I 

118TH CONGRESS 

2D SESSION H. R. 9557 

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 

SEPTEMBER 12, 2024 

Mr. CASAR (for himself, Ms. BONAMICI, Ms. LEE of Pennsylvania, Mr. 

DESAULNIER, Mr. DELUZIO, Ms. BARRAGA ́N, Mr. TONKO, Mr. 

GOTTHEIMER, Mr. GARAMENDI, Ms. NORTON, Mr. ROBERT GARCIA of 

California, Ms. CASTOR of Florida, Mr. TAKANO, and Ms. ESCOBAR) introduced the following bill; which was referred to the Committee on Education and the Workforce, 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘American Energy 

5 Worker Opportunity Act of 2024’’. 


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1 SEC. 2. OFFICE OF AMERICAN ENERGY WORKERS. 

2 (a) ESTABLISHMENT OF OFFICE.—Not later than 60 

3 days after the date of enactment of this Act, there shall 

4 be established within the Department of the Treasury an 

5 office to be known as the Office of American Energy 

6 Workers. The Office of American Energy Workers shall 

7 be headed by an Assistant Secretary who shall be ap8 pointed by the Secretary of the Treasury (referred to in 

9 this section as the ‘‘Secretary’’). 

10 (b) RESPONSIBILITIES OF ASSISTANT SECRETARY.— 

11 The Secretary, acting through the Assistant Secretary, 

12 shall be responsible for— 

13 (1) hiring personnel and making employment 

14 decisions with regard to such personnel; 

15 (2) issuing such regulations as may be nec16 essary to carry out the purposes of this section; 

17 (3) entering into cooperative agreements with 

18 other agencies and departments to ensure the effi19 ciency of the administration of this section; 

20 (4) determining eligibility for benefits provided 

21 under this section and providing such benefits to 

22 qualified individuals; 

23 (5) preventing fraud and abuse relating to such 

24 benefits; 

25 (6) establishing and maintaining a system of 

26 records relating to the administration of this section; 


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1 (7) ensuring that the Office of American En2 ergy Workers is designed a manner that maximizes 

3 efficiency and ease of use by qualified individuals, 

4 which may include establishment and deployment of 

5 mobile field or satellite offices within eligible coun6 ties (as defined by the Secretary); 

7 (8) consulting with the Secretary of Labor with 

8 respect to the benefits provided under this section to 

9 avoid duplication with other Federal programs to as10 sist qualified individuals; and 

11 (9) administering the programs established 

12 under this section. 

13 (c) AUTHORIZATION OF APPROPRIATIONS.—Begin14 ning in fiscal year 2025 and in each fiscal year thereafter, 

15 there is authorized to be appropriated, out of moneys in 

16 the Treasury not otherwise appropriated, such sums as 

17 may be necessary to administer the office established 

18 under subsection (a). 

19 (d) ADMINISTRATION.— 

20 (1) NOTIFICATION.— 

21 (A) IN GENERAL.—Not later than the date 

22 that is 90 days before the date of the closure 

23 of a coal mine or fossil-fuel intensive plant, the 

24 operator of such mine or plant shall provide no25 tice to the Secretary with respect to such cloVerDate Sep 11 2014 21:33 Sep 17, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H9557.IH H9557

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1 sure, including such information as is deter2 mined necessary by the Secretary to determine 

3 the eligibility of any former employee of such 

4 mine or plant for any benefits provided under 

5 this section, as well as the amount of such ben6 efits. 

7 (B) COMPLIANCE.—In determining compli8 ance with the notification requirement of sub9 paragraph (A), the Secretary shall confirm the 

10 compliance, as applicable, of the coal mine or 

11 fossil-fuel intensive plant with the notification 

12 requirements of the Worker Adjustment and 

13 Retraining Notification Act (29 U.S.C. 2101 et 

14 seq.) through communication with the Secretary 

15 of Labor and, as appropriate, the State or the 

16 chief elected official of the unit of local govern17 ment within which the closure of such coal mine 

18 or fossil-fuel intensive plant is to occur. 

19 (2) CLOSURE.—For purposes of this section, 

20 the term ‘‘closure’’ means— 

21 (A) with respect to any coal mine, any re22 duction in production occurring after the date 

23 of enactment of this Act which is accompanied 

24 by permanent layoffs; and 


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1 (B) with respect to any fossil-fuel intensive 

2 plant, the permanent closure of one or more 

3 generating units occurring after the date of en4 actment of this Act which is accompanied by 

5 permanent layoffs. 

6 (3) FOSSIL-FUEL INTENSIVE PLANT.—For pur7 poses of this section— 

8 (A) IN GENERAL.—The term ‘‘fossil-fuel 

9 intensive plant’’ means a fixed facility for which 

10 the primary purpose is processing or utilization 

11 of fossil fuels for— 

12 (i) the generation of energy or electric 

13 power; or 

14 (ii) the production of fuels. 

15 (B) OIL REFINERIES.—The term ‘‘fossil16 fuel intensive plant’’ shall include oil refineries. 

17 (4) QUALIFIED INDIVIDUAL.— 

18 (A) IN GENERAL.—For purposes of this 

19 section, the term ‘‘qualified individual’’ 

20 means— 

21 (i) any individual— 

22 (I) whose employment was termi23 nated as the result of the closure of a 

24 coal mine or a fossil-fuel intensive 

25 plant; 


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1 (II) who, prior to such closure, 

2 was continually employed at such 

3 mine or plant— 

4 (aa) for a period of not less 

5 than 12 months; and 

6 (bb) for an average of not 

7 less than 30 hours a week during 

8 the 12-month period preceding 

9 such closure; and 

10 (III) for whom the applicable in11 formation has been provided to the 

12 Secretary pursuant to paragraph (1); 

13 and 

14 (ii) any individual who has been deter15 mined, pursuant to subparagraph (C), to 

16 be a fossil-fuel dependent worker. 

17 (B) RAILROAD AND ALLIED INDUSTRIES

18 WORKERS.—Pursuant to regulations issued by 

19 the Secretary, the term ‘‘qualified individual’’ 

20 shall include any individual— 

21 (i) whose employment as a railroad 

22 worker, or whose employment involves coal 

23 transportation, maintenance, and supply, 

24 was terminated; 


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1 (ii) whose income during the 12- 

2 month period preceding the closure of a 

3 coal mine or a fossil-fuel intensive plant 

4 has been substantially dependent on the 

5 continued operation of such mine or plant 

6 (as determined by the Secretary, in coordi7 nation with the Secretary of Labor); and 

8 (iii) who has applied for benefits pro9 vided under this section and has provided 

10 the Secretary with such information as de11 termined appropriate by the Secretary. 

12 (C) FOSSIL-FUEL DEPENDENT WORKER.— 

13 For purposes of subparagraph (A)(ii), the term 

14 ‘‘fossil-fuel dependent worker’’ means an indi15 vidual who, as determined by the Secretary (in 

16 coordination with the Secretary of Labor and 

17 the Secretary of Energy), is— 

18 (i) employed in a fossil-fuel intensive 

19 industry at a fixed facility or work site 

20 which has been determined to be likely to 

21 close within the following 3-year-period; 

22 and 

23 (ii) eligible for benefits provided under 

24 this section based on need. 

25 (e) WAGE REPLACEMENT.— 


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1 (1) IN GENERAL.— 

2 (A) PAYMENT.—In the case of any quali3 fied individual, during the applicable period, the 

4 Secretary shall provide such individual with 

5 payments in an amount which, for each month 

6 during such period, is equal to— 

7 (i) the average amount of monthly re8 muneration for employment paid to such 

9 individual during the 12-month period 

10 prior to the termination of their employ11 ment (as described in subsection (d)(4)); 

12 minus 

13 (ii) an amount equal to the sum of— 

14 (I) except as provided under 

15 paragraph (5)(B), any wages (as de16 fined in section 3121(a)) received by 

17 such individual with respect to em18 ployment (as defined in section 

19 3121(b)) during such month; 

20 (II) any payments made to such 

21 individual pursuant to a Federal ben22 efit program during such month; plus 

23 (III) any unemployment com24 pensation (as defined in section 85(b) 


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1 of the Internal Revenue Code of 

2 1986) during such month. 

3 (B) NOTIFICATION.—During the applicable 

4 period, a qualified individual shall notify the 

5 Secretary with respect to any wages, payments, 

6 or compensation described in subparagraph 

7 (A)(ii). 

8 (C) COMPLIANCE.— 

9 (i) IN GENERAL.—Notwithstanding 

10 section 6103 of the Internal Revenue Code 

11 of 1986, with respect to any qualified indi12 vidual who receives a payment under this 

13 subsection for any month, if the Secretary 

14 determines that such individual failed to 

15 comply with the requirement under sub16 paragraph (B) with respect to such month, 

17 such individual shall be subject to a pen18 alty in an amount equal to the lesser of— 

19 (I) the amount of such payment 

20 for such month; or 

21 (II) the amount determined 

22 under subparagraph (A)(ii) with re23 spect to such month. 

24 (ii) NO ADDITIONAL PAYMENTS.— 


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1 (I) IN GENERAL.—No payment 

2 shall be allowed under this subsection 

3 for any month during the disallowance 

4 period. 

5 (II) DISALLOWANCE PERIOD.— 

6 For purposes of subclause (I), the dis7 allowance period shall be any month 

8 during the applicable period beginning 

9 prior to the date on which an indi10 vidual described in clause (i) has 

11 made full payment with respect to any 

12 penalty imposed under such clause. 

13 (2) APPLICABLE PERIOD.—For purposes of this 

14 subsection, the term ‘‘applicable period’’ means, with 

15 respect to any qualified individual, the 60-month pe16 riod subsequent to the termination of their employ17 ment (as described in subsection (d)(4)). 

18 (3) FREQUENCY OF PAYMENT.—Any payment 

19 required to be provided to a qualified individual 

20 under this subsection shall be provided by the Sec21 retary on a basis which is not less frequent than 

22 once per month during the applicable period. 

23 (4) ADJUSTMENT FOR INFLATION.—For pur24 poses of any payment described in paragraph (1) 

25 which is provided to a qualified individual during a 


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1 calendar year beginning after the date that the em2 ployment of such individual was terminated, such 

3 amount shall be adjusted in a manner similar to the 

4 cost-of-living adjustment determined under section 

5 1(f)(3) of the Internal Revenue Code of 1986 for 

6 such calendar year. 

7 (5) TAX TREATMENT.—Any amount provided to 

8 a qualified individual under this subsection shall be 

9 treated as— 

10 (A) gross income for purposes of the Inter11 nal Revenue Code of 1986; and 

12 (B) for purposes of section 3101 of such 

13 Code, wages received by the individual with re14 spect to employment. 

15 (f) HEALTH INSURANCE BENEFITS.— 

16 (1) IN GENERAL.—The Secretary shall provide 

17 the following health insurance benefits: 

18 (A) In the case of a qualified individual 

19 who is receiving continuation coverage pursuant 

20 to part 6 of subtitle B of title I of the Em21 ployee Retirement Income Security Act of 1974 

22 (29 U.S.C. 1161 et seq.) and section 4980B of 

23 the Internal Revenue Code of 1986, the Sec24 retary shall transfer, each month, to the group 

25 health plan (or health insurance issuer offering 


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1 health insurance coverage in connection with 

2 such a plan) of such qualified individual, the 

3 amount required to cover the same percentage 

4 of the qualified individual’s monthly premium 

5 (including coverage for any qualified bene6 ficiaries) that such individual’s former employer 

7 contributed toward such premium during the 

8 individual’s employment. 

9 (B) In the case of a qualified individual 

10 who is not eligible for continuation coverage as 

11 described in subparagraph (A), the Secretary 

12 shall transfer to the qualified individual, each 

13 month, an amount equal to the amount that the 

14 individual’s former employer contributed each 

15 month towards premiums for enrollment of the 

16 individual and qualified beneficiaries in a group 

17 health plan (including any health insurance cov18 erage offered in connection with such a plan), 

19 adjusted in accordance with the average in20 crease in health insurance premiums for plans 

21 offered at the gold level of coverage (as de22 scribed in section 1302(d)(1) of the Patient 

23 Protection and Affordable Care Act (42 U.S.C. 

24 18022(d)(1))) in the individual market in the 

25 applicable State. This amount shall not be conVerDate Sep 11 2014 21:33 Sep 17, 2024 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H9557.IH H9557

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1 sidered as gross income for purposes of the In2 ternal Revenue Code of 1986 provided that the 

3 individual provides proof that it has been used 

4 to purchase health insurance coverage that 

5 qualifies as minimum essential coverage (as de6 fined in section 5000A(f) of the Internal Rev7 enue Code of 1986). 

8 (2) REDUCTION OF PREMIUMS PAYABLE BY IN9 DIVIDUALS.—In the case of a qualified individual 

10 and qualified beneficiaries receiving benefits de11 scribed in paragraph (1)(A) during the applicable 

12 period of coverage described in paragraph (3)(A), 

13 such individual and beneficiaries shall be treated for 

14 purposes of part 6 of subtitle B of title I of the Em15 ployee Retirement Income Security Act of 1974 (29 

16 U.S.C. 1161 et seq.) and section 4980B of the In17 ternal Revenue Code of 1986 as having paid in full 

18 the amount of such premium for a month if such 

19 qualified individual and qualified beneficiary pays 

20 the total monthly premium due, less the amount of 

21 benefits paid on behalf of such individual and bene22 ficiaries pursuant to paragraph (1)(A). 

23 (3) PERIOD OF COVERAGE WITH RESPECT TO

24 COBRA CONTINUATION COVERAGE.—For purposes of 

25 this subsection, the following shall apply: 


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1 (A) IN GENERAL.—Subject to subpara2 graph (B), with respect to a qualified individual 

3 or qualified beneficiary who is receiving con4 tinuation coverage pursuant to part 6 of sub5 title B of title I of the Employee Retirement In6 come Security Act of 1974 (29 U.S.C. 1161 et 

7 seq.) and 4980B of the Internal Revenue Code 

8 of 1986, the period of coverage described in sec9 tion 602(2) of the Employee Retirement Income 

10 Security Act of 1974 (29 U.S.C. 1162(2)) and 

11 section 4980B(f)(2)(B) of the Internal Revenue 

12 Code of 1986 is deemed to extend to the date 

13 which is 5 years after termination of the quali14 fied individual’s employment. 

15 (B) END OF PLAN.—With respect to a 

16 qualified individual and qualified beneficiaries 

17 described in subparagraph (A), if the employer 

18 ceases to provide any group health plan to any 

19 employee before the period of coverage de20 scribed in such subparagraph ends, or if the 

21 qualified individual and qualified beneficiaries 

22 become ineligible for continuation coverage 

23 (other than for reasons described in paragraph 

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1 fied beneficiaries shall be eligible for benefits 

2 described in paragraph (1)(B). 

3 (4) DURATION OF BENEFITS.— 

4 (A) BENEFITS WITH RESPECT TO COBRA

5 CONTINUATION COVERAGE.—The benefits de6 scribed in paragraph (1)(A) shall continue until 

7 the earlier of— 

8 (i) the date that is 5 years after clo9 sure of a coal mine or fossil-fuel intensive 

10 plant; or 

11 (ii) the date on which the qualified in12 dividual or qualified beneficiary becomes 

13 ineligible for continuation coverage pursu14 ant to subparagraph (C) or (D)(ii) of sec15 tion 602(2) of Employee Retirement In16 come Security Act of 1974 (29 U.S.C. 

17 1162(2)) or clause (iii) or (iv) of section 

18 4980B(f)(2)(B) of the Internal Revenue 

19 Code of 1986. 

20 (B) OTHER BENEFITS.—The benefits de21 scribed in paragraph (1)(B) shall continue until 

22 the date that is 5 years after closure of a coal 

23 mine or fossil-fuel intensive plant. 

24 (C) SPECIAL RULE.—With respect to a 

25 qualified individual and qualified beneficiaries, 


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1 section 602(2)(C) of the Employee Retirement 

2 Income Security Act of 1974 and section 

3 4980B(f)(2)(B)(iii) of the Internal Revenue 

4 Code of 1986 shall apply only if, with respect 

5 to such individual and beneficiaries, at least 2 

6 consecutive premium payments are not made. 

7 (5) OUTREACH.—The Secretary of Labor, in 

8 consultation with the Secretary of the Treasury and 

9 the Secretary of Health and Human Services, shall 

10 provide outreach consisting of public education and 

11 enrollment assistance relating to premium assistance 

12 provided under this subsection, that targets employ13 ers, group health plan administrators, public assist14 ance programs, States, health insurance issuers, and 

15 other entities as determined appropriate by such 

16 Secretaries. Such outreach shall initially focus on in17 dividuals electing COBRA continuation coverage. In18 formation on premium assistance, including enroll19 ment, shall be made available on the websites of the 

20 Departments of Labor, Treasury, and Health and 

21 Human Services. 

22 (6) DEFINITIONS.—In this subsection— 

23 (A) the terms ‘‘group health plan’’, ‘‘health 

24 insurance coverage’’, and ‘‘health insurance 

25 issuer’’ have the meanings given such terms in 


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1 section 733 of the Employee Retirement Income 

2 Security Act of 1974 (29 U.S.C. 1191b); and 

3 (B) the term ‘‘qualified beneficiary’’ has 

4 the meaning given such term in section 

5 607(3)(A) of the Employee Retirement Income 

6 Security Act of 1974 (29 U.S.C. 1167(3)(A)). 

7 (g) RETIREMENT SAVINGS CONTRIBUTIONS.— 

8 (1) IN GENERAL.—In the case of a qualified in9 dividual, the Secretary shall pay to such individual 

10 amounts equal to the amount of employer contribu11 tions (other than elective deferrals) which were made 

12 to a qualified retirement plan (as defined in section 

13 4974(c) of the Internal Revenue Code of 1986) of 

14 the individual as of the last month the individual 

15 was employed by the employer. Such payments shall 

16 be made on the same schedule as employer contribu17 tions under the plan. 

18 (2) TAX TREATMENT OF CONTRIBUTIONS.—If 

19 the qualified individual demonstrates that the pay20 ments made under paragraph (1) are contributed to 

21 a qualified retirement plan (as so defined) of the in22 dividual, such payments shall be treated for pur23 poses of the Internal Revenue Code of 1986 as if 

24 they had been made as employer contributions. 

25 (h) EDUCATIONAL BENEFITS.— 


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1 (1) DEFINITIONS.—In this subsection: 

2 (A) CHILD.—The term ‘‘child’’ means, 

3 with respect to any qualified individual, a son 

4 or daughter of such individual. 

5 (B) PUBLIC, IN-STATE INSTITUTION OR

6 VOCATIONAL SCHOOL.—The term ‘‘public, in7 State institution or vocational school’’ means a 

8 public institution of higher education (as de9 fined in section 101(a) of the Higher Education 

10 Act of 1965 (20 U.S.C. 1001(a))), or a public 

11 vocational school, of the State in which the 

12 qualified individual or child resides. 

13 (2) IN GENERAL.—The Secretary of Education 

14 shall carry out a program of educational assistance 

15 for any qualified individual and child of a qualified 

16 individual that is comparable to the program of edu17 cation assistance administered by the Secretary of 

18 Veterans Affairs under chapter 33 of title 38, 

19 United States Code, except that— 

20 (A) a qualified individual, and each child 

21 of a qualified individual, may receive the edu22 cational assistance provided under the program; 

23 and 

24 (B) the educational assistance shall only be 

25 available for use— 


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1 (i) at a public, in-State institution or 

2 vocational school; or 

3 (ii) for a program of training services 

4 included on the most recent list of eligible 

5 training programs issued under section 

6 122(d) of the Workforce Innovation and 

7 Opportunity Act (29 U.S.C. 3152(d)) by 

8 the Governor of the State in which the 

9 qualified individual or child of a qualified 

10 individual resides. 

11 (i) PRIORITY FOR EMPLOYMENT.—The Secretary, in 

12 coordination with the Secretary of Labor, the Secretary 

13 of Commerce, and the Secretary of Energy, shall, with re14 spect to any clean energy grants which are made available 

15 after the date of enactment of this Act, give priority to 

16 employers that intend to hire qualified individuals. 

17 (j) EFFECTIVE DATE.—This section shall take effect 

18 on the date of the establishment of the Office of American 

19 Energy Workers (as described in subsection (a)). 

Æ 


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