the Treasury and the Secretary of Health and
Human Services, shall provide outreach consisting of public
education and enrollment assistance relating to premium
assistance provided under this subsection, that targets
employers, group health plan administrators, public assistance
programs, States, health insurance issuers, and other entities
as determined appropriate by such Secretaries. Such outreach
shall initially focus on individuals electing COBRA
continuation coverage. Information on premium assistance,
including enrollment, shall be made available on the websites
of the Departments of Labor, Treasury, and Health and Human
Services.
(6) Definitions.--In this subsection--
(A) the terms ``group health plan'', ``health
insurance coverage'', and ``health insurance issuer''
have the meanings given such terms in section 733 of
the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1191b); and
(B) the term ``qualified beneficiary'' has the
meaning given such term in section 607(3)(A) of the
Employee Retirement Income Security Act of 1974 (29
U.S.C. 1167(3)(A)).
(g) Retirement Savings Contributions.--
(1) In general.--In the case of a qualified individual, the
Secretary shall pay to such individual amounts equal to the
amount of employer contributions (other than elective
deferrals) which were made to a qualified retirement plan (as
defined in section 4974(c) of the Internal Revenue Code of
1986) of the individual as of the last month the individual was
employed by the employer. Such payments shall be made on the
same schedule as employer contributions under the plan.
(2) Tax treatment of contributions.--If the qualified
individual demonstrates that the payments made under paragraph
(1) are contributed to a qualified retirement plan (as so
defined) of the individual, such payments shall be treated for
purposes of the Internal Revenue Code of 1986 as if they had
been made as employer contributions.
(h) Educational Benefits.--
(1) Definitions.--In this subsection:
(A) Child.--The term ``child'' means, with respect
to any qualified individual, a son or daughter of such
individual.
(B) Public, in-state institution or vocational
school.--The term ``public, in-State institution or
vocational school'' means a public institution of
higher education (as defined in section 101(a) of the
Higher Education Act of 1965 (20 U.S.C. 1001(a))), or a
public vocational school, of the State in which the
qualified individual or child resides.
(2) In general.--The Secretary of Education shall carry out
a program of educational assistance for any qualified
individual and child of a qualified individual that is
comparable to the program of education assistance administered
by the Secretary of Veterans Affairs under chapter 33 of title
38, United States Code, except that--
(A) a qualified individual, and each child of a
qualified individual, may receive the educational
assistance provided under the program; and
(B) the educational assistance shall only be
available for use--
(i) at a public, in-State institution or
vocational school; or
(ii) for a program of training services
included on the most recent list of eligible
training programs issued under section 122(d)
of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3152(d)) by the Governor of the
State in which the qualified individual or
child of a qualified individual resides.
(i) Priority for Employment.--The Secretary, in coordination with
the Secretary of Labor, the Secretary of Commerce, and the Secretary of
Energy, shall, with respect to any clean energy grants which are made
available after the date of enactment of this Act, give priority to
employers that intend to hire qualified individuals.
(j) Effective Date.--This section shall take effect on the date of
the establishment of the Office of American Energy Workers (as
described in subsection (a)).
<all>
Introduced in House
Introduced in House
Referred to the Committee on Education and Labor, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Education and Labor, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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