I 
117TH CONGRESS 
1ST SESSION H. R. 5821 
To provide additional benefits to American workers whose employment has 
been impacted as a result of the transition to a clean energy economy. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 2, 2021 
Mr. LEVIN of Michigan (for himself, Mr. TONKO, Mr. GARCI´A of Illinois, Mr. 
RASKIN, Mr. MCGOVERN, Ms. NEWMAN, Mr. COURTNEY, Mr. CASTEN, 
Mr. BOWMAN, Mr. LOWENTHAL, Ms. CASTOR of Florida, Ms. BONAMICI, 
Mr. GARAMENDI, Ms. BARRAGA´N, Ms. BLUNT ROCHESTER, and Mr. 
DESAULNIER) introduced the following bill; which was referred to the 
Committee on Education and Labor, and in addition to the Committee 
on Ways and Means, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To provide additional benefits to American workers whose 
employment has been impacted as a result of the transi-
tion to a clean energy economy. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘American Energy 
Worker Opportunity Act of 2021’’. 
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SEC. 2. OFFICE OF AMERICAN ENERGY WORKERS. 
(a) ESTABLISHMENT OF OFFICE.—Not later than 60 
days after the date of enactment of this Act, there shall 
be established within the Department of the Treasury an 
office to be known as the Office of American Energy 
Workers. The Office of American Energy Workers shall 
be headed by an Assistant Secretary who shall be ap-
pointed by the Secretary of the Treasury (referred to in 
this section as the ‘‘Secretary’’). 
(b) RESPONSIBILITIES OF ASSISTANT SECRETARY.— 
The Secretary, acting through the Assistant Secretary, 
shall be responsible for— 
(1) hiring personnel and making employment 
decisions with regard to such personnel; 
(2) issuing such regulations as may be nec-
essary to carry out the purposes of this section; 
(3) entering into cooperative agreements with 
other agencies and departments to ensure the effi-
ciency of the administration of this section; 
(4) determining eligibility for benefits provided 
under this section and providing such benefits to 
qualified individuals; 
(5) preventing fraud and abuse relating to such 
benefits; 
(6) establishing and maintaining a system of 
records relating to the administration of this section; 
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(7) ensuring that the Office of American En-
ergy Workers is designed a manner that maximizes 
efficiency and ease of use by qualified individuals, 
which may include establishment and deployment of 
mobile field or satellite offices within eligible coun-
ties (as defined by the Secretary); 
(8) consulting with the Secretary of Labor with 
respect to the benefits provided under this section to 
avoid duplication with other Federal programs to as-
sist qualified individuals; and 
(9) administering the programs established 
under this section. 
(c) AUTHORIZATION OF APPROPRIATIONS.—Begin-
ning in fiscal year 2022 and in each fiscal year thereafter, 
there is authorized to be appropriated, out of moneys in 
the Treasury not otherwise appropriated, such sums as 
may be necessary to administer the office established 
under subsection (a). 
(d) ADMINISTRATION.— 
(1) NOTIFICATION.— 
(A) IN GENERAL.—Not later than the date 
that is 90 days before the date of the closure 
of a coal mine or fossil-fuel intensive plant, the 
operator of such mine or plant shall provide no-
tice to the Secretary with respect to such clo-
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sure, including such information as is deter-
mined necessary by the Secretary to determine 
the eligibility of any former employee of such 
mine or plant for any benefits provided under 
this section, as well as the amount of such ben-
efits. 
(B) COMPLIANCE.—In determining compli-
ance with the notification requirement of sub-
paragraph (A), the Secretary shall confirm the 
compliance, as applicable, of the coal mine or 
fossil-fuel intensive plant with the notification 
requirements of the Worker Adjustment and 
Retraining Notification Act (29 U.S.C. 2101 et 
seq.) through communication with the Secretary 
of Labor and, as appropriate, the State or the 
chief elected official of the unit of local govern-
ment within which the closure of such coal mine 
or fossil-fuel intensive plant is to occur. 
(2) CLOSURE.—For purposes of this section, 
the term ‘‘closure’’ means— 
(A) with respect to any coal mine, any re-
duction in production occurring after the date 
of enactment of this Act which is accompanied 
by permanent layoffs; and 
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(B) with respect to any fossil-fuel intensive 
plant, the permanent closure of one or more 
generating units occurring after the date of en-
actment of this Act which is accompanied by 
permanent layoffs. 
(3) FOSSIL-FUEL INTENSIVE PLANT.—For pur-
poses of this section— 
(A) IN
GENERAL.—The term ‘‘fossil-fuel 
intensive plant’’ means a fixed facility for which 
the primary purpose is processing or utilization 
of fossil fuels for— 
(i) the generation of energy or electric 
power; or 
(ii) the production of fuels. 
(B) OIL REFINERIES.—The term ‘‘fossil- 
fuel intensive plant’’ shall include oil refineries. 
(4) QUALIFIED INDIVIDUAL.— 
(A) IN GENERAL.—For purposes of this 
section, 
the 
term 
‘‘qualified 
individual’’ 
means— 
(i) any individual— 
(I) whose employment was termi-
nated as the result of the closure of a 
coal mine or a fossil-fuel intensive 
plant; 
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(II) who, prior to such closure, 
was continually employed at such 
mine or plant— 
(aa) for a period of not less 
than 12 months; and 
(bb) for an average of not 
less than 30 hours a week during 
the 12-month period preceding 
such closure; and 
(III) for whom the applicable in-
formation has been provided to the 
Secretary pursuant to paragraph (1); 
and 
(ii) any individual who has been deter-
mined, pursuant to subparagraph (C), to 
be a fossil-fuel dependent worker. 
(B) RAILROAD
AND
ALLIED
INDUSTRIES 
WORKERS.—Pursuant to regulations issued by 
the Secretary, the term ‘‘qualified individual’’ 
shall include any individual— 
(i) whose employment as a railroad 
worker, or whose employment involves coal 
transportation, maintenance, and supply, 
was terminated; 
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(ii) whose income during the 12- 
month period preceding the closure of a 
coal mine or a fossil-fuel intensive plant 
has been substantially dependent on the 
continued operation of such mine or plant 
(as determined by the Secretary, in coordi-
nation with the Secretary of Labor); and 
(iii) who has applied for benefits pro-
vided under this section and has provided 
the Secretary with such information as de-
termined appropriate by the Secretary. 
(C) FOSSIL-FUEL DEPENDENT WORKER.— 
For purposes of subparagraph (A)(ii), the term 
‘‘fossil-fuel dependent worker’’ means an indi-
vidual who, as determined by the Secretary (in 
coordination with the Secretary of Labor and 
the Secretary of Energy), is— 
(i) employed in a fossil-fuel intensive 
industry at a fixed facility or work site 
which has been determined to be likely to 
close within the following 3-year-period; 
and 
(ii) eligible for benefits provided under 
this section based on need. 
(e) WAGE REPLACEMENT.— 
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(1) IN GENERAL.— 
(A) PAYMENT.—In the case of any quali-
fied individual, during the applicable period, the 
Secretary shall provide such individual with 
payments in an amount which, for each month 
during such period, is equal to— 
(i) the average amount of monthly re-
muneration for employment paid to such 
individual during the 12-month period 
prior to the termination of their employ-
ment (as described in subsection (d)(4)); 
minus 
(ii) an amount equal to the sum of— 
(I) except as provided under 
paragraph (5)(B), any wages (as de-
fined in section 3121(a)) received by 
such individual with respect to em-
ployment 
(as 
defined 
in 
section 
3121(b)) during such month; 
(II) any payments made to such 
individual pursuant to a Federal ben-
efit program during such month; plus 
(III) any unemployment com-
pensation (as defined in section 85(b) 
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of the Internal Revenue Code of 
1986) during such month. 
(B) NOTIFICATION.—During the applicable 
period, a qualified individual shall notify the 
Secretary with respect to any wages, payments, 
or compensation described in subparagraph 
(A)(ii). 
(C) COMPLIANCE.— 
(i) IN
GENERAL.—Notwithstanding 
section 6103 of the Internal Revenue Code 
of 1986, with respect to any qualified indi-
vidual who receives a payment under this 
subsection for any month, if the Secretary 
determines that such individual failed to 
comply with the requirement under sub-
paragraph (B) with respect to such month, 
such individual shall be subject to a pen-
alty in an amount equal to the lesser of— 
(I) the amount of such payment 
for such month; or 
(II) 
the 
amount 
determined 
under subparagraph (A)(ii) with re-
spect to such month. 
(ii) NO ADDITIONAL PAYMENTS.— 
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(I) IN
GENERAL.—No payment 
shall be allowed under this subsection 
for any month during the disallowance 
period. 
(II) DISALLOWANCE
PERIOD.— 
For purposes of subclause (I), the dis-
allowance period shall be any month 
during the applicable period beginning 
prior to the date on which an indi-
vidual described in clause (i) has 
made full payment with respect to any 
penalty imposed under such clause. 
(2) APPLICABLE PERIOD.—For purposes of this 
subsection, the term ‘‘applicable period’’ means, with 
respect to any qualified individual, the 60-month pe-
riod subsequent to the termination of their employ-
ment (as described in subsection (d)(4)). 
(3) FREQUENCY OF PAYMENT.—Any payment 
required to be provided to a qualified individual 
under this subsection shall be provided by the Sec-
retary on a basis which is not less frequent than 
once per month during the applicable period. 
(4) ADJUSTMENT FOR INFLATION.—For pur-
poses of any payment described in paragraph (1) 
which is provided to a qualified individual during a 
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calendar year beginning after the date that the em-
ployment of such individual was terminated, such 
amount shall be adjusted in a manner similar to the 
cost-of-living adjustment determined under section 
1(f)(3) of the Internal Revenue Code of 1986 for 
such calendar year. 
(5) TAX TREATMENT.—Any amount provided to 
a qualified individual under this subsection shall be 
treated as— 
(A) gross income for purposes of the Inter-
nal Revenue Code of 1986; and 
(B) for purposes of section 3101 of such 
Code, wages received by the individual with re-
spect to employment. 
(f) HEALTH INSURANCE BENEFITS.— 
(1) IN GENERAL.—The Secretary shall provide 
the following health insurance benefits: 
(A) In the case of a qualified individual 
who is receiving continuation coverage pursuant 
to part 6 of subtitle B of title I of the Em-
ployee Retirement Income Security Act of 1974 
(29 U.S.C. 1161 et seq.) and section 4980B of 
the Internal Revenue Code of 1986, the Sec-
retary shall transfer, each month, to the group 
health plan (or health insurance issuer offering 
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health insurance coverage in connection with 
such a plan) of such qualified individual, the 
amount required to cover the same percentage 
of the qualified individual’s monthly premium 
(including coverage for any qualified bene-
ficiaries) that such individual’s former employer 
contributed toward such premium during the 
individual’s employment. 
(B) In the case of a qualified individual 
who is not eligible for continuation coverage as 
described in subparagraph (A), the Secretary 
shall transfer to the qualified individual, each 
month, an amount equal to the amount that the 
individual’s former employer contributed each 
month towards premiums for enrollment of the 
individual and qualified beneficiaries in a group 
health plan (including any health insurance cov-
erage offered in connection with such a plan), 
adjusted in accordance with the average in-
crease in health insurance premiums for plans 
offered at the gold level of coverage (as de-
scribed in section 1302(d)(1) of the Patient 
Protection and Affordable Care Act (42 U.S.C. 
18022(d)(1))) in the individual market in the 
applicable State. This amount shall not be con-
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sidered as gross income for purposes of the In-
ternal Revenue Code of 1986 provided that the 
individual provides proof that it has been used 
to purchase health insurance coverage that 
qualifies as minimum essential coverage (as de-
fined in section 5000A(f) of the Internal Rev-
enue Code of 1986). 
(2) REDUCTION OF PREMIUMS PAYABLE BY IN-
DIVIDUALS.—In the case of a qualified individual 
and qualified beneficiaries receiving benefits de-
scribed in paragraph (1)(A) during the applicable 
period of coverage described in paragraph (3)(A), 
such individual and beneficiaries shall be treated for 
purposes of part 6 of subtitle B of title I of the Em-
ployee Retirement Income Security Act of 1974 (29 
U.S.C. 1161 et seq.) and section 4980B of the In-
ternal Revenue Code of 1986 as having paid in full 
the amount of such premium for a month if such 
qualified individual and qualified beneficiary pays 
the total monthly premium due, less the amount of 
benefits paid on behalf of such individual and bene-
ficiaries pursuant to paragraph (1)(A). 
(3) PERIOD OF COVERAGE WITH RESPECT TO 
COBRA CONTINUATION COVERAGE.—For purposes of 
this subsection, the following shall apply: 
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(A) IN
GENERAL.—Subject to subpara-
graph (B), with respect to a qualified individual 
or qualified beneficiary who is receiving con-
tinuation coverage pursuant to part 6 of sub-
title B of title I of the Employee Retirement In-
come Security Act of 1974 (29 U.S.C. 1161 et 
seq.) and 4980B of the Internal Revenue Code 
of 1986, the period of coverage described in sec-
tion 602(2) of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1162(2)) and 
section 4980B(f)(2)(B) of the Internal Revenue 
Code of 1986 is deemed to extend to the date 
which is 5 years after termination of the quali-
fied individual’s employment. 
(B) END
OF
PLAN.—With respect to a 
qualified individual and qualified beneficiaries 
described in subparagraph (A), if the employer 
ceases to provide any group health plan to any 
employee before the period of coverage de-
scribed in such subparagraph ends, or if the 
qualified individual and qualified beneficiaries 
become ineligible for continuation coverage 
(other than for reasons described in paragraph 
(4)(A)(ii)), such qualified individual and quali-
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fied beneficiaries shall be eligible for benefits 
described in paragraph (1)(B). 
(4) DURATION OF BENEFITS.— 
(A) BENEFITS WITH RESPECT TO COBRA 
CONTINUATION
COVERAGE.—The benefits de-
scribed in paragraph (1)(A) shall continue until 
the earlier of— 
(i) the date that is 5 years after clo-
sure of a coal mine or fossil-fuel intensive 
plant; or 
(ii) the date on which the qualified in-
dividual or qualified beneficiary becomes 
ineligible for continuation coverage pursu-
ant to subparagraph (C) or (D)(ii) of sec-
tion 602(2) of Employee Retirement In-
come Security Act of 1974 (29 U.S.C. 
1162(2)) or clause (iii) or (iv) of section 
4980B(f)(2)(B) of the Internal Revenue 
Code of 1986. 
(B) OTHER BENEFITS.—The benefits de-
scribed in paragraph (1)(B) shall continue until 
the date that is 5 years after closure of a coal 
mine or fossil-fuel intensive plant. 
(C) SPECIAL
RULE.—With respect to a 
qualified individual and qualified beneficiaries, 
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section 602(2)(C) of the Employee Retirement 
Income Security Act of 1974 and section 
4980B(f)(2)(B)(iii) of the Internal Revenue 
Code of 1986 shall apply only if, with respect 
to such individual and beneficiaries, at least 2 
consecutive premium payments are not made. 
(5) OUTREACH.—The Secretary of Labor, in 
consultation with the Secretary of the Treasury and 
the Secretary of Health and Human Services, shall 
provide outreach consisting of public education and 
enrollment assistance relating to premium assistance 
provided under this subsection, that targets employ-
ers, group health plan administrators, public assist-
ance programs, States, health insurance issuers, and 
other entities as determined appropriate by such 
Secretaries. Such outreach shall initially focus on in-
dividuals electing COBRA continuation coverage. In-
formation on premium assistance, including enroll-
ment, shall be made available on the websites of the 
Departments of Labor, Treasury, and Health and 
Human Services. 
(6) DEFINITIONS.—In this subsection— 
(A) the terms ‘‘group health plan’’, ‘‘health 
insurance coverage’’, and ‘‘health insurance 
issuer’’ have the meanings given such terms in 
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section 733 of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1191b); and 
(B) the term ‘‘qualified beneficiary’’ has 
the meaning given such term in section 
607(3)(A) of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1167(3)(A)). 
(g) RETIREMENT SAVINGS CONTRIBUTIONS.— 
(1) IN GENERAL.—In the case of a qualified in-
dividual, the Secretary shall pay to such individual 
amounts equal to the amount of employer contribu-
tions (other than elective deferrals) which were made 
to a qualified retirement plan (as defined in section 
4974(c) of the Internal Revenue Code of 1986) of 
the individual as of the last month the individual 
was employed by the employer. Such payments shall 
be made on the same schedule as employer contribu-
tions under the plan. 
(2) TAX TREATMENT OF CONTRIBUTIONS.—If 
the qualified individual demonstrates that the pay-
ments made under paragraph (1) are contributed to 
a qualified retirement plan (as so defined) of the in-
dividual, such payments shall be treated for pur-
poses of the Internal Revenue Code of 1986 as if 
they had been made as employer contributions. 
(h) EDUCATIONAL BENEFITS.— 
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(1) DEFINITIONS.—In this subsection: 
(A) CHILD.—The term ‘‘child’’ means, 
with respect to any qualified individual, a son 
or daughter of such individual. 
(B) PUBLIC, IN-STATE
INSTITUTION
OR 
VOCATIONAL
SCHOOL.—The term ‘‘public, in- 
State institution or vocational school’’ means a 
public institution of higher education (as de-
fined in section 101(a) of the Higher Education 
Act of 1965 (20 U.S.C. 1001(a))), or a public 
vocational school, of the State in which the 
qualified individual or child resides. 
(2) IN GENERAL.—The Secretary of Education 
shall carry out a program of educational assistance 
for any qualified individual and child of a qualified 
individual that is comparable to the program of edu-
cation assistance administered by the Secretary of 
Veterans Affairs under chapter 33 of title 38, 
United States Code, except that— 
(A) a qualified individual, and each child 
of a qualified individual, may receive the edu-
cational assistance provided under the program; 
and 
(B) the educational assistance shall only be 
available for use— 
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(i) at a public, in-State institution or 
vocational school; or 
(ii) for a program of training services 
included on the most recent list of eligible 
training programs issued under section 
122(d) of the Workforce Innovation and 
Opportunity Act (29 U.S.C. 3152(d)) by 
the Governor of the State in which the 
qualified individual or child of a qualified 
individual resides. 
(i) PRIORITY FOR EMPLOYMENT.—The Secretary, in 
coordination with the Secretary of Labor, the Secretary 
of Commerce, and the Secretary of Energy, shall, with re-
spect to any clean energy grants which are made available 
after the date of enactment of this Act, give priority to 
employers that intend to hire qualified individuals. 
(j) EFFECTIVE DATE.—This section shall take effect 
on the date of the establishment of the Office of American 
Energy Workers (as described in subsection (a)). 
Æ 
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