II 

116TH CONGRESS 

2D SESSION S. 4306 

To invest in workers and jobs, address important legacy costs in coal country, 

and drive development of advanced manufacturing and technologies. 

IN THE SENATE OF THE UNITED STATES 

JULY 23, 2020 

Ms. DUCKWORTH introduced the following bill; which was read twice and 

referred to the Committee on Finance 

A BILL 

To invest in workers and jobs, address important legacy 

costs in coal country, and drive development of advanced 

manufacturing and technologies. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Marshall Plan for Coal Country Act of 2020’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

TITLE I—HEALTHCARE 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•S 4306 IS

Sec. 101. Medicare coverage for individuals who lost their job at a coal mine 

or coal power plant. 

TITLE II—ECONOMIC DEVELOPMENT 

Sec. 201. Office of Economic Development at the Department of Energy. 

Sec. 202. Coal communities as HUBZones. 

Sec. 203. Extension of qualifying advanced energy project credit. 

Sec. 204. Small business loans for entrepreneurs. 

TITLE III—ENVIRONMENTAL CLEANUP 

Sec. 301. Abandoned mine reclamation. 

Sec. 302. Grant program for coal power plants affiliated infrastructure. 

Sec. 303. Contributions to employee benefit plans and environmental cleanup 

costs in bankruptcy. 

Sec. 304. Securitization. 

TITLE IV—WORKFORCE 

Sec. 401. Minimum wage increases. 

Sec. 402. Coal community benefits. 

Sec. 403. Decommissioning work. 

1 SEC. 2. FINDINGS. 

2 Congress finds that— 

3 (1) the United States is undergoing a rapid en4 ergy transformation, particularly in the power sec5 tor; 

6 (2) booming natural gas production, declining 

7 costs for renewable energy, increases in energy effi8 ciency, flattening electricity demand, and updated 

9 clean air standards are changing the way electricity 

10 is generated and used across the country; 

11 (3) the trends described in paragraph (2) are— 

12 (A) producing cleaner air and healthier 

13 communities and spurring new jobs and indus14 tries; but 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•S 4306 IS

1 (B) simultaneously impacting workers and 

2 communities who have relied on the coal indus3 try as a source of good jobs and economic pros4 perity, particularly in the Midwest and Appa5 lachia; and 

6 (4) a Marshall plan for the Midwest would 

7 make necessary investments into communities that 

8 have powered the United States and ensure that 

9 those communities are able to benefit and prosper in 

10 the energy transition taking place in the United 

11 States. 

12 TITLE I—HEALTHCARE 

13 SEC. 101. MEDICARE COVERAGE FOR INDIVIDUALS WHO 

14 LOST THEIR JOB AT A COAL MINE OR COAL 

15 POWER PLANT. 

16 Title XVIII of the Social Security Act is amended by 

17 inserting after section 1881A the following new section: 

18 ‘‘SEC. 1881B. MEDICARE COVERAGE FOR INDIVIDUALS WHO 

19 LOST THEIR JOB AT A COAL MINE OR COAL 

20 POWER PLANT. 

21 ‘‘(a) DEEMING OF INDIVIDUALS AS ELIGIBLE FOR

22 MEDICARE BENEFITS.— 

23 ‘‘(1) IN GENERAL.—For purposes of eligibility 

24 for benefits under this title, an individual deter25 mined under subsection (b) to be an applicable indiVerDate Sep 11 2014 22:16 Aug 19, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4306.IS S4306

pamtmann on DSKBC07HB2PROD with BILLS
4 

•S 4306 IS

1 vidual be deemed to meet the conditions specified in 

2 section 226(a). 

3 ‘‘(2) EFFECTIVE DATE OF COVERAGE.—An in4 dividual who is deemed eligible for benefits under 

5 this title under paragraph (1) shall be— 

6 ‘‘(A) entitled to benefits under the pro7 gram under Part A as of the date of such 

8 deeming; and 

9 ‘‘(B) eligible to enroll in the program 

10 under Part B beginning with the month in 

11 which such deeming occurs. 

12 ‘‘(b) DETERMINATIONS BY THE COMMISSIONER OF

13 SOCIAL SECURITY.—For purposes of this section, the 

14 Commissioner of Social Security, in consultation with the 

15 Secretary of Health and Human Services, and using the 

16 cost allocation method prescribed in section 201(g), shall 

17 determine whether individuals are applicable individuals. 

18 The Commissioner shall begin to make such determina19 tions as soon as practicable after the date of enactment 

20 of this section. 

21 ‘‘(c) APPLICABLE INDIVIDUAL DEFINED.—For pur22 poses of this section, the term ‘applicable individual’ 

23 means an individual who worked at a coal mine or coal 

24 power plant and has lost their job (other than a discharge 

25 for cause, voluntary departure, or retirement).’’. 


pamtmann on DSKBC07HB2PROD with BILLS
5 

•S 4306 IS

1 TITLE II—ECONOMIC 

2 DEVELOPMENT 

3 SEC. 201. OFFICE OF ECONOMIC DEVELOPMENT AT THE 

4 DEPARTMENT OF ENERGY. 

5 (a) IN GENERAL.—Title II of the Department of En6 ergy Organization Act (42 U.S.C. 7131 et seq.) is amend7 ed by adding at the end the following: 

8 ‘‘SEC. 218. OFFICE OF ECONOMIC DEVELOPMENT. 

9 ‘‘(a) DEFINITION OF COAL COMMUNITY.—In this 

10 section, the term ‘coal community’ means a community 

11 that has a coal power plant or coal mine that closed not 

12 earlier than January 1, 2010, and has not been 

13 repurposed. 

14 ‘‘(b) ESTABLISHMENT.—Not later than 1 year after 

15 the date of enactment of this section, there shall be estab16 lished within the Department an Office of Economic De17 velopment (referred to in this section as the ‘Office’). 

18 ‘‘(c) MISSION.—The mission of the Office shall be to 

19 use the technical expertise and financial resources of the 

20 Department to assist a wide group of external stake21 holders, including State and local governments, private 

22 sector energy and manufacturing businesses, nonprofit or23 ganizations, academic institutions, and labor unions, 

24 with— 


pamtmann on DSKBC07HB2PROD with BILLS
6 

•S 4306 IS

1 ‘‘(1) implementing Federal programs aimed at 

2 helping coal communities; 

3 ‘‘(2) developing and deploying clean energy in 

4 coal communities; and 

5 ‘‘(3) carrying out workforce training in coal 

6 communities. 

7 ‘‘(d) DIRECTOR.— 

8 ‘‘(1) IN GENERAL.—The Office shall be headed 

9 by a Director (referred to in this section as the ‘Di10 rector’), who shall be appointed by the President, by 

11 and with the advice and consent of the Senate. 

12 ‘‘(2) DUTIES OF DIRECTOR.—The Director 

13 shall— 

14 ‘‘(A) collaborate with National Labora15 tories to establish partnerships between the De16 partment and coal communities for the purpose 

17 of matching skilled workers to fill current and 

18 future energy jobs in the energy sectors de19 scribed in subsection (e); 

20 ‘‘(B) engage stakeholders about assess21 ment and analysis of the skills necessary to fill 

22 those jobs; and 

23 ‘‘(C) carry out any other activity in sup24 port of the mission of the Office described in 

25 subsection (c). 


pamtmann on DSKBC07HB2PROD with BILLS
7 

•S 4306 IS

1 ‘‘(e) ENERGY SECTORS DESCRIBED.—The energy 

2 sectors referred to in subsections (d)(2)(A) and (g)(1) 

3 are— 

4 ‘‘(1) the electric power generation and fuel sec5 tor; 

6 ‘‘(2) the transmission, distribution, and storage 

7 sector; 

8 ‘‘(3) the energy efficiency sector; 

9 ‘‘(4) the motor vehicle and component parts 

10 manufacturing sector; and 

11 ‘‘(5) any other energy sector determined by the 

12 Secretary. 

13 ‘‘(f) GRANT SPECIALISTS.— 

14 ‘‘(1) IN GENERAL.—The Director shall establish 

15 within the Office a team of grant specialists (re16 ferred to in this subsection as the ‘team’) that 

17 shall— 

18 ‘‘(A) assist with soliciting applications 

19 from coal communities for grants administered 

20 by the Department or any other relevant Fed21 eral agency that are for the purpose of helping 

22 coal communities, including grants made avail23 able under the Marshall Plan for Coal Country 

24 Act of 2020 or by the amendments made by 

25 that Act; 


pamtmann on DSKBC07HB2PROD with BILLS
8 

•S 4306 IS

1 ‘‘(B) provide technical assistance to coal 

2 communities with applications for the grants 

3 described in subparagraph (A); and 

4 ‘‘(C) oversee the implementation of grant 

5 programs authorized by the Marshall Plan for 

6 Coal Country Act of 2020 or by the amend7 ments made by that Act. 

8 ‘‘(2) COAL COMMUNITIES.— 

9 ‘‘(A) IN GENERAL.—Each specialist on the 

10 team shall— 

11 ‘‘(i) work with only 1 coal community 

12 at a time; and 

13 ‘‘(ii) to the maximum extent prac14 ticable, reside in that coal community for 

15 the duration of the work. 

16 ‘‘(B) MINIMUM DURATION.—Each spe17 cialist on the team shall work with a coal com18 munity for a period of not less than 10 years. 

19 ‘‘(C) EXISTING FEDERAL OFFICE.—If a 

20 Federal office building exists in the coal com21 munity with which a specialist on the team 

22 shall work, the Director may consider locating 

23 the specialist in that office building. 

24 ‘‘(3) TEAM POSITIONS.— 


pamtmann on DSKBC07HB2PROD with BILLS
9 

•S 4306 IS

1 ‘‘(A) IN GENERAL.—The Director shall en2 sure that the team comprises the number of 

3 grant specialists necessary to assist coal com4 munities. 

5 ‘‘(B) FILLING OF VACANCY.—A vacant po6 sition on the team shall be filled not later than 

7 90 days after the date on which the position be8 comes vacant. 

9 ‘‘(4) COLLABORATION.—The team shall collabo10 rate with other Federal and State agencies that im11 plement programs aimed at supporting coal commu12 nities. 

13 ‘‘(g) REPORT.—The Director shall publish and make 

14 publicly available an annual report, to be entitled the ‘U.S. 

15 Energy and Employment Report’, that— 

16 ‘‘(1) provides consistent, usable data measuring 

17 job growth throughout each energy sector described 

18 in subsection (e); 

19 ‘‘(2) compiles analyses of the job skills nec20 essary for entry-level jobs in each of those energy 

21 sectors; 

22 ‘‘(3) identifies barriers to entry (such as edu23 cation, training, and physical demands) to jobs in 

24 those energy sectors; 


pamtmann on DSKBC07HB2PROD with BILLS
10 

•S 4306 IS

1 ‘‘(4) designs strategies to eliminate or minimize 

2 the barriers identified under paragraph (3); and 

3 ‘‘(5) completes career pathway analysis ladders 

4 for each of those energy sectors.’’. 

5 (b) CONFORMING AMENDMENT.—The table of con6 tents for the Department of Energy Organization Act 

7 (Public Law 95–91; 91 Stat. 565) is amended by inserting 

8 after the item relating to section 217 the following: 

‘‘Sec. 218. Office of Economic Development.’’. 

9 SEC. 202. COAL COMMUNITIES AS HUBZONES. 

10 Section 31(b) of the Small Business Act (15 U.S.C. 

11 657a(b)) is amended— 

12 (1) in paragraph (1)— 

13 (A) in subparagraph (F), by striking ‘‘or’’ 

14 at the end; 

15 (B) in subparagraph (G), by striking the 

16 period at the end and inserting ‘‘; or’’; and 

17 (C) by adding at the end the following: 

18 ‘‘(H) qualified coal community areas.’’; 

19 and 

20 (2) in paragraph (3), by adding at the end the 

21 following: 

22 ‘‘(G) QUALIFIED COAL COMMUNITY

23 AREA.— 

24 ‘‘(i) IN GENERAL.—The term ‘quali25 fied coal community area’— 


pamtmann on DSKBC07HB2PROD with BILLS
11 

•S 4306 IS

1 ‘‘(I) means a community— 

2 ‘‘(aa) with a coal power 

3 plant or coal mine that closed; 

4 and 

5 ‘‘(bb) that, following the clo6 sure, experienced— 

7 ‘‘(AA) an increase in 

8 unemployment or poverty; or 

9 ‘‘(BB) a decrease in the 

10 median income of the com11 munity; and 

12 ‘‘(II) includes any area within a 

13 50-mile radius of the closed coal 

14 power plant or coal mine. 

15 ‘‘(ii) LIMITATION.—A community may 

16 only be considered a qualified coal commu17 nity area during the 5-year period begin18 ning on the date on which the coal power 

19 plant or coal mine closed.’’. 

20 SEC. 203. EXTENSION OF QUALIFYING ADVANCED ENERGY 

21 PROJECT CREDIT. 

22 (a) IN GENERAL.—Section 48C of the Internal Rev23 enue Code of 1986 is amended— 

24 (1) by redesignating subsection (e) as sub25 section (f), and 


pamtmann on DSKBC07HB2PROD with BILLS
12 

•S 4306 IS

1 (2) by inserting after subsection (d) the fol2 lowing new subsection: 

3 ‘‘(e) ADDITIONAL QUALIFYING ADVANCED ENERGY

4 PROJECT PROGRAM.— 

5 ‘‘(1) ESTABLISHMENT.— 

6 ‘‘(A) IN GENERAL.—Not later than 180 

7 days after the date of enactment of the Mar8 shall Plan for Coal Country Act of 2020, the 

9 Secretary, in consultation with the Secretary of 

10 Energy, shall establish an additional qualifying 

11 advanced energy project program to consider 

12 and award certifications for qualified invest13 ments eligible for credits under this section to 

14 qualifying advanced energy project sponsors. 

15 ‘‘(B) LIMITATION.—The total amount of 

16 credits that may be allocated under the pro17 gram described in subparagraph (A) shall not 

18 exceed $5,000,000,000. 

19 ‘‘(2) CERTIFICATION AND OTHER RULES.— 

20 Rules similar to the rules of paragraphs (2) through 

21 (5) of subsection (d) shall apply for purposes of this 

22 subsection.’’. 

23 (b) CONFORMING AMENDMENT.—Section 

24 48C(c)(1)(A)(ii) is amended by inserting ‘‘or (e)’’ after 

25 ‘‘subsection (d)’’. 


pamtmann on DSKBC07HB2PROD with BILLS
13 

•S 4306 IS

1 SEC. 204. SMALL BUSINESS LOANS FOR ENTREPRENEURS. 

2 The Small Business Act (15 U.S.C. 631 et seq.) is 

3 amended— 

4 (1) in section 7(a) (15 U.S.C. 636(a)), by add5 ing at the end the following: 

6 ‘‘(36) LOANS FOR FORMER COAL PLANT OR

7 COAL MINE WORKERS.—The Administrator, acting 

8 through the Director of the Office of Coal Country 

9 Small Business described in section 49, may guar10 antee loans under this subsection to individuals who 

11 lost their jobs at a coal power plant or coal mine and 

12 seek to establish a small business concern.’’; 

13 (2) by redesignating section 49 (15 U.S.C. 631 

14 note) as section 50; and 

15 (3) by inserting after section 48 (15 U.S.C. 

16 657u) the following: 

17 ‘‘SEC. 49. OFFICE OF COAL COUNTRY SMALL BUSINESS. 

18 ‘‘(a) ESTABLISHMENT.—There is established within 

19 the Administration the Office of Coal Country Small Busi20 ness (in this section referred to as the ‘Office’). 

21 ‘‘(b) DUTIES.—The Office will be responsible for— 

22 ‘‘(1) providing business training, counseling, 

23 and access to credit and capital to small business 

24 concerns owned and controlled by former coal power 

25 plant or coal mine workers; and 


pamtmann on DSKBC07HB2PROD with BILLS
14 

•S 4306 IS

1 ‘‘(2) administering the loan program under sec2 tion 7(a)(36). 

3 ‘‘(c) DIRECTOR.—The Office shall be headed by the 

4 Director of the Office of Coal Country Small Business, 

5 who shall— 

6 ‘‘(1) be appointed by the President, by and with 

7 the advice and consent of the Senate; 

8 ‘‘(2) be a former coal mine worker; and 

9 ‘‘(3) appoint a coal country specialist to be lo10 cated at each regional office of the Administration, 

11 who shall be responsible for soliciting small business 

12 concerns to participate in the loan program carried 

13 out under this section. 

14 ‘‘(d) LOCATION.—The Office shall be located in an 

15 area of the United States that has been impacted by the 

16 decline of the coal industry.’’. 

17 TITLE III—ENVIRONMENTAL 

18 CLEANUP 

19 SEC. 301. ABANDONED MINE RECLAMATION. 

20 (a) IN GENERAL.— 

21 (1) ECONOMIC REVITALIZATION FOR COAL

22 COUNTRY.— 

23 (A) IN GENERAL.—Title IV of the Surface 

24 Mining Control and Reclamation Act of 1977 


pamtmann on DSKBC07HB2PROD with BILLS
15 

•S 4306 IS

1 (30 U.S.C. 1231 et seq.) is amended by adding 

2 at the end the following: 

3 ‘‘SEC. 416. ABANDONED MINE LAND ECONOMIC REVITAL4 IZATION. 

5 ‘‘(a) PURPOSE.—The purpose of this section is to 

6 promote economic revitalization, diversification, and devel7 opment in economically distressed mining communities 

8 through the reclamation and restoration of land and water 

9 resources adversely affected by coal mining carried out be10 fore August 3, 1977. 

11 ‘‘(b) IN GENERAL.—From amounts deposited into 

12 the fund under section 401(b) before October 1, 2007, and 

13 not otherwise appropriated to the extent such funds are 

14 available, $200,000,000 shall be made available to the 

15 Secretary, without further appropriation, for each of fiscal 

16 years 2020 through 2024 for distribution to States and 

17 Indian tribes in accordance with this section for reclama18 tion and restoration projects at sites identified as prior19 ities under section 403(a): Provided, That if less than 

20 $200,000,000 is available in any fiscal year to the Sec21 retary, such remaining amount shall be made available to 

22 the Secretary, without further appropriation, and such fis23 cal year shall end distributions made available under this 

24 section. 


pamtmann on DSKBC07HB2PROD with BILLS
16 

•S 4306 IS

1 ‘‘(c) USE OF FUNDS.—Funds distributed to a State 

2 or Indian tribe under subsection (d) shall be used only 

3 for projects classified under the priorities of section 403(a) 

4 that meet the following criteria: 

5 ‘‘(1) CONTRIBUTION TO FUTURE ECONOMIC OR

6 COMMUNITY DEVELOPMENT.— 

7 ‘‘(A) IN GENERAL.—The project, upon 

8 completion of reclamation, is intended to create 

9 favorable conditions for the economic develop10 ment of the project site or create favorable con11 ditions that promote the general welfare 

12 through economic and community development 

13 of the area in which the project is conducted. 

14 ‘‘(B) DEMONSTRATION OF CONDITIONS.— 

15 Such conditions are demonstrated by— 

16 ‘‘(i) documentation of the role of the 

17 project in such area’s economic develop18 ment strategy or other economic and com19 munity development planning process; 

20 ‘‘(ii) any other documentation of the 

21 planned economic and community use of 

22 the project site after the primary reclama23 tion activities are completed, which may in24 clude contracts, agreements in principle, or 

25 other evidence that, once reclaimed, the 


pamtmann on DSKBC07HB2PROD with BILLS
17 

•S 4306 IS

1 site is reasonably anticipated to be used 

2 for one or more industrial, commercial, 

3 residential, agricultural, or recreational 

4 purposes; or 

5 ‘‘(iii) any other documentation agreed 

6 to by the State or Indian tribe that dem7 onstrates the project will meet the criteria 

8 set forth in this subsection. 

9 ‘‘(2) LOCATION IN ECONOMICALLY DISTRESSED

10 COMMUNITY AFFECTED BY RECENT DECLINE IN

11 MINING.— 

12 ‘‘(A) IN GENERAL.—The project will be 

13 conducted in a community— 

14 ‘‘(i) that has been adversely affected 

15 economically by a recent reduction in coal 

16 mining related activity, as demonstrated by 

17 employment data, per capita income, or 

18 other indicators of economic distress; or 

19 ‘‘(ii)(I) that has historically relied on 

20 coal mining for a substantial portion of its 

21 economy; and 

22 ‘‘(II) in which the economic contribu23 tion of coal mining has significantly de24 clined. 


pamtmann on DSKBC07HB2PROD with BILLS
18 

•S 4306 IS

1 ‘‘(B) SUBMISSION AND PUBLICATION OF

2 EVIDENCE OR ANALYSIS.—Any evidence or 

3 analysis relied upon in selecting the location of 

4 a project under this subparagraph shall be sub5 mitted to the Secretary for publication. The 

6 Secretary shall publish such evidence or anal7 ysis in the Federal Register within 30 days 

8 after receiving such submission. 

9 ‘‘(3) STAKEHOLDER COLLABORATION.— 

10 ‘‘(A) IN GENERAL.—The project has been 

11 the subject of project planning under subsection 

12 (g) and has been the focus of collaboration, in13 cluding partnerships, as appropriate, with inter14 ested persons or local organizations. 

15 ‘‘(B) PUBLIC NOTICE.—As part of project 

16 planning— 

17 ‘‘(i) the public has been notified of the 

18 project at minimum 30 days prior to sub19 mission to the Office of Surface Mining 

20 Reclamation and Enforcement and has 

21 been given an opportunity to request a 

22 public meeting convened in a community 

23 near the proposed project site; and 

24 ‘‘(ii) the State or Indian tribe pub25 lished notice of the proposed project 30 


pamtmann on DSKBC07HB2PROD with BILLS
19 

•S 4306 IS

1 days prior to submission to the Office of 

2 Surface Mining Reclamation and Enforce3 ment and published notice of requested 

4 public meetings in local newspapers of gen5 eral circulation, on the internet, and by 

6 any other means considered desirable by 

7 the Secretary. 

8 ‘‘(C) ELECTRONIC NOTIFICATION.—The 

9 State or Indian tribe established a way for in10 terested persons to receive electronically all 

11 public notices issued under subparagraph (B) 

12 and any written declarations submitted to the 

13 Secretary under paragraph (5). 

14 ‘‘(4) ELIGIBLE APPLICANTS.—The project has 

15 been proposed by entities of State, local, county, or 

16 tribal governments, or local organizations, and will 

17 be approved and executed by State or tribal pro18 grams, approved under section 405 or referred to in 

19 section 402(g)(8)(B), which may include subcon20 tracting project-related activities, as appropriate. 

21 ‘‘(5) WAIVER.—If the State or Indian tribe— 

22 ‘‘(A) cannot provide documentation de23 scribed in paragraph (1)(B) for a project con24 ducted under a priority stated in paragraph (1) 

25 or (2) of section 403(a), or 


pamtmann on DSKBC07HB2PROD with BILLS
20 

•S 4306 IS

1 ‘‘(B) is unable to meet the requirements 

2 under paragraph (2), 

3 the State or Indian tribe shall submit a written dec4 laration to the Secretary requesting an exemption 

5 from the requirements of those subparagraphs. The 

6 declaration must explain why achieving favorable 

7 conditions for economic or community development 

8 at the project site is not practicable, or why the re9 quirements of paragraph (2) cannot be met, and 

10 that sufficient funds distributed annually under sec11 tion 401 are not available to implement the project. 

12 Such request for an exemption is deemed to be ap13 proved, except the Secretary shall deny such request 

14 if the Secretary determines the declaration to be 

15 substantially inadequate. Any denial of such request 

16 shall be resolved at the State’s or Indian tribe’s re17 quest through the procedures described in subsection 

18 (e). 

19 ‘‘(d) DISTRIBUTION OF FUNDS.— 

20 ‘‘(1) UNCERTIFIED STATES.— 

21 ‘‘(A) IN GENERAL.—From the amount 

22 made available in subsection (b), the Secretary 

23 shall distribute $195,000,000 annually for each 

24 of fiscal years 2020 through 2024 to States and 

25 Indian tribes that have a State or tribal proVerDate Sep 11 2014 17:59 Aug 11, 2020 Jkt 099200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S4306.IS S4306

pamtmann on DSKBC07HB2PROD with BILLS
21 

•S 4306 IS

1 gram approved under section 405 or are re2 ferred to in section 402(g)(8)(B), and have not 

3 made a certification under section 411(a) in 

4 which the Secretary has concurred, as follows: 

5 ‘‘(i) Four-fifths of such amount shall 

6 be distributed based on the proportion of 

7 the amount of coal historically produced in 

8 each State or from the lands of each In9 dian tribe concerned before August 3, 

10 1977. 

11 ‘‘(ii) One-fifth of such amount shall be 

12 distributed based on the proportion of rec13 lamation fees paid during the period of fis14 cal years 2012 through 2016 for lands in 

15 each State or lands of each Indian tribe 

16 concerned. 

17 ‘‘(B) SUPPLEMENTAL FUNDS.—Funds dis18 tributed under this section— 

19 ‘‘(i) shall be in addition to, and shall 

20 not affect, the amount of funds distrib21 uted— 

22 ‘‘(I) to States and Indian tribes 

23 under section 401(f); and 

24 ‘‘(II) to States and Indian tribes 

25 that have made a certification under 


pamtmann on DSKBC07HB2PROD with BILLS
22 

•S 4306 IS

1 section 411(a) in which the Secretary 

2 has concurred, subject to the cap de3 scribed in section 402(i)(3); and 

4 ‘‘(ii) shall not reduce any funds dis5 tributed to a State or Indian tribe by rea6 son of the application of section 402(g)(8). 

7 ‘‘(2) ADDITIONAL FUNDING TO CERTAIN

8 STATES AND INDIAN TRIBES.— 

9 ‘‘(A) ELIGIBILITY.—From the amount 

10 made available in subsection (b), the Secretary 

11 shall distribute $5,000,000 annually for each of 

12 the five fiscal years beginning with fiscal year 

13 2020 to States and Indian tribes that have a 

14 State program approved under section 405 and 

15 have made a certification under section 411(a) 

16 in which the Secretary has concurred. 

17 ‘‘(B) APPLICATION FOR FUNDS.—Using 

18 the process in section 405(f), any State or In19 dian tribe described in subparagraph (A) may 

20 submit a grant application to the Secretary for 

21 funds under this paragraph. The Secretary 

22 shall review each grant application to confirm 

23 that the projects identified in the application 

24 for funding are eligible under subsection (c). 


pamtmann on DSKBC07HB2PROD with BILLS
23 

•S 4306 IS

1 ‘‘(C) DISTRIBUTION OF FUNDS.—The 

2 amount of funds distributed to each State or 

3 Indian tribe under this paragraph shall be de4 termined by the Secretary based on the dem5 onstrated need for the funding to accomplish 

6 the purpose of this section. 

7 ‘‘(3) REALLOCATION OF UNCOMMITTED

8 FUNDS.— 

9 ‘‘(A) COMMITTED DEFINED.—For pur10 poses of this paragraph the term ‘committed’— 

11 ‘‘(i) means that funds received by the 

12 State or Indian tribe— 

13 ‘‘(I) have been exclusively applied 

14 to or reserved for a specific project 

15 and therefore are not available for any 

16 other purpose; or 

17 ‘‘(II) have been expended or des18 ignated by the State or Indian tribe 

19 for the completion of a project; 

20 ‘‘(ii) includes use of any amount for 

21 project planning under subsection (g); and 

22 ‘‘(iii) reflects an acknowledgment by 

23 Congress that, based on the documentation 

24 required under subsection (c)(2)(B), any 

25 unanticipated delays to commit such funds 


pamtmann on DSKBC07HB2PROD with BILLS
24 

•S 4306 IS

1 that are outside the control of the State or 

2 Indian tribe concerned shall not affect its 

3 allocations under this section. 

4 ‘‘(B) FISCAL YEARS 2023 AND 2024.—For 

5 each of fiscal years 2023 and 2024, the Sec6 retary shall reallocate in accordance with sub7 paragraph (D) any amount available for dis8 tribution under this subsection that has not 

9 been committed to eligible projects in the pre10 ceding 2 fiscal years, among the States and In11 dian tribes that have committed to eligible 

12 projects the full amount of their annual alloca13 tion for the preceding fiscal year. 

14 ‘‘(C) FISCAL YEAR 2025.—For fiscal year 

15 2025, the Secretary shall reallocate in accord16 ance with subparagraph (D) any amount avail17 able for distribution under this subsection that 

18 has not been committed to eligible projects or 

19 distributed under paragraph (1)(A), among the 

20 States and Indian tribes that have committed to 

21 eligible projects the full amount of their annual 

22 allocation for the preceding fiscal years. 

23 ‘‘(D) AMOUNT OF REALLOCATION.—The 

24 amount reallocated to each State or Indian 

25 tribe under each of subparagraphs (B) and (C) 


pamtmann on DSKBC07HB2PROD with BILLS
25 

•S 4306 IS

1 shall be determined by the Secretary to reflect, 

2 to the extent practicable— 

3 ‘‘(i) the proportion of unreclaimed eli4 gible lands and waters the State or Indian 

5 tribe has in the inventory maintained 

6 under section 403(c); 

7 ‘‘(ii) the average of the proportion of 

8 reclamation fees paid for lands in each 

9 State or lands of each Indian tribe con10 cerned; and 

11 ‘‘(iii) the proportion of coal mining 

12 employment loss incurred in the State or 

13 on lands of the Indian tribe, respectively, 

14 as determined by the Mine Safety and 

15 Health Administration, over the 5-year pe16 riod preceding the fiscal year for which the 

17 reallocation is made. 

18 ‘‘(e) RESOLUTION OF SECRETARY’S CONCERNS; CON19 GRESSIONAL NOTIFICATION.—If the Secretary does not 

20 agree with a State or Indian tribe that a proposed project 

21 meets the criteria set forth in subsection (c)— 

22 ‘‘(1) the Secretary and the State or tribe shall 

23 meet and confer for a period of not more than 45 

24 days to resolve the Secretary’s concerns, except that 


pamtmann on DSKBC07HB2PROD with BILLS
26 

•S 4306 IS

1 such period may be shortened by the Secretary if the 

2 Secretary’s concerns are resolved; 

3 ‘‘(2) during that period, at the State’s or In4 dian tribe’s request, the Secretary may consult with 

5 any appropriate Federal agency; and 

6 ‘‘(3) at the end of that period, if the Secretary’s 

7 concerns are not resolved the Secretary shall provide 

8 to the Committee on Natural Resources of the 

9 House of Representatives and the Committee on En10 ergy and Natural Resources of the Senate an expla11 nation of the concerns and such project proposal 

12 shall not be eligible for funds distributed under this 

13 section. 

14 ‘‘(f) ACID MINE DRAINAGE TREATMENT.— 

15 ‘‘(1) IN GENERAL.—Subject to paragraph (2), a 

16 State or Indian tribe that receives funds under this 

17 section may use up to 30 percent of such funds as 

18 necessary to supplement the State’s or tribe’s acid 

19 mine drainage abatement and treatment fund estab20 lished under section 402(g)(6)(A), for future oper21 ation and maintenance costs for the treatment of 

22 acid mine drainage associated with the individual 

23 projects funded under this section. A State or Indian 

24 tribe shall specify the total funds allotted for such 


pamtmann on DSKBC07HB2PROD with BILLS
27 

•S 4306 IS

1 costs in its application submitted under subsection 

2 (d)(2)(B). 

3 ‘‘(2) CONDITION.—A State or Indian tribe may 

4 use funds under this subsection only if the State or 

5 tribe can demonstrate that the annual grant distrib6 uted to the State or tribe pursuant to section 401(f), 

7 including any interest from the State’s or tribe’s 

8 acid mine drainage abatement and treatment fund 

9 that is not used for the operation or maintenance of 

10 preexisting acid mine drainage treatment systems, is 

11 insufficient to fund the operation and maintenance 

12 of any acid mine drainage treatment system associ13 ated with an individual project funded under this 

14 section. 

15 ‘‘(g) PROJECT PLANNING AND ADMINISTRATION.— 

16 ‘‘(1) STATES AND INDIAN TRIBES.—A State or 

17 Indian tribe may use up to 10 percent of its annual 

18 distribution under this section for the costs of ad19 ministering this section consistent with existing 

20 practice under sections 401(c)(7) and 402(g)(1)(C) 

21 and the Office of Surface Mining Reclamation and 

22 Enforcement Federal Assistance Manual. 

23 ‘‘(2) SECRETARY.—The Secretary may expend, 

24 from amounts made available to the Secretary under 

25 section 402(g)(3)(D), not more than $3,000,000 


pamtmann on DSKBC07HB2PROD with BILLS
28 

•S 4306 IS

1 during the fiscal years for which distributions occur 

2 under subsection (b) for staffing and other adminis3 trative expenses necessary to carry out this section. 

4 ‘‘(h) REGULATIONS AND GUIDELINES.—To the ex5 tent necessary to implement the provisions of this Act, the 

6 Secretary shall propose rules or develop guidelines not 

7 later than 90 days following enactment of the Marshall 

8 Plan for Coal Country Act of 2020 and shall publish them 

9 as final rules or guidelines not later than 90 days there10 after. Within 60 days following the adoption of any such 

11 final rules or guidelines, the Secretary shall distribute the 

12 funds under subsection (d). Furthermore, project pro13 posals under this Act shall be initially reviewed, vetted and 

14 approved by OSMRE Field Offices within 45 days of re15 ceipt and authorizations to proceed shall be issued by the 

16 Field Office within 45 days of request by the State or 

17 Tribe. 

18 ‘‘(i) REPORT TO CONGRESS.—The Secretary shall 

19 provide to the Committee on Natural Resources of the 

20 House of Representatives, the Committees on Appropria21 tions of the House of Representatives and the Senate, and 

22 the Committee on Energy and Natural Resources of the 

23 Senate at the end of each fiscal year for which such funds 

24 are distributed a detailed report— 


pamtmann on DSKBC07HB2PROD with BILLS
29 

•S 4306 IS

1 ‘‘(1) on the various projects that have been un2 dertaken with such funds; 

3 ‘‘(2) the extent and degree of reclamation using 

4 such funds that achieved the priorities described in 

5 paragraph (1) or (2) of section 403(a); 

6 ‘‘(3) the community and economic benefits that 

7 are resulting from, or are expected to result from, 

8 the use of the funds that achieved the priorities de9 scribed in paragraph (3) of section 403(a); and 

10 ‘‘(4) the reduction since the previous report in 

11 the inventory referred to in section 403(c). 

12 ‘‘(j) PROHIBITION ON CERTAIN USE OF FUNDS.— 

13 Any State or Indian tribe that uses the funds distributed 

14 under this section for purposes other than reclamation or 

15 drainage abatement expenditures, as made eligible by sec16 tion 404, and for the purposes authorized under sub17 sections (f) and (g), shall be barred from receiving any 

18 subsequent funding under this section.’’. 

19 (B) CLERICAL AMENDMENT.—The table of 

20 contents in the first section of the Surface Min21 ing Control and Reclamation Act of 1977 is 

22 amended by adding at the end of the items re23 lating to title IV the following: 

‘‘Sec. 416. Abandoned mine land economic revitalization.’’. 


pamtmann on DSKBC07HB2PROD with BILLS
30 

•S 4306 IS

1 (2) TECHNICAL AND CONFORMING AMEND2 MENTS.—The Surface Mining Control and Reclama3 tion Act of 1977 is amended— 

4 (A) in section 401(c) (30 U.S.C. 1231(c)), 

5 by striking ‘‘and’’ after the semicolon at the 

6 end of paragraph (10), by redesignating para7 graph (11) as paragraph (12), and by inserting 

8 after paragraph (10) the following: 

9 ‘‘(11) to implement section 416; and’’; 

10 (B) in section 401(d)(3) (30 U.S.C. 

11 1231(d)(3)), by striking ‘‘subsection (f)’’ and 

12 inserting ‘‘subsection (f) and section 416(a)’’; 

13 (C) in section 402(g) (30 U.S.C. 

14 1232(g))— 

15 (i) in paragraph (1), in the matter 

16 preceding subparagraph (A), by inserting 

17 ‘‘and section 416’’ after ‘‘subsection (h)’’; 

18 and 

19 (ii) by adding at the end of paragraph 

20 (3) the following: 

21 ‘‘(F) For the purpose of section 

22 416(d)(2)(A).’’; and 

23 (D) in section 403(c) (30 U.S.C. 1233(c)), 

24 by inserting after the second sentence the fol25 lowing: ‘‘As practicable, States and Indian 


pamtmann on DSKBC07HB2PROD with BILLS
31 

•S 4306 IS

1 tribes shall offer such amendments based on the 

2 use of remote sensing, global positioning sys3 tems, and other advanced technologies.’’. 

4 (3) MINIMUM STATE PAYMENTS.—Section 

5 402(g)(8)(A) of the Surface Mining Control and 

6 Reclamation Act of 1977 (30 U.S.C. 1232(g)(8)(A)) 

7 is amended by striking ‘‘$3,000,000’’ and inserting 

8 ‘‘$5,000,000’’. 

9 (4) GAO STUDY OF USE OF FUNDS.—Not later 

10 than 2 years after the date of enactment of this Act, 

11 the Comptroller General of the United States shall 

12 study and report to the Congress on uses of funds 

13 authorized by the amendments made by this sub14 section, including regarding— 

15 (A) the solvency of the Abandoned Mine 

16 Reclamation Fund created by section 401 of the 

17 Surface Mining Control and Reclamation Act of 

18 1977 (30 U.S.C. 1231); and 

19 (B) the impact of those uses on payments 

20 and transfers under the Surface Mining Control 

21 and Reclamation Act of 1977 (30 U.S.C. 1201 

22 et seq.) to— 

23 (i) States for which a certification has 

24 been made under section 411(a) of that 

25 Act (30 U.S.C. 1240a(a)); 


pamtmann on DSKBC07HB2PROD with BILLS
32 

•S 4306 IS

1 (ii) States for which such a certifi2 cation has not been made; and 

3 (iii) transfers to United Mine Workers 

4 of America Combined Benefit Fund under 

5 section 402(h)(2)(A) of that Act (30 

6 U.S.C. 1232(h)(2)(A)). 

7 (5) PAYMENTS TO CERTIFIED STATES NOT AF8 FECTED.—Nothing in this subsection reduces or oth9 erwise affects payments under section 402(g) of the 

10 Surface Mining Reclamation and Control Act of 

11 1977 (30 U.S.C. 1232(g)) to States that have made 

12 a certification under section 411(a) of that Act (30 

13 U.S.C. 1240a(a)) in which the Secretary of the Inte14 rior has concurred. 

15 (b) ADDITIONAL AMENDMENTS TO SURFACE MINING

16 CONTROL AND RECLAMATION ACT OF 1977.— 

17 (1) ABANDONED MINE LAND RECLAMATION

18 FUND.—Section 401(f)(2) of the Surface Mining 

19 Control and Reclamation Act of 1977 (30 U.S.C. 

20 1231(f)(2)) is amended— 

21 (A) in subparagraph (A)— 

22 (i) in the subparagraph heading, by 

23 striking ‘‘2022’’ and inserting ‘‘2037’’; and 


pamtmann on DSKBC07HB2PROD with BILLS
33 

•S 4306 IS

1 (ii) in the matter preceding clause (i), 

2 by striking ‘‘2022’’ and inserting ‘‘2037’’; 

3 and 

4 (B) in subparagraph (B)— 

5 (i) in the subparagraph heading, by 

6 striking ‘‘2023’’ and inserting ‘‘2038’’; 

7 (ii) by striking ‘‘2023’’ and sub8 stituting ‘‘2038’’; and 

9 (iii) by striking ‘‘2022’’ and inserting 

10 ‘‘2037’’. 

11 (2) EMERGENCY POWERS.— 

12 (A) STATE RECLAMATION PROGRAM.—Sec13 tion 405(d) of the Surface Mining Control and 

14 Reclamation Act of 1977 (30 U.S.C. 1235(d)) 

15 is amended by striking ‘‘sections 402 and 410 

16 excepted’’ and inserting ‘‘section 402 excepted’’. 

17 (B) DELEGATION.—Section 410 of the 

18 Surface Mining Control and Reclamation Act of 

19 1977 (30 U.S.C. 1240) is amended— 

20 (i) in subsection (a), in the matter 

21 preceding paragraph (1), by inserting ‘‘, 

22 including through reimbursement to a 

23 State or Indian tribe as described in sub24 section (c),’’ after ‘‘moneys’’; and 


pamtmann on DSKBC07HB2PROD with BILLS
34 

•S 4306 IS

1 (ii) by adding at the end the fol2 lowing: 

3 ‘‘(c) STATE AND INDIAN TRIBES.—A State or Indian 

4 tribe is eligible to receive reimbursement from the Sec5 retary under subsection (a) if the State or Indian tribe 

6 has submitted to the Secretary as part of the approved 

7 abandoned mine reclamation program of the State or In8 dian tribe under section 405 an abandoned mine land 

9 emergency program.’’. 

10 (3) RECLAMATION FEE.— 

11 (A) DURATION.— 

12 (i) IN GENERAL.—Section 402(b) of 

13 the Surface Mining Control and Reclama14 tion Act of 1977 (30 U.S.C. 1232(b)) is 

15 amended by striking ‘‘September 30, 

16 2021’’ and inserting ‘‘September 30, 

17 2036’’. 

18 (ii) EFFECTIVE DATE.—The amend19 ment made by clause (i) shall take effect 

20 on the date that is 90 days after the date 

21 of enactment of this Act. 

22 (B) ALLOCATION OF FUNDS.— 

23 (i) IN GENERAL.—Section 402(g) of 

24 the Surface Mining Control and ReclamaVerDate Sep 11 2014 17:59 Aug 11, 2020 Jkt 099200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S4306.IS S4306

pamtmann on DSKBC07HB2PROD with BILLS
35 

•S 4306 IS

1 tion Act of 1977 (30 U.S.C. 1232(g)) is 

2 amended— 

3 (I) in paragraph (6)(A), by strik4 ing ‘‘paragraphs (1) and (5)’’ and in5 serting ‘‘paragraphs (1), (5), and 

6 (8)’’; and 

7 (II) by adding at the end the fol8 lowing: 

9 ‘‘(9) From amounts withheld pursuant to sec10 tion 251A of the Balanced Budget and Emergency 

11 Deficit Control Act of 1985 (2 U.S.C. 901a) from 

12 payments to States under this title during fiscal 

13 years 2013 through 2018, the Secretary shall dis14 tribute for fiscal year 2019 an amount to each State 

15 equal to the total amount so withheld.’’. 

16 (ii) EFFECTIVE DATE.—The amend17 ments made by clause (i) shall take effect 

18 on September 30, 2020. 

19 (4) EXEMPT PROGRAMS AND ACTIVITIES.—Sec20 tion 255(g)(1)(A) of the Balanced Budget and 

21 Emergency Deficit Control Act of 1985 (2 U.S.C. 

22 905(g)(1)(A)) is amended by inserting after ‘‘Pay23 ments to Social Security Trust Funds (28–0404–0– 

24 1–651).’’ the following: 


pamtmann on DSKBC07HB2PROD with BILLS
36 

•S 4306 IS

1 ‘‘Payments to States and Indian Tribes from 

2 the Abandoned Mine Reclamation Fund, mandatory 

3 grants to States and Indian Tribes (12–50q5–0–2– 

4 999).’’. 

5 SEC. 302. GRANT PROGRAM FOR COAL POWER PLANTS AND 

6 AFFILIATED INFRASTRUCTURE. 

7 (a) GRANTS FOR COAL POWER PLANTS.— 

8 (1) IN GENERAL.—Not later than 1 year after 

9 the date of enactment of this Act, the Secretary of 

10 Energy shall make grants to eligible coal power 

11 plants to pay the Federal share of the costs of in12 stalling carbon capture technology, including the 

13 costs of equipment. 

14 (2) ELIGIBILITY.—To be eligible to receive a 

15 grant under paragraph (1), a coal power plant— 

16 (A) shall be capable of sequestering 

17 500,000 tons of carbon dioxide annually; and 

18 (B)(i) shall have not less than 8 years of 

19 economic operational life left, as determined by 

20 the Director of the Office of Economic Develop21 ment of the Department of Energy under para22 graph (3); or 

23 (ii) would be required to shut down absent 

24 the installation of carbon capture technology. 


pamtmann on DSKBC07HB2PROD with BILLS
37 

•S 4306 IS

1 (3) METRICS FOR OFFICE OF ECONOMIC DE2 VELOPMENT DETERMINATION.—The Director of the 

3 Office of Economic Development of the Department 

4 of Energy shall establish metrics to determine how 

5 many years of economic life a coal power plant has 

6 left under paragraph (2)(B)(i), based on data 

7 from— 

8 (A) the Energy Information Administra9 tion; 

10 (B) coal power plants; 

11 (C) public utility commissions; and 

12 (D) the Federal Energy Regulatory Com13 mission. 

14 (4) FEDERAL SHARE.—The Federal share of 

15 the costs described in paragraph (1) shall be 100 

16 percent. 

17 (b) LOANS AND LOAN GUARANTEES FOR AFFILI18 ATED INFRASTRUCTURE.—The Secretary of Energy, act19 ing through the Executive Director of the Loan Programs 

20 Office of the Department of Energy, may provide not more 

21 than a total of $15,000,000,000 in loans and loan guaran22 tees to eligible entities for the construction of pipeline in23 frastructure to transport sequestered carbon dioxide to po24 tential geologic storage resources for carbon dioxide identi25 fied in the report prepared by the United States Geological 


pamtmann on DSKBC07HB2PROD with BILLS
38 

•S 4306 IS

1 logical Survey entitled ‘‘Geologic Framework for the Na2 tional Assessment of Carbon Dioxide Storage Resources’’. 

3 (c) EFFECT ON ELIGIBILITY FOR OTHER FINANCIAL

4 ASSISTANCE.—Nothing in this section limits the eligibility 

5 of an entity that receives assistance under this section for 

6 any other Federal assistance under any other law. 

7 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated such sums as are nec9 essary to carry out this section. 

10 SEC. 303. CONTRIBUTIONS TO EMPLOYEE BENEFIT PLANS 

11 AND ENVIRONMENTAL CLEANUP COSTS IN 

12 BANKRUPTCY. 

13 (a) DEFINITIONS.—Section 101 of title 11, United 

14 States Code, is amended— 

15 (1) by inserting after paragraph (5) the fol16 lowing: 

17 ‘‘(5A) The term ‘coal company’ means an entity 

18 that was engaged in the trade or business of the 

19 production, refining, or processing of coal during the 

20 100-year period ending on the date on which a case 

21 is commenced under this title with respect to the en22 tity.’’; and 

23 (2) by inserting after paragraph (15) the fol24 lowing: 


pamtmann on DSKBC07HB2PROD with BILLS
39 

•S 4306 IS

1 ‘‘(15A) The term ‘environmental cleanup costs’ 

2 means costs associated with complying with the rec3 lamation plan of a site and any other requirements 

4 that a coal company is required to meet, including 

5 under the Clean Air Act (42 U.S.C. 7401 et seq.) 

6 and the Federal Water Pollution Control Act (33 

7 U.S.C. 1251 et seq.) (commonly referred to as the 

8 ‘Clean Water Act’).’’. 

9 (b) PRIORITIES.—Section 507 of title 11, United 

10 States Code, is amended— 

11 (1) in subsection (a), in the matter preceding 

12 paragraph (1), by striking ‘‘The following’’ and in13 serting ‘‘Except as provided in subsection (e), the 

14 following’’; and 

15 (2) by adding at the end the following: 

16 ‘‘(e) In a case commenced under this title with re17 spect to a coal company— 

18 ‘‘(1) allowed unsecured claims described in sub19 section (a)(5) shall have first priority; 

20 ‘‘(2) allowed unsecured claims for environ21 mental cleanup costs shall have second priority; 

22 ‘‘(3) expenses and claims described in para23 graphs (1) through (4) of subsection (a) shall have 

24 third through sixth priority, respectively; and 


pamtmann on DSKBC07HB2PROD with BILLS
40 

•S 4306 IS

1 ‘‘(4) expenses and claims described in para2 graphs (6) through (10) of subsection (a) shall have 

3 seventh through eleventh priority, respectively.’’. 

4 (c) APPLICABILITY.—The amendments made by this 

5 section shall only apply to a case commenced under title 

6 11, United States Code, on or after the date of enactment 

7 of this Act. 

8 SEC. 304. SECURITIZATION. 

9 (a) IN GENERAL.—Not later than 1 year after the 

10 date of enactment of this Act, the Secretary of Energy 

11 shall establish a program to make grants to States that 

12 satisfy the requirements under subsection (b) in an 

13 amount determined under subsection (c). 

14 (b) REQUIREMENTS.—A State is eligible to receive a 

15 grant under this section if the State— 

16 (1) has filed with the Secretary of Energy an 

17 application at such time, in such manner, and con18 taining such information as the Secretary of Energy 

19 may require, and 

20 (2) has established a program that allows own21 ers of coal power plants within such State to shut 

22 down such plants prior to the taxable year in which 

23 the total cost of such plant would be fully depre24 ciated through the issuance of ratepayer-backed 

25 bonds. 


pamtmann on DSKBC07HB2PROD with BILLS
41 

•S 4306 IS

1 (c) AMOUNT OF GRANT.—The amount of the grant 

2 made to any State shall be equal to 50 percent of the 

3 amount expended by the State for the program described 

4 in subsection (b)(2). 

5 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated such sums as may be 

7 necessary to carry out this section. 

8 TITLE IV—WORKFORCE 

9 SEC. 401. MINIMUM WAGE INCREASES. 

10 (a) MINIMUM WAGE INCREASES.— 

11 (1) IN GENERAL.—Section 6(a)(1) of the Fair 

12 Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) 

13 is amended to read as follows: 

14 ‘‘(1) except as otherwise provided in this sec15 tion, not less than— 

16 ‘‘(A) $8.55 an hour, beginning on the ef17 fective date under section 401(f) of the Mar18 shall Plan for Coal Country Act of 2020; 

19 ‘‘(B) $9.85 an hour, beginning 1 year after 

20 such effective date; 

21 ‘‘(C) $11.15 an hour, beginning 2 years 

22 after such effective date; 

23 ‘‘(D) $12.45 an hour, beginning 3 years 

24 after such effective date; 


pamtmann on DSKBC07HB2PROD with BILLS
42 

•S 4306 IS

1 ‘‘(E) $13.75 an hour, beginning 4 years 

2 after such effective date; 

3 ‘‘(F) $15.00 an hour, beginning 5 years 

4 after such effective date; and 

5 ‘‘(G) beginning on the date that is 6 years 

6 after such effective date, and annually there7 after, the amount determined by the Secretary 

8 under subsection (h);’’. 

9 (2) DETERMINATION BASED ON INCREASE IN

10 THE MEDIAN HOURLY WAGE OF ALL EMPLOYEES.— 

11 Section 6 of the Fair Labor Standards Act of 1938 

12 (29 U.S.C. 206) is amended by adding at the end 

13 the following: 

14 ‘‘(h)(1) Not later than each date that is 90 days be15 fore a new minimum wage rate determined under sub16 section (a)(1)(G) is to take effect, the Secretary shall de17 termine the minimum wage rate to be in effect under this 

18 subsection for each period described in subsection 

19 (a)(1)(G). The wage rate determined under this subsection 

20 for a year shall be— 

21 ‘‘(A) not less than the amount in effect under 

22 subsection (a)(1) on the date of such determination; 

23 ‘‘(B) increased from such amount by the annual 

24 percentage increase, if any, in the median hourly 


pamtmann on DSKBC07HB2PROD with BILLS
43 

•S 4306 IS

1 wage of all employees as determined by the Bureau 

2 of Labor Statistics; and 

3 ‘‘(C) rounded up to the nearest multiple of 

4 $0.05. 

5 ‘‘(2) In calculating the annual percentage increase in 

6 the median hourly wage rate of all employees for purposes 

7 of paragraph (1)(B), the Secretary, through the Bureau 

8 of Labor Statistics, shall compile data on the hourly wages 

9 of all employees to determine such a median hourly wage 

10 and compare such median hourly wage for the most recent 

11 year for which data are available with the median hourly 

12 wage determined for the preceding year.’’. 

13 (b) TIPPED EMPLOYEES.— 

14 (1) BASE MINIMUM WAGE FOR TIPPED EMPLOY15 EES AND TIPS RETAINED BY EMPLOYEES.—Section 

16 3(m)(2)(A)(i) of the Fair Labor Standards Act of 

17 1938 (29 U.S.C. 203(m)(2)(A)(i)) is amended to 

18 read as follows: 

19 ‘‘(i) the cash wage rate paid such employee, 

20 which for purposes of such determination shall be 

21 not less than— 

22 ‘‘(I) for the 1-year period beginning on the 

23 effective date under section 401 of the Marshall 

24 Plan for Coal Country Act of 2020, $3.60 an 

25 hour; 


pamtmann on DSKBC07HB2PROD with BILLS
44 

•S 4306 IS

1 ‘‘(II) for each succeeding 1-year period 

2 until the wage rate under this clause equals the 

3 wage rate in effect under section 6(a)(1) for 

4 such period, an hourly wage equal to the 

5 amount determined under this clause for the 

6 preceding year, increased by the lesser of— 

7 ‘‘(aa) $1.50; or 

8 ‘‘(bb) the amount necessary for the 

9 wage rate in effect under this clause to 

10 equal the wage rate in effect under section 

11 6(a)(1) for such period, rounded up to the 

12 nearest multiple of $0.05; and 

13 ‘‘(III) for each succeeding 1-year period 

14 after the increase made pursuant to subclause 

15 (II), the minimum wage rate in effect under 

16 section 6(a)(1); and’’. 

17 (2) TIPS RETAINED BY EMPLOYEES.—Section 

18 3(m)(2)(A) of the Fair Labor Standards Act of 

19 1938 (29 U.S.C. 203(m)(2)(A)) is amended— 

20 (A) in the second sentence of the matter 

21 following clause (ii), by striking ‘‘of this sub22 section, and all tips received by such employee 

23 have been retained by the employee’’ and insert24 ing ‘‘of this subsection. Any employee shall have 


pamtmann on DSKBC07HB2PROD with BILLS
45 

•S 4306 IS

1 the right to retain any tips received by such 

2 employee’’; and 

3 (B) by adding at the end the following: 

4 ‘‘An employer shall inform each employee of the 

5 right and exception provided under the pre6 ceding sentence.’’. 

7 (3) SCHEDULED REPEAL OF SEPARATE MIN8 IMUM WAGE FOR TIPPED EMPLOYEES.— 

9 (A) TIPPED EMPLOYEES.—Section 

10 3(m)(2)(A) of the Fair Labor Standards Act of 

11 1938 (29 U.S.C. 203(m)(2)(A)), as amended by 

12 paragraphs (1) and (2), is further amended by 

13 striking the sentence beginning with ‘‘In deter14 mining the wage an employer is required to pay 

15 a tipped employee,’’ and all that follows 

16 through ‘‘of this subsection.’’ and inserting 

17 ‘‘The wage rate required to be paid to a tipped 

18 employee shall be the wage rate set forth in sec19 tion 6(a)(1).’’. 

20 (B) PUBLICATION OF NOTICE.—Subsection 

21 (i) of section 6 of the Fair Labor Standards 

22 Act of 1938 (29 U.S.C. 206), as amended by 

23 subsection (d), is further amended by striking 

24 ‘‘or in accordance with subclause (II) or (III) of 

25 section 3(m)(2)(A)(i)’’. 


pamtmann on DSKBC07HB2PROD with BILLS
46 

•S 4306 IS

1 (C) EFFECTIVE DATE.—The amendments 

2 made by subparagraphs (A) and (B) shall take 

3 effect on the date that is one day after the date 

4 on which the hourly wage under subclause (III) 

5 of section 3(m)(2)(A)(i) of the Fair Labor 

6 Standards Act of 1938 (29 U.S.C. 

7 203(m)(2)(A)(i)), as amended by paragraph 

8 (1), takes effect. 

9 (c) NEWLY HIRED EMPLOYEES WHO ARE LESS

10 THAN 20 YEARS OLD.— 

11 (1) BASE MINIMUM WAGE FOR NEWLY HIRED

12 EMPLOYEES WHO ARE LESS THAN 20 YEARS OLD.— 

13 Section 6(g)(1) of the Fair Labor Standards Act of 

14 1938 (29 U.S.C. 206(g)(1)) is amended by striking 

15 ‘‘a wage which is not less than $4.25 an hour.’’ and 

16 inserting the following: ‘‘a wage at a rate that is not 

17 less than— 

18 ‘‘(A) for the 1-year period beginning on the ef19 fective date under section 7 of the Marshall Plan for 

20 Coal Country Act of 2020, $5.50 an hour; 

21 ‘‘(B) for each succeeding 1-year period until the 

22 hourly wage under this paragraph equals the hourly 

23 wage in effect under section 6(a)(1) for such period, 

24 an hourly wage equal to the amount determined 


pamtmann on DSKBC07HB2PROD with BILLS
47 

•S 4306 IS

1 under this paragraph for the preceding year, in2 creased by the lesser of— 

3 ‘‘(i) $1.25; or 

4 ‘‘(ii) the amount necessary for the wage 

5 rate in effect under this paragraph to equal the 

6 wage rate in effect under section 6(a)(1) for 

7 such period, rounded up to the nearest multiple 

8 of $0.05; and 

9 ‘‘(C) for each succeeding 1-year period after the 

10 increase made pursuant to subparagraph (B)(ii), the 

11 minimum wage rate in effect under section 

12 6(a)(1).’’. 

13 (2) SCHEDULED REPEAL OF SEPARATE MIN14 IMUM WAGE FOR NEWLY HIRED EMPLOYEES WHO

15 ARE LESS THAN 20 YEARS OLD.— 

16 (A) IN GENERAL.—Section 6(g)(1) of the 

17 Fair Labor Standards Act of 1938 (29 U.S.C. 

18 206(g)(1)), as amended by paragraph (1), shall 

19 be repealed. 

20 (B) PUBLICATION OF NOTICE.—Subsection 

21 (i) of section 6 of the Fair Labor Standards 

22 Act of 1938 (29 U.S.C. 206), as amended by 

23 subsection (b)(3)(B), is further amended by 

24 striking ‘‘or subparagraph (B) or (C) of sub25 section (g)(1),’’. 


pamtmann on DSKBC07HB2PROD with BILLS
48 

•S 4306 IS

1 (C) EFFECTIVE DATE.—The repeal and 

2 amendment made by subparagraphs (A) and 

3 (B), respectively, shall take effect on the date 

4 that is one day after the date on which the 

5 wage rate under subparagraph (C) of section 

6 6(g)(1) of the Fair Labor Standards Act of 

7 1938 (29 U.S.C. 206(g)(1)), as amended by 

8 paragraph (1), takes effect. 

9 (d) PUBLICATION OF NOTICE.—Section 6 of the Fair 

10 Labor Standards Act of 1938 (29 U.S.C. 206), as amend11 ed by the preceding subsections, is further amended by 

12 adding at the end the following: 

13 ‘‘(i) Not later than 60 days prior to the effective date 

14 of any increase in the required wage rate determined 

15 under subsection (a)(1) or subparagraph (B) or (C) of 

16 subsection (g)(1), or in accordance with subclause (II) or 

17 (III) of section 3(m)(2)(A)(i) or section 14(c)(1)(A), the 

18 Secretary shall publish in the Federal Register and on the 

19 website of the Department of Labor a notice announcing 

20 each increase in such required wage rate.’’. 

21 (e) PROMOTING ECONOMIC SELF-SUFFICIENCY FOR

22 INDIVIDUALS WITH DISABILITIES.— 

23 (1) WAGES.— 

24 (A) TRANSITION TO FAIR WAGES FOR IN25 DIVIDUALS WITH DISABILITIES.—Subparagraph 


pamtmann on DSKBC07HB2PROD with BILLS
49 

•S 4306 IS

1 (A) of section 14(c)(1) of the Fair Labor 

2 Standards Act of 1938 (29 U.S.C. 

3 214(c)(1)(a)) is amended to read as follows: 

4 ‘‘(A) at a rate that equals, or exceeds, for each 

5 year, the greater of— 

6 ‘‘(i)(I) $4.25 an hour, beginning 1 year 

7 after the date the wage rate specified in section 

8 6(a)(1)(A) takes effect; 

9 ‘‘(II) $6.40 an hour, beginning 2 years 

10 after such date; 

11 ‘‘(III) $8.55 an hour, beginning 3 years 

12 after such date; 

13 ‘‘(IV) $10.70 an hour, beginning 4 years 

14 after such date; 

15 ‘‘(V) $12.85 an hour, beginning 5 years 

16 after such date; and 

17 ‘‘(VI) the wage rate in effect under section 

18 6(a)(1), on the date that is 6 years after the 

19 date the wage rate specified in section 

20 6(a)(1)(A) takes effect; or 

21 ‘‘(ii) if applicable, the wage rate in effect 

22 on the day before the date of enactment of the 

23 Marshall Plan for Coal Country Act of 2020 for 

24 the employment, under a special certificate 

25 issued under this paragraph, of the individual 


pamtmann on DSKBC07HB2PROD with BILLS
50 

•S 4306 IS

1 for whom the wage rate is being determined 

2 under this subparagraph,’’. 

3 (B) PROHIBITION ON NEW SPECIAL CER4 TIFICATES; SUNSET.—Section 14(c) of the Fair 

5 Labor Standards Act of 1938 (29 U.S.C. 

6 214(c)) (as amended by subparagraph (A)) is 

7 further amended by adding at the end the fol8 lowing: 

9 ‘‘(6) PROHIBITION ON NEW SPECIAL CERTIFI10 CATES.—Notwithstanding paragraph (1), the Secretary 

11 shall not issue a special certificate under this subsection 

12 to an employer that was not issued a special certificate 

13 under this subsection before the date of enactment of the 

14 Marshall Plan for Coal Country Act of 2020. 

15 ‘‘(7) SUNSET.—Beginning on the day after the date 

16 on which the wage rate described in paragraph 

17 (1)(A)(i)(VI) takes effect, the authority to issue special 

18 certificates under paragraph (1) shall expire, and no spe19 cial certificates issued under paragraph (1) shall have any 

20 legal effect. 

21 ‘‘(8) TRANSITION ASSISTANCE.—Upon request, the 

22 Secretary shall provide— 

23 ‘‘(A) technical assistance and information to 

24 employers issued a special certificate under this sub25 section for the purposes of— 


pamtmann on DSKBC07HB2PROD with BILLS
51 

•S 4306 IS

1 ‘‘(i) transitioning the practices of such em2 ployers to comply with this subsection, as 

3 amended by the Marshall Plan for Coal Country 

4 Act of 2020; and 

5 ‘‘(ii) ensuring continuing employment op6 portunities for individuals with disabilities re7 ceiving a special minimum wage rate under this 

8 subsection; and 

9 ‘‘(B) information to individuals employed at a 

10 special minimum wage rate under this subsection, 

11 which may include referrals to Federal or State enti12 ties with expertise in competitive integrated employ13 ment.’’. 

14 (C) EFFECTIVE DATE.—The amendments 

15 made by this paragraph shall take effect on the 

16 date of enactment of this Act. 

17 (2) PUBLICATION OF NOTICE.— 

18 (A) AMENDMENT.—Subsection (i) of sec19 tion 6 of the Fair Labor Standards Act of 1938 

20 (29 U.S.C. 206), as amended by subsection 

21 (c)(2)(B), is further amended by striking ‘‘or 

22 section 14(c)(1)(A),’’. 

23 (B) EFFECTIVE DATE.—The amendment 

24 made by subparagraph (A) shall take effect on 

25 the day after the date on which the wage rate 


pamtmann on DSKBC07HB2PROD with BILLS
52 

•S 4306 IS

1 described in paragraph (1)(A)(i)(VI) of section 

2 14(c) of the Fair Labor Standards Act of 1938 

3 (29 U.S.C. 214(c)), as amended by paragraph 

4 (1)(A), takes effect. 

5 (f) GENERAL EFFECTIVE DATE.—Except as other6 wise provided in this Act or the amendments made by this 

7 Act, this Act and the amendments made by this Act shall 

8 take effect on the first day of the third month that begins 

9 after the date of enactment of this Act. 

10 SEC. 402. COAL COMMUNITY BENEFITS. 

11 (a) COAL COMMUNITY HOMEBUYING PROGRAM.— 

12 (1) DEFINITIONS.—In this subsection: 

13 (A) COVERED LOAN.—The term ‘‘covered 

14 loan’’ means a loan made under the Program. 

15 (B) DISABILITY.—The term ‘‘disability’’ 

16 has the meaning given the term in section 3 of 

17 the Americans with Disabilities Act of 1990 (42 

18 U.S.C. 12102). 

19 (C) ELIGIBLE ENTITY.—The term ‘‘eligible 

20 entity’’ means a State, a unit of general local 

21 government, or an Indian tribe. 

22 (D) ELIGIBLE HOUSEHOLD.—The term 

23 ‘‘eligible household’’ means a household located 

24 in a community that is located not more 50 

25 miles from a closed power plant of a coal mine. 


pamtmann on DSKBC07HB2PROD with BILLS
53 

•S 4306 IS

1 (E) GRANTEE.—The term ‘‘grantee’’ 

2 means an eligible entity that is awarded a Pro3 gram grant. 

4 (F) HOUSEHOLD.—The term ‘‘household’’ 

5 means any individual or group of individuals 

6 who are living together as 1 economic unit. 

7 (G) PROGRAM.—The term ‘‘Program’’ 

8 means the Coal Community Homebuying Pro9 gram established by the Secretary under para10 graph (2)(A). 

11 (H) PROGRAM GRANT.—The term ‘‘Pro12 gram grant’’ means a grant awarded under the 

13 Program. 

14 (I) SECRETARY.—The term ‘‘Secretary’’ 

15 means the Secretary of Housing and Urban De16 velopment. 

17 (2) PROGRAM.— 

18 (A) ESTABLISHMENT.—Not later than 6 

19 months after the date of enactment of this Act, 

20 the Secretary shall establish a program— 

21 (i) that shall be known as the Coal 

22 Community Homebuying Program; and 

23 (ii) under which the Secretary shall 

24 award grants to eligible entities that the 


pamtmann on DSKBC07HB2PROD with BILLS
54 

•S 4306 IS

1 eligible entities shall use to make loans to 

2 eligible households to purchase homes. 

3 (B) ELIGIBILITY.—An eligible entity desir4 ing a Program grant shall submit to the Sec5 retary an application at such time, in such 

6 manner, and containing such information as the 

7 Secretary may require. 

8 (C) PRIORITY.—In awarding Program 

9 grants, the Secretary shall give priority to eligi10 ble entities that will make loans to low-income 

11 eligible households, eligible households with an 

12 individual with a disability, and eligible house13 holds with children. 

14 (D) PROGRAM GRANTS.— 

15 (i) USE.—A grantee shall use funds 

16 awarded under a Program grant to make 

17 loans to eligible households. 

18 (ii) LIMITATION.—A loan made using 

19 funds awarded under a Program grant 

20 may not require a down payment. 

21 (iii) INTEREST RATE.—A loan made 

22 using funds awarded under a Program 

23 grant may be made at an interest rate of 

24 not more than 4 percent. 


pamtmann on DSKBC07HB2PROD with BILLS
55 

•S 4306 IS

1 (iv) ADMINISTRATIVE COSTS.—A 

2 grantee may use not more than 5 percent 

3 of the amount of funds received under a 

4 Program grant for administrative costs re5 lating to making loans to eligible home6 owners using funds awarded under the 

7 Program grant. 

8 (3) REPORTS.— 

9 (A) GRANTEE REPORTS.—Each grantee 

10 shall, not later than 6 months after the date on 

11 which the grantee is awarded a Program grant, 

12 and every 6 months thereafter in which the 

13 grantee makes loans using funds awarded under 

14 the Program grant, submit to the Secretary a 

15 report on the loans made using funds awarded 

16 under the Program grant. 

17 (B) HUD REPORTS.—Not later than 1 

18 year after the date on which the Secretary es19 tablishes the Program, and not less frequently 

20 than annually thereafter, the Secretary shall 

21 submit a report to the Committee on Banking, 

22 Housing, and Urban Affairs of the Senate and 

23 the Committee on Financial Services of the 

24 House of Representatives on the activities carVerDate Sep 11 2014 17:59 Aug 11, 2020 Jkt 099200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\S4306.IS S4306

pamtmann on DSKBC07HB2PROD with BILLS
56 

•S 4306 IS

1 ried out, grants awarded, and loans made under 

2 the Program. 

3 (4) REGULATIONS.—Not later than 6 months 

4 after the date of enactment of this Act, the Sec5 retary shall promulgate regulations to carry out the 

6 Program. 

7 (5) AUTHORIZATION OF APPROPRIATIONS.— 

8 There are authorized to be appropriated to the Sec9 retary for the period of fiscal years 2020 through 

10 2025 $5,000,000,000 to carry out the Program. 

11 (b) FREE HIGHER EDUCATION FOR IMPACTED INDI12 VIDUALS.— 

13 (1) DEFINITIONS.—In this section: 

14 (A) EMPLOYMENT LOSS.—The term ‘‘em15 ployment loss’’ means a discharge from employ16 ment other than a discharge for cause, vol17 untary departure, or retirement. 

18 (B) IMPACTED INDIVIDUAL.—The term 

19 ‘‘impacted individual’’ means an individual who 

20 has suffered an employment loss at a coal 

21 power plant or coal mine, or the son or daugh22 ter of an individual who has suffered an em23 ployment loss at a coal power plant or coal 

24 mine. 


pamtmann on DSKBC07HB2PROD with BILLS
57 

•S 4306 IS

1 (C) INSTITUTION OF HIGHER EDU2 CATION.—The term ‘‘institution of higher edu3 cation’’ has the meaning given the term in sec4 tion 102 of the Higher Education Act of 1965 

5 (20 U.S.C. 1002). 

6 (D) SECRETARY.—The term ‘‘Secretary’’ 

7 means the Secretary of Education. 

8 (2) IN GENERAL.—From amounts made avail9 able to carry out this subsection, the Secretary shall 

10 carry out a program of providing funds to impacted 

11 individuals to pay for the costs of tuition and fees 

12 for the impacted individuals to earn an associate de13 gree or baccalaureate degree, or to complete a career 

14 or technical education program, at a public institu15 tion of higher education. 

16 (3) APPLICATION PROCESS.—An impacted indi17 vidual desiring funds under this subsection shall 

18 submit an application to the Secretary at such time, 

19 in such manner, and containing such information 

20 and assurances as the Secretary may require. 

21 (4) AUTHORIZATION OF APPROPRIATIONS.— 

22 There are authorized to be appropriated to carry out 

23 this subsection $1,000,000,000 for each of fiscal 

24 years 2020 through 2025. 


pamtmann on DSKBC07HB2PROD with BILLS
58 

•S 4306 IS

1 SEC. 403. DECOMMISSIONING WORK. 

2 (a) REQUIREMENT.—The Worker Adjustment and 

3 Retraining Notification Act is amended by inserting after 

4 section 5 (29 U.S.C. 2104) the following: 

5 ‘‘SEC. 5A. DECOMMISSIONING WORK. 

6 ‘‘(a) DEFINITION.—In this section: 

7 ‘‘(1) COAL POWER PLANT.—The term ‘coal 

8 power plant’ means an electrical power generating 

9 station at which coal is the fuel that creates the heat 

10 energy of combustion. 

11 ‘‘(2) COVERED PLANT CLOSING.—The term 

12 ‘covered plant closing’ means a plant closing of a 

13 coal power plant. 

14 ‘‘(3) DECOMMISSIONING.—The term ‘decommis15 sioning’ means the process of shutting down a coal 

16 power plant (including removing equipment and ma17 terials, complying with permits, demolishing build18 ings as necessary, and cleaning up contamination) to 

19 support new use of the plant, in accordance with 

20 regulations issued by the Secretary of Energy after 

21 consultation with the Administrator of the Environ22 mental Protection Agency. 

23 ‘‘(b) REQUIREMENT.—(1) If an employer is required 

24 to serve written notice under section 3(a) with respect to 

25 a covered plant closing, the employer shall offer to enter 

26 into, and negotiate in good faith, an agreement with an 


pamtmann on DSKBC07HB2PROD with BILLS
59 

•S 4306 IS

1 employee representative described in paragraph (2), to en2 gage employees at the plant in employment related to de3 commissioning the plant. 

4 ‘‘(2) The employee representative may be a labor or5 ganization or another representative (whether or not se6 lected for the purposes of participating in the negotia7 tions).’’. 

8 (b) ENFORCEMENT.—Section 5 of the Worker Ad9 justment and Retraining Notification Act (29 U.S.C. 

10 2014) is amended— 

11 (1) in subsection (a)(4), by striking ‘‘this Act’’ 

12 each place it appears and inserting ‘‘section 3’’; 

13 (2) in the first sentence of subsection (b), by 

14 striking ‘‘this Act’’ and inserting ‘‘section 3’’; 

15 (3) by redesignating subsection (b) as sub16 section (c); and 

17 (4) by inserting after subsection (a) the fol18 lowing: 

19 ‘‘(b) FAILURE TO OFFER DECOMMISSIONING

20 WORK.—The Secretary may assess a civil penalty against 

21 an employer who violates the provisions of section 5A. The 

22 civil penalty shall be in amount based on the size of the 

23 business of the employer, measured as the average, over 

24 the past 10 years preceding the assessment, of the annual 


pamtmann on DSKBC07HB2PROD with BILLS
60 

•S 4306 IS

1 amount of property tax paid by the employer to the cor2 responding unit of local government.’’. 

3 (c) REGULATIONS.—Not later than 1 year after the 

4 date of enactment of this Act, the Secretary of Energy 

5 shall issue the regulations described in section 5A(a)(3) 

6 of the Worker Adjustment and Retraining Notification 

7 Act, as inserted by subsection (a). 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS