,i #aagth ,,congress #ast ,session ,h4 ,r4 #ehba ,,in ,,the ,,house ,,of ,,representatives ,november #b1 #bjba,mr4 ,levin of ,michigan 7for himself1 ,mr4 ,tonko1 ,mr4 ,garca of ,illinois1 ,mr4 ,raskin1 ,mr4 ,mc,govern1 ,ms4 ,newman1 ,mr4 ,courtney1 ,mr4 ,casten1 ,mr4 ,bowman1 ,mr4 ,lowenthal1 ,ms4 ,castor of ,florida1 ,ms4 ,bonamici1 ,mr4 ,garamendi1 ,ms4 ,barragn1 ,ms4 ,blunt ,rochester1 and ,mr4 ,de,saulnier7 introduced the following bill2 which was referred to the ,committee on ,education and ,labor1 and in addition to the ,committee on ,ways and ,means1 for a period to be subsequently determined by the ,speaker1 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 economy4 #a4 ,short title ,this ,act may be cited as the ,american ,energy ,worker ,opportunity ,act of #bjba4 #b4 ,office of ,american ,energy ,workers 7a7 ,establishment of office ,not later than #fj days after the date of enactment of this ,act1 there shall be established within the ,department of the ,treasury an office to be known as the ,office of ,american ,energy ,workers4 ,the ,office of ,american ,energy ,workers shall be headed by an ,assistant ,secretary who shall be appointed by the ,secretary of the ,treasury 7referred to in this section as the ,secretary74 7b7 ,responsibilities of ,assistant ,secretary ,the ,secretary1 acting through the ,assistant ,secretary1 shall be responsible for-- 7#a7 hiring personnel and making employment decisions with regard to such personnel2 7#b7 issuing such regulations as may be necessary to carry out the purposes of this section2 7#c7 entering into cooperative agreements with other agencies and departments to ensure the efficiency of the administration of this section2 7#d7 determining eligibility for benefits provided under this section and providing such benefits to qualified individuals2 7#e7 preventing fraud and abuse relating to such benefits2 7#f7 establishing and maintaining a system of records relating to the administration of this section2 7#g7 ensuring that the ,office of ,american ,energy ,workers is designed a manner that maximizes efficiency and ease of use by qualified individuals1 which may include establishment and deployment of mobile field or satellite offices within eligible counties 7as defined by the ,secretary72 7#h7 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 individuals2 and 7#i7 administering the programs established under this section4 7c7 ,authorization of appropriations ,beginning in fiscal year #bjbb and in each fiscal year thereafter1 there is authorized to be appropriated1 out of moneys in the ,treasury not otherwise appropriated1 such sums as may be necessary to administer the office established under subsection 7a74 7d7 ,administration 7#a7 ,notification 7,a7 ,in general ,not later than the date that is #ij days before the date of the closure of a coal mine or fossil-fuel intensive plant1 the operator of such mine or plant shall provide notice to the ,secretary with respect to such closure1 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 section1 as well as the amount of such benefits4 7,b7 ,compliance ,in determining compliance with the notification requirement of subparagraph 7,a71 the ,secretary shall confirm the compliance1 as applicable1 of the coal mine or fossil-fuel intensive plant with the notification requirements of the ,worker ,adjustment and ,retraining ,notification ,act 7#bi ,u4,s4,c4 #baja et seq47 through communication with the ,secretary of ,labor and1 as appropriate1 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 occur4 7#b7 ,closure ,for purposes of this section1 the term closure means-- 7,a7 with respect to any coal mine1 any reduction in production occurring after the date of enactment of this ,act which is accompanied by permanent layoffs2 and 7,b7 with respect to any fossil-fuel intensive plant1 the permanent closure of one or more generating units occurring after the date of enactment of this ,act which is accompanied by permanent layoffs4 7#c7 ,fossil-fuel intensive plant ,for purposes of this section-- 7,a7 ,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-- 7i7 the generation of energy or electric power2 or 7ii7 the production of fuels4 7,b7 ,oil refineries ,the term fossil-fuel intensive plant shall include oil refineries4 7#d7 ,qualified individual 7,a7 ,in general ,for purposes of this section1 the term qualified individual means-- 7i7 any individual-- 7,i7 whose employment was terminated as the result of the closure of a coal mine or a fossil-fuel intensive plant2 7,,ii7 who1 prior to such closure1 was continually employed at such mine or plant-- 7aa7 for a period of not less than #ab months2 and 7bb7 for an average of not less than #cj hours a week during the #ab-month period preceding such closure2 and 7,,iii7 for whom the applicable information has been provided to the ,secretary pursuant to paragraph 7#a72 and 7ii7 any individual who has been determined1 pursuant to subparagraph 7,c71 to be a fossil-fuel dependent worker4 7,b7 ,railroad and allied industries workers ,pursuant to regulations issued by the ,secretary1 the term qualified individual shall include any individual-- 7i7 whose employment as a railroad worker1 or whose employment involves coal transportation1 maintenance1 and supply1 was terminated2 7ii7 whose income during the #ab-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 7as determined by the ,secretary1 in coordination with the ,secretary of ,labor72 and 7iii7 who has applied for benefits provided under this section and has provided the ,secretary with such information as determined appropriate by the ,secretary4 7,c7 ,fossil-fuel dependent worker ,for purposes of subparagraph 7,a77ii71 the term fossil-fuel dependent worker means an individual who1 as determined by the ,secretary 7in coordination with the ,secretary of ,labor and the ,secretary of ,energy71 is-- 7i7 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 #c-year-period2 and 7ii7 eligible for benefits provided under this section based on need4 7e7 ,wage replacement 7#a7 ,in general 7,a7 ,payment ,in the case of any qualified individual1 during the applicable period1 the ,secretary shall provide such individual with payments in an amount which1 for each month during such period1 is equal to-- 7i7 the average amount of monthly remuneration for employment paid to such individual during the #ab-month period prior to the termination of their employment 7as described in subsection 7d77#d772 minus 7ii7 an amount equal to the sum of-- 7,i7 except as provided under paragraph 7#e77;,b71 any wages 7as defined in section #caba7;a77 received by such individual with respect to employment 7as defined in section #caba7;b77 during such month2 7,,ii7 any payments made to such individual pursuant to a ,federal benefit program during such month2 plus 7,,iii7 any unemployment compensation 7as defined in section #he7;b7 of the ,internal ,revenue ,code of #aihf7 during such month4 7,b7 ,notification ,during the applicable period1 a qualified individual shall notify the ,secretary with respect to any wages1 payments1 or compensation described in subparagraph 7,a77ii74 7,c7 ,compliance 7i7 ,in general ,notwithstanding section #fajc of the ,internal ,revenue ,code of #aihf1 with respect to any qualified individual who receives a payment under this subsection for any month1 if the ,secretary determines that such individual failed to comply with the requirement under subparagraph 7,b7 with respect to such month1 such individual shall be subject to a penalty in an amount equal to the lesser of-- 7,i7 the amount of such payment for such month2 or 7,,ii7 the amount determined under subparagraph 7,a77ii7 with respect to such month4 7ii7 ,no additional payments 7,i7 ,in general ,no payment shall be allowed under this subsection for any month during the disallowance period4 7,,ii7 ,disallowance period ,for purposes of subclause 7,i71 the disallowance period shall be any month during the applicable period beginning prior to the date on which an individual described in clause 7i7 has made full payment with respect to any penalty imposed under such clause4 7#b7 ,applicable period ,for purposes of this subsection1 the term applicable period means1 with respect to any qualified individual1 the #fj-month period subsequent to the termination of their employment 7as described in subsection 7d77#d774 7#c7 ,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 period4 7#d7 ,adjustment for inflation ,for purposes of any payment described in paragraph 7#a7 which is provided to a qualified individual during a calendar year beginning after the date that the employment of such individual was terminated1 such amount shall be adjusted in a manner similar to the cost-of-living adjustment determined under section #a7;f77#c7 of the ,internal ,revenue ,code of #aihf for such calendar year4 7#e7 ,tax treatment ,any amount provided to a qualified individual under this subsection shall be treated as-- 7,a7 gross income for purposes of the ,internal ,revenue ,code of #aihf2 and 7,b7 for purposes of section #caja of such ,code1 wages received by the individual with respect to employment4 7f7 ,health insurance benefits 7#a7 ,in general ,the ,secretary shall provide the following health insurance benefits3 7,a7 ,in the case of a qualified individual who is receiving continuation coverage pursuant to part #f of subtitle ,b of title ,i of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aafa et seq47 and section #dihj;,b of the ,internal ,revenue ,code of #aihf1 the ,secretary shall transfer1 each month1 to the group health plan 7or health insurance issuer offering health insurance coverage in connection with such a plan7 of such qualified individual1 the amount required to cover the same percentage of the qualified individual's monthly premium 7including coverage for any qualified beneficiaries7 that such individual's former employer contributed toward such premium during the individual's employment4 7,b7 ,in the case of a qualified individual who is not eligible for continuation coverage as described in subparagraph 7,a71 the ,secretary shall transfer to the qualified individual1 each month1 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 7including any health insurance coverage offered in connection with such a plan71 adjusted in accordance with the average increase in health insurance premiums for plans offered at the gold level of coverage 7as described in section #acjb7;d77#a7 of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjbb7;d77#a777 in the individual market in the applicable ,state4 ,this amount shall not be considered as gross income for purposes of the ,internal ,revenue ,code of #aihf provided that the individual provides proof that it has been used to purchase health insurance coverage that qualifies as minimum essential coverage 7as defined in section #ejjj;,a7f7 of the ,internal ,revenue ,code of #aihf74 7#b7 ,reduction of premiums payable by individuals ,in the case of a qualified individual and qualified beneficiaries receiving benefits described in paragraph 7#a77;,a7 during the applicable period of coverage described in paragraph 7#c77;,a71 such individual and beneficiaries shall be treated for purposes of part #f of subtitle ,b of title ,i of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aafa et seq47 and section #dihj;,b of the ,internal ,revenue ,code of #aihf 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 due1 less the amount of benefits paid on behalf of such individual and beneficiaries pursuant to paragraph 7#a77;,a74 7#c7 ,period of coverage with respect to ,,cobra continuation coverage ,for purposes of this subsection1 the following shall apply3 7,a7 ,in general ,subject to subparagraph 7,b71 with respect to a qualified individual or qualified beneficiary who is receiving continuation coverage pursuant to part #f of subtitle ,b of title ,i of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aafa et seq47 and #dihj;,b of the ,internal ,revenue ,code of #aihf1 the period of coverage described in section #fjb7b7 of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aafb7b77 and section #dihj;,b7f77#b77;,b7 of the ,internal ,revenue ,code of #aihf is deemed to extend to the date which is #e years after termination of the qualified individual's employment4 7,b7 ,end of plan ,with respect to a qualified individual and qualified beneficiaries described in subparagraph 7,a71 if the employer ceases to provide any group health plan to any employee before the period of coverage described in such subparagraph ends1 or if the qualified individual and qualified beneficiaries become ineligible for continuation coverage 7other than for reasons described in paragraph 7#d77;,a77ii771 such qualified individual and qualified beneficiaries shall be eligible for benefits described in paragraph 7#a77;,b74 7#d7 ,duration of benefits 7,a7 ,benefits with respect to ,,cobra continuation coverage ,the benefits described in paragraph 7#a77;,a7 shall continue until the earlier of-- 7i7 the date that is #e years after closure of a coal mine or fossil-fuel intensive plant2 or 7ii7 the date on which the qualified individual or qualified beneficiary becomes ineligible for continuation coverage pursuant to subparagraph 7,c7 or 7,d77ii7 of section #fjb7b7 of ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aafb7b77 or clause 7iii7 or 7iv7 of section #dihj;,b7f77#b77;,b7 of the ,internal ,revenue ,code of #aihf4 7,b7 ,other benefits ,the benefits described in paragraph 7#a77;,b7 shall continue until the date that is #e years after closure of a coal mine or fossil-fuel intensive plant4 7,c7 ,special rule ,with respect to a qualified individual and qualified beneficiaries1 section #fjb7b77;,c7 of the ,employee ,retirement ,income ,security ,act of #aigd and section #dihj;,b7f77#b77;,b77iii7 of the ,internal ,revenue ,code of #aihf shall apply only if1 with respect to such individual and beneficiaries1 at least #b consecutive premium payments are not made4 7#e7 ,outreach ,the ,secretary of ,labor1 in consultation with the ,secretary of the ,treasury and the ,secretary of ,health and ,human ,services1 shall provide outreach consisting of public education and enrollment assistance relating to premium assistance provided under this subsection1 that targets employers1 group health plan administrators1 public assistance programs1 ,states1 health insurance issuers1 and other entities as determined appropriate by such ,secretaries4 ,such outreach shall initially focus on individuals electing ,,cobra continuation coverage4 ,information on premium assistance1 including enrollment1 shall be made available on the websites of the ,departments of ,labor1 ,treasury1 and ,health and ,human ,services4 7#f7 ,definitions ,in this subsection-- 7,a7 the terms group health plan1 health insurance coverage1 and health insurance issuer have the meanings given such terms in section #gcc of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aaia;b72 and 7,b7 the term qualified beneficiary has the meaning given such term in section #fjg7c77;,a7 of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #aafg7c77;,a774 7g7 ,retirement savings contributions 7#a7 ,in general ,in the case of a qualified individual1 the ,secretary shall pay to such individual amounts equal to the amount of employer contributions 7other than elective deferrals7 which were made to a qualified retirement plan 7as defined in section #digd7;c7 of the ,internal ,revenue ,code of #aihf7 of the individual as of the last month the individual was employed by the employer4 ,such payments shall be made on the same schedule as employer contributions under the plan4 7#b7 ,tax treatment of contributions ,if the qualified individual demonstrates that the payments made under paragraph 7#a7 are contributed to a qualified retirement plan 7as so defined7 of the individual1 such payments shall be treated for purposes of the ,internal ,revenue ,code of #aihf as if they had been made as employer contributions4 7h7 ,educational benefits 7#a7 ,definitions ,in this subsection3 7,a7 ,child ,the term child means1 with respect to any qualified individual1 a son or daughter of such individual4 7,b7 ,public1 in-,state institution or vocational school ,the term public1 in-,state institution or vocational school means a public institution of higher education 7as defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a7771 or a public vocational school1 of the ,state in which the qualified individual or child resides4 7#b7 ,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 #cc of title #ch1 ,united ,states ,code1 except that-- 7,a7 a qualified individual1 and each child of a qualified individual1 may receive the educational assistance provided under the program2 and 7,b7 the educational assistance shall only be available for use-- 7i7 at a public1 in-,state institution or vocational school2 or 7ii7 for a program of training services included on the most recent list of eligible training programs issued under section #abb7;d7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caeb7;d77 by the ,governor of the ,state in which the qualified individual or child of a qualified individual resides4 7i7 ,priority for employment ,the ,secretary1 in coordination with the ,secretary of ,labor1 the ,secretary of ,commerce1 and the ,secretary of ,energy1 shall1 with respect to any clean energy grants which are made available after the date of enactment of this ,act1 give priority to employers that intend to hire qualified individuals4 7j7 ,effective date ,this section shall take effect on the date of the establishment of the ,office of ,american ,energy ,workers 7as described in subsection 7a774