[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4306 Introduced in Senate (IS)]
<DOC>
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Marshall Plan for
Coal Country Act of 2020''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
TITLE I--HEALTHCARE
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.
SEC. 2. FINDINGS.
Congress finds that--
(1) the United States is undergoing a rapid energy
transformation, particularly in the power sector;
(2) booming natural gas production, declining costs for
renewable energy, increases in energy efficiency, flattening
electricity demand, and updated clean air standards are
changing the way electricity is generated and used across the
country;
(3) the trends described in paragraph (2) are--
(A) producing cleaner air and healthier communities
and spurring new jobs and industries; but
(B) simultaneously impacting workers and
communities who have relied on the coal industry as a
source of good jobs and economic prosperity,
particularly in the Midwest and Appalachia; and
(4) a Marshall plan for the Midwest would make necessary
investments into communities that have powered the United
States and ensure that those communities are able to benefit
and prosper in the energy transition taking place in the United
States.
TITLE I--HEALTHCARE
SEC. 101. MEDICARE COVERAGE FOR INDIVIDUALS WHO LOST THEIR JOB AT A
COAL MINE OR COAL POWER PLANT.
Title XVIII of the Social Security Act is amended by inserting
after section 1881A the following new section:
``SEC. 1881B. MEDICARE COVERAGE FOR INDIVIDUALS WHO LOST THEIR JOB AT A
COAL MINE OR COAL POWER PLANT.
``(a) Deeming of Individuals as Eligible for Medicare Benefits.--
``(1) In general.--For purposes of eligibility for benefits
under this title, an individual determined under subsection (b)
to be an applicable individual be deemed to meet the conditions
specified in section 226(a).
``(2) Effective date of coverage.--An individual who is
deemed eligible for benefits under this title under paragraph
(1) shall be--
``(A) entitled to benefits under the program under
Part A as of the date of such deeming; and
``(B) eligible to enroll in the program under Part
B beginning with the month in which such deeming
occurs.
``(b) Determinations by the Commissioner of Social Security.--For
purposes of this section, the Commissioner of Social Security, in
consultation with the Secretary of Health and Human Services, and using
the cost allocation method prescribed in section 201(g), shall
determine whether individuals are applicable individuals. The
Commissioner shall begin to make such determinations as soon as
practicable after the date of enactment of this section.
``(c) Applicable Individual Defined.--For purposes of this section,
the term `applicable individual' means an individual who worked at a
coal mine or coal power plant and has lost their job (other than a
discharge for cause, voluntary departure, or retirement).''.
TITLE II--ECONOMIC DEVELOPMENT
SEC. 201. OFFICE OF ECONOMIC DEVELOPMENT AT THE DEPARTMENT OF ENERGY.
(a) In General.--Title II of the Department of Energy Organization
Act (42 U.S.C. 7131 et seq.) is amended by adding at the end the
following:
``SEC. 218. OFFICE OF ECONOMIC DEVELOPMENT.
``(a) Definition of Coal Community.--In this section, the term
`coal community' means a community that has a coal power plant or coal
mine that closed not earlier than January 1, 2010, and has not been
repurposed.
``(b) Establishment.--Not later than 1 year after the date of
enactment of this section, there shall be established within the
Department an Office of Economic Development (referred to in this
section as the `Office').
``(c) Mission.--The mission of the Office shall be to use the
technical expertise and financial resources of the Department to assist
a wide group of external stakeholders, including State and local
governments, private sector energy and manufacturing businesses,
nonprofit organizations, academic institutions, and labor unions,
with--
``(1) implementing Federal programs aimed at helping coal
communities;
``(2) developing and deploying clean energy in coal
communities; and
``(3) carrying out workforce training in coal communities.
``(d) Director.--
``(1) In general.--The Office shall be headed by a Director
(referred to in this section as the `Director'), who shall be
appointed by the President, by and with the advice and consent
of the Senate.
``(2) Duties of director.--The Director shall--
``(A) collaborate with National Laboratories to
establish partnerships between the Department and coal
communities for the purpose of matching skilled workers
to fill current and future energy jobs in the energy
sectors described in subsection (e);
``(B) engage stakeholders about assessment and
analysis of the skills necessary to fill those jobs;
and
``(C) carry out any other activity in support of
the mission of the Office described in subsection (c).
``(e) Energy Sectors Described.--The energy sectors referred to in
subsections (d)(2)(A) and (g)(1) are--
``(1) the electric power generation and fuel sector;
``(2) the transmission, distribution, and storage sector;
``(3) the energy efficiency sector;
``(4) the motor vehicle and component parts manufacturing
sector; and
``(5) any other energy sector determined by the Secretary.
``(f) Grant Specialists.--
``(1) In general.--The Director shall establish within the
Office a team of grant specialists (referred to in this
subsection as the `team') that shall--
``(A) assist with soliciting applications from coal
communities for grants administered by the Department
or any other relevant Federal agency that are for the
purpose of helping coal communities, including grants
made available under the Marshall Plan for Coal Country
Act of 2020 or by the amendments made by that Act;
``(B) provide technical assistance to coal
communities with applications for the grants described
in subparagraph (A); and
``(C) oversee the implementation of grant programs
authorized by the Marshall Plan for Coal Country Act of
2020 or by the amendments made by that Act.
``(2) Coal communities.--
``(A) In general.--Each specialist on the team
shall--
``(i) work with only 1 coal community at a
time; and
``(ii) to the maximum extent practicable,
reside in that coal community for the duration
of the work.
``(B) Minimum duration.--Each specialist on the
team shall work with a coal community for a period of
not less than 10 years.
``(C) Existing federal office.--If a Federal office
building exists in the coal community with which a
specialist on the team shall work, the Director may
consider locating the specialist in that office
building.
``(3) Team positions.--
``(A) In general.--The Director shall ensure that
the team comprises the number of grant specialists
necessary to assist coal communities.
``(B) Filling of vacancy.--A vacant position on the
team shall be filled not later than 90 days after the
date on which the position becomes vacant.
``(4) Collaboration.--The team shall collaborate with other
Federal and State agencies that implement programs aimed at
supporting coal communities.
``(g) Report.--The Director shall publish and make publicly
available an annual report, to be entitled the `U.S. Energy and
Employment Report', that--
``(1) provides consistent, usable data measuring job growth
throughout each energy sector described in subsection (e);
``(2) compiles analyses of the job skills necessary for
entry-level jobs in each of those energy sectors;
``(3) identifies barriers to entry (such as education,
training, and physical demands) to jobs in those energy
sectors;
``(4) designs strategies to eliminate or minimize the
barriers identified under paragraph (3); and
``(5) completes career pathway analysis ladders for each of
those energy sectors.''.
(b) Conforming Amendment.--The table of contents for the Department
of Energy Organization Act (Public Law 95-91; 91 Stat. 565) is amended
by inserting after the item relating to section 217 the following:
``Sec. 218. Office of Economic Development.''.
SEC. 202. COAL COMMUNITIES AS HUBZONES.
Section 31(b) of the Small Business Act (15 U.S.C. 657a(b)) is
amended--
(1) in paragraph (1)--
(A) in subparagraph (F), by striking ``or'' at the
end;
(B) in subparagraph (G), by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following:
``(H) qualified coal community areas.''; and
(2) in paragraph (3), by adding at the end the following:
``(G) Qualified coal community area.--
``(i) In general.--The term `qualified coal
community area'--
``(I) means a community--
``(aa) with a coal power
plant or coal mine that closed;
and
``(bb) that, following the
closure, experienced--
``(AA) an increase
in unemployment or
poverty; or
``(BB) a decrease
in the median income of
the community; and
``(II) includes any area within a
50-mile radius of the closed coal power
plant or coal mine.
``(ii) Limitation.--A community may only be
considered a qualified coal community area
during the 5-year period beginning on the date
on which the coal power plant or coal mine
closed.''.
SEC. 203. EXTENSION OF QUALIFYING ADVANCED ENERGY PROJECT CREDIT.
(a) In General.--Section 48C of the Internal Revenue Code of 1986
is amended--
(1) by redesignating subsection (e) as subsection (f), and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Additional Qualifying Advanced Energy Project Program.--
``(1) Establishment.--
``(A) In general.--Not later than 180 days after
the date of enactment of the Marshall Plan for Coal
Country Act of 2020, the Secretary, in consultation
with the Secretary of Energy, shall establish an
additional qualifying advanced energy project program
to consider and award certifications for qualified
investments eligible for credits under this section to
qualifying advanced energy project sponsors.
``(B) Limitation.--The total amount of credits that
may be allocated under the program described in
subparagraph (A) shall not exceed $5,000,000,000.
``(2) Certification and other rules.--Rules similar to the
rules of paragraphs (2) through (5) of subsection (d) shall
apply for purposes of this subsection.''.
(b) Conforming Amendment.--Section 48C(c)(1)(A)(ii) is amended by
inserting ``or (e)'' after ``subsection (d)''.
SEC. 204. SMALL BUSINESS LOANS FOR ENTREPRENEURS.
The Small Business Act (15 U.S.C. 631 et seq.) is amended--
(1) in section 7(a) (15 U.S.C. 636(a)), by adding at the
end the following:
``(36) Loans for former coal plant or coal mine workers.--
The Administrator, acting through the Director of the Office of
Coal Country Small Business described in section 49, may
guarantee loans under this subsection to individuals who lost
their jobs at a coal power plant or coal mine and seek to
establish a small business concern.'';
(2) by redesignating section 49 (15 U.S.C. 631 note) as
section 50; and
(3) by inserting after section 48 (15 U.S.C. 657u) the
following:
``SEC. 49. OFFICE OF COAL COUNTRY SMALL BUSINESS.
``(a) Establishment.--There is established within the
Administration the Office of Coal Country Small Business (in this
section referred to as the `Office').
``(b) Duties.--The Office will be responsible for--
``(1) providing business training, counseling, and access
to credit and capital to small business concerns owned and
controlled by former coal power plant or coal mine workers; and
``(2) administering the loan program under section
7(a)(36).
``(c) Director.--The Office shall be headed by the Director of the
Office of Coal Country Small Business, who shall--
``(1) be appointed by the President, by and with the advice
and consent of the Senate;
``(2) be a former coal mine worker; and
``(3) appoint a coal country specialist to be located at
each regional office of the Administration, who shall be
responsible for soliciting small business concerns to
participate in the loan program carried out under this section.
``(d) Location.--The Office shall be located in an area of the
United States that has been impacted by the decline of the coal
industry.''.
TITLE III--ENVIRONMENTAL CLEANUP
SEC. 301. ABANDONED MINE RECLAMATION.
(a) In General.--
(1) Economic revitalization for coal country.--
(A) In general.--Title IV of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1231 et
seq.) is amended by adding at the end the following:
``SEC. 416. ABANDONED MINE LAND ECONOMIC REVITALIZATION.
``(a) Purpose.--The purpose of this section is to promote economic
revitalization, diversification, and development in economically
distressed mining communities through the reclamation and restoration
of land and water resources adversely affected by coal mining carried
out before August 3, 1977.
``(b) In General.--From amounts deposited into the fund under
section 401(b) before October 1, 2007, and not otherwise appropriated
to the extent such funds are available, $200,000,000 shall be made
available to the Secretary, without further appropriation, for each of
fiscal years 2020 through 2024 for distribution to States and Indian
tribes in accordance with this section for reclamation and restoration
projects at sites identified as priorities under section 403(a):
Provided, That if less than $200,000,000 is available in any fiscal
year to the Secretary, such remaining amount shall be made available to
the Secretary, without further appropriation, and such fiscal year
shall end distributions made available under this section.
``(c) Use of Funds.--Funds distributed to a State or Indian tribe
under subsection (d) shall be used only for projects classified under
the priorities of section 403(a) that meet the following criteria:
``(1) Contribution to future economic or community
development.--
``(A) In general.--The project, upon completion of
reclamation, is intended to create favorable conditions
for the economic development of the project site or
create favorable conditions that promote the general
welfare through economic and community development of
the area in which the project is conducted.
``(B) Demonstration of conditions.--Such conditions
are demonstrated by--
``(i) documentation of the role of the
project in such area's economic development
strategy or other economic and community
development planning process;
``(ii) any other documentation of the
planned economic and community use of the
project site after the primary reclamation
activities are completed, which may include
contracts, agreements in principle, or other
evidence that, once reclaimed, the site is
reasonably anticipated to be used for one or
more industrial, commercial, residential,
agricultural, or recreational purposes; or
``(iii) any other documentation agreed to
by the State or Indian tribe that demonstrates
the project will meet the criteria set forth in
this subsection.
``(2) Location in economically distressed community
affected by recent decline in mining.--
``(A) In general.--The project will be conducted in
a community--
``(i) that has been adversely affected
economically by a recent reduction in coal
mining related activity, as demonstrated by
employment data, per capita income, or other
indicators of economic distress; or
``(ii)(I) that has historically relied on
coal mining for a substantial portion of its
economy; and
``(II) in which the economic contribution
of coal mining has significantly declined.
``(B) Submission and publication of evidence or
analysis.--Any evidence or analysis relied upon in
selecting the location of a project under this
subparagraph shall be submitted to the Secretary for
publication. The Secretary shall publish such evidence
or analysis in the Federal Register within 30 days
after receiving such submission.
``(3) Stakeholder collaboration.--
``(A) In general.--The project has been the subject
of project planning under subsection (g) and has been
the focus of collaboration, including partnerships, as
appropriate, with interested persons or local
organizations.
``(B) Public notice.--As part of project planning--
``(i) the public has been notified of the
project at minimum 30 days prior to submission
to the Office of Surface Mining Reclamation and
Enforcement and has been given an opportunity
to request a public meeting convened in a
community near the proposed project site; and
``(ii) the State or Indian tribe published
notice of the proposed project 30 days prior to
submission to the Office of Surface Mining
Reclamation and Enforcement and published
notice of requested public meetings in local
newspapers of general circulation, on the
internet, and by any other means considered
desirable by the Secretary.
``(C) Electronic notification.--The State or Indian
tribe established a way for interested persons to
receive electronically all public notices issued under
subparagraph (B) and any written declarations submitted
to the Secretary under paragraph (5).
``(4) Eligible applicants.--The project has been proposed
by entities of State, local, county, or tribal governments, or
local organizations, and will be approved and executed by State
or tribal programs, approved under section 405 or referred to
in section 402(g)(8)(B), which may include subcontracting
project-related activities, as appropriate.
``(5) Waiver.--If the State or Indian tribe--
``(A) cannot provide documentation described in
paragraph (1)(B) for a project conducted under a
priority stated in paragraph (1) or (2) of section
403(a), or
``(B) is unable to meet the requirements under
paragraph (2),
the State or Indian tribe shall submit a written declaration to
the Secretary requesting an exemption from the requirements of
those subparagraphs. The declaration must explain why achieving
favorable conditions for economic or community development at
the project site is not practicable, or why the requirements of
paragraph (2) cannot be met, and that sufficient funds
distributed annually under section 401 are not available to
implement the project. Such request for an exemption is deemed
to be approved, except the Secretary shall deny such request if
the Secretary determines the declaration to be substantially
inadequate. Any denial of such request shall be resolved at the
State's or Indian tribe's request through the procedures
described in subsection (e).
``(d) Distribution of Funds.--
``(1) Uncertified states.--
``(A) In general.--From the amount made available
in subsection (b), the Secretary shall distribute
$195,000,000 annually for each of fiscal years 2020
through 2024 to States and Indian tribes that have a
State or tribal program approved under section 405 or
are referred to in section 402(g)(8)(B), and have not
made a certification under section 411(a) in which the
Secretary has concurred, as follows:
``(i) Four-fifths of such amount shall be
distributed based on the proportion of the
amount of coal historically produced in each
State or from the lands of each Indian tribe
concerned before August 3, 1977.
``(ii) One-fifth of such amount shall be
distributed based on the proportion of
reclamation fees paid during the period of
fiscal years 2012 through 2016 for lands in
each State or lands of each Indian tribe
concerned.
``(B) Supplemental funds.--Funds distributed under
this section--
``(i) shall be in addition to, and shall
not affect, the amount of funds distributed--
``(I) to States and Indian tribes
under section 401(f); and
``(II) to States and Indian tribes
that have made a certification under
section 411(a) in which the Secretary
has concurred, subject to the cap
described in section 402(i)(3); and
``(ii) shall not reduce any funds
distributed to a State or Indian tribe by
reason of the application of section 402(g)(8).
``(2) Additional funding to certain states and indian
tribes.--
``(A) Eligibility.--From the amount made available
in subsection (b), the Secretary shall distribute
$5,000,000 annually for each of the five fiscal years
beginning with fiscal year 2020 to States and Indian
tribes that have a State program approved under section
405 and have made a certification under section 411(a)
in which the Secretary has concurred.
``(B) Application for funds.--Using the process in
section 405(f), any State or Indian tribe described in
subparagraph (A) may submit a grant application to the
Secretary for funds under this paragraph. The Secretary
shall review each grant application to confirm that the
projects identified in the application for funding are
eligible under subsection (c).
``(C) Distribution of funds.--The amount of funds
distributed to each State or Indian tribe under this
paragraph shall be determined by the Secretary based on
the demonstrated need for the funding to accomplish the
purpose of this section.
``(3) Reallocation of uncommitted funds.--
``(A) Committed defined.--For purposes of this
paragraph the term `committed'--
``(i) means that funds received by the
State or Indian tribe--
``(I) have been exclusively applied
to or reserved for a specific project
and therefore are not available for any
other purpose; or
``(II) have been expended or
designated by the State or Indian tribe
for the completion of a project;
``(ii) includes use of any amount for
project planning under subsection (g); and
``(iii) reflects an acknowledgment by
Congress that, based on the documentation
required under subsection (c)(2)(B), any
unanticipated delays to commit such funds that
are outside the control of the State or Indian
tribe concerned shall not affect its
allocations under this section.
``(B) Fiscal years 2023 and 2024.--For each of
fiscal years 2023 and 2024, the Secretary shall
reallocate in accordance with subparagraph (D) any
amount available for distribution under this subsection
that has not been committed to eligible projects in the
preceding 2 fiscal years, among the States and Indian
tribes that have committed to eligible projects the
full amount of their annual allocation for the
preceding fiscal year.
``(C) Fiscal year 2025.--For fiscal year 2025, the
Secretary shall reallocate in accordance with
subparagraph (D) any amount available for distribution
under this subsection that has not been committed to
eligible projects or distributed under paragraph
(1)(A), among the States and Indian tribes that have
committed to eligible projects the full amount of their
annual allocation for the preceding fiscal years.
``(D) Amount of reallocation.--The amount
reallocated to each State or Indian tribe under each of
subparagraphs (B) and (C) shall be determined by the
Secretary to reflect, to the extent practicable--
``(i) the proportion of unreclaimed
eligible lands and waters the State or Indian
tribe has in the inventory maintained under
section 403(c);
``(ii) the average of the proportion of
reclamation fees paid for lands in each State
or lands of each Indian tribe concerned; and
``(iii) the proportion of coal mining
employment loss incurred in the State or on
lands of the Indian tribe, respectively, as
determined by the Mine Safety and Health
Administration, over the 5-year period
preceding the fiscal year for which the
reallocation is made.
``(e) Resolution of Secretary's Concerns; Congressional
Notification.--If the Secretary does not agree with a State or Indian
tribe that a proposed project meets the criteria set forth in
subsection (c)--
``(1) the Secretary and the State or tribe shall meet and
confer for a period of not more than 45 days to resolve the
Secretary's concerns, except that such period may be shortened
by the Secretary if the Secretary's concerns are resolved;
``(2) during that period, at the State's or Indian tribe's
request, the Secretary may consult with any appropriate Federal
agency; and
``(3) at the end of that period, if the Secretary's
concerns are not resolved the Secretary shall provide to the
Committee on Natural Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate
an explanation of the concerns and such project proposal shall
not be eligible for funds distributed under this section.
``(f) Acid Mine Drainage Treatment.--
``(1) In general.--Subject to paragraph (2), a State or
Indian tribe that receives funds under this section may use up
to 30 percent of such funds as necessary to supplement the
State's or tribe's acid mine drainage abatement and treatment
fund established under section 402(g)(6)(A), for future
operation and maintenance costs for the treatment of acid mine
drainage associated with the individual projects funded under
this section. A State or Indian tribe shall specify the total
funds allotted for such costs in its application submitted
under subsection (d)(2)(B).
``(2) Condition.--A State or Indian tribe may use funds
under this subsection only if the State or tribe can
demonstrate that the annual grant distributed to the State or
tribe pursuant to section 401(f), including any interest from
the State's or tribe's acid mine drainage abatement and
treatment fund that is not used for the operation or
maintenance of preexisting acid mine drainage treatment
systems, is insufficient to fund the operation and maintenance
of any acid mine drainage treatment system associated with an
individual project funded under this section.
``(g) Project Planning and Administration.--
``(1) States and indian tribes.--A State or Indian tribe
may use up to 10 percent of its annual distribution under this
section for the costs of administering this section consistent
with existing practice under sections 401(c)(7) and
402(g)(1)(C) and the Office of Surface Mining Reclamation and
Enforcement Federal Assistance Manual.
``(2) Secretary.--The Secretary may expend, from amounts
made available to the Secretary under section 402(g)(3)(D), not
more than $3,000,000 during the fiscal years for which
distributions occur under subsection (b) for staffing and other
administrative expenses necessary to carry out this section.
``(h) Regulations and Guidelines.--To the extent necessary to
implement the provisions of this Act, the Secretary shall propose rules
or develop guidelines not later than 90 days following enactment of the
Marshall Plan for Coal Country Act of 2020 and shall publish them as
final rules or guidelines not later than 90 days thereafter. Within 60
days following the adoption of any such final rules or guidelines, the
Secretary shall distribute the funds under subsection (d). Furthermore,
project proposals under this Act shall be initially reviewed, vetted
and approved by OSMRE Field Offices within 45 days of receipt and
authorizations to proceed shall be issued by the Field Office within 45
days of request by the State or Tribe.
``(i) Report to Congress.--The Secretary shall provide to the
Committee on Natural Resources of the House of Representatives, the
Committees on Appropriations of the House of Representatives and the
Senate, and the Committee on Energy and Natural Resources of the Senate
at the end of each fiscal year for which such funds are distributed a
detailed report--
``(1) on the various projects that have been undertaken
with such funds;
``(2) the extent and degree of reclamation using such funds
that achieved the priorities described in paragraph (1) or (2)
of section 403(a);
``(3) the community and economic benefits that are
resulting from, or are expected to result from, the use of the
funds that achieved the priorities described in paragraph (3)
of section 403(a); and
``(4) the reduction since the previous report in the
inventory referred to in section 403(c).
``(j) Prohibition on Certain Use of Funds.--Any State or Indian
tribe that uses the funds distributed under this section for purposes
other than reclamation or drainage abatement expenditures, as made
eligible by section 404, and for the purposes authorized under
subsections (f) and (g), shall be barred from receiving any subsequent
funding under this section.''.
(B) Clerical amendment.--The table of contents in
the first section of the Surface Mining Control and
Reclamation Act of 1977 is amended by adding at the end
of the items relating to title IV the following:
``Sec. 416. Abandoned mine land economic revitalization.''.
(2) Technical and conforming amendments.--The Surface
Mining Control and Reclamation Act of 1977 is amended--
(A) in section 401(c) (30 U.S.C. 1231(c)), by
striking ``and'' after the semicolon at the end of
paragraph (10), by redesignating paragraph (11) as
paragraph (12), and by inserting after paragraph (10)
the following:
``(11) to implement section 416; and'';
(B) in section 401(d)(3) (30 U.S.C. 1231(d)(3)), by
striking ``subsection (f)'' and inserting ``subsection
(f) and section 416(a)'';
(C) in section 402(g) (30 U.S.C. 1232(g))--
(i) in paragraph (1), in the matter
preceding subparagraph (A), by inserting ``and
section 416'' after ``subsection (h)''; and
(ii) by adding at the end of paragraph (3)
the following:
``(F) For the purpose of section 416(d)(2)(A).'';
and
(D) in section 403(c) (30 U.S.C. 1233(c)), by
inserting after the second sentence the following: ``As
practicable, States and Indian tribes shall offer such
amendments based on the use of remote sensing, global
positioning systems, and other advanced
technologies.''.
(3) Minimum state payments.--Section 402(g)(8)(A) of the
Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1232(g)(8)(A)) is amended by striking ``$3,000,000'' and
inserting ``$5,000,000''.
(4) GAO study of use of funds.--Not later than 2 years
after the date of enactment of this Act, the Comptroller
General of the United States shall study and report to the
Congress on uses of funds authorized by the amendments made by
this subsection, including regarding--
(A) the solvency of the Abandoned Mine Reclamation
Fund created by section 401 of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1231);
and
(B) the impact of those uses on payments and
transfers under the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1201 et seq.) to--
(i) States for which a certification has
been made under section 411(a) of that Act (30
U.S.C. 1240a(a));
(ii) States for which such a certification
has not been made; and
(iii) transfers to United Mine Workers of
America Combined Benefit Fund under section
402(h)(2)(A) of that Act (30 U.S.C.
1232(h)(2)(A)).
(5) Payments to certified states not affected.--Nothing in
this subsection reduces or otherwise affects payments under
section 402(g) of the Surface Mining Reclamation and Control
Act of 1977 (30 U.S.C. 1232(g)) to States that have made a
certification under section 411(a) of that Act (30 U.S.C.
1240a(a)) in which the Secretary of the Interior has concurred.
(b) Additional Amendments to Surface Mining Control and Reclamation
Act of 1977.--
(1) Abandoned mine land reclamation fund.--Section
401(f)(2) of the Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1231(f)(2)) is amended--
(A) in subparagraph (A)--
(i) in the subparagraph heading, by
striking ``2022'' and inserting ``2037''; and
(ii) in the matter preceding clause (i), by
striking ``2022'' and inserting ``2037''; and
(B) in subparagraph (B)--
(i) in the subparagraph heading, by
striking ``2023'' and inserting ``2038'';
(ii) by striking ``2023'' and substituting
``2038''; and
(iii) by striking ``2022'' and inserting
``2037''.
(2) Emergency powers.--
(A) State reclamation program.--Section 405(d) of
the Surface Mining Control and Reclamation Act of 1977
(30 U.S.C. 1235(d)) is amended by striking ``sections
402 and 410 excepted'' and inserting ``section 402
excepted''.
(B) Delegation.--Section 410 of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1240) is
amended--
(i) in subsection (a), in the matter
preceding paragraph (1), by inserting ``,
including through reimbursement to a State or
Indian tribe as described in subsection (c),''
after ``moneys''; and
(ii) by adding at the end the following:
``(c) State and Indian Tribes.--A State or Indian tribe is eligible
to receive reimbursement from the Secretary under subsection (a) if the
State or Indian tribe has submitted to the Secretary as part of the
approved abandoned mine reclamation program of the State or Indian
tribe under section 405 an abandoned mine land emergency program.''.
(3) Reclamation fee.--
(A) Duration.--
(i) In general.--Section 402(b) of the
Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1232(b)) is amended by striking
``September 30, 2021'' and inserting
``September 30, 2036''.
(ii) Effective date.--The amendment made by
clause (i) shall take effect on the date that
is 90 days after the date of enactment of this
Act.
(B) Allocation of funds.--
(i) In general.--Section 402(g) of the
Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1232(g)) is amended--
(I) in paragraph (6)(A), by
striking ``paragraphs (1) and (5)'' and
inserting ``paragraphs (1), (5), and
(8)''; and
(II) by adding at the end the
following:
``(9) From amounts withheld pursuant to section 251A of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 901a) from payments to States under this title during
fiscal years 2013 through 2018, the Secretary shall distribute
for fiscal year 2019 an amount to each State equal to the total
amount so withheld.''.
(ii) Effective date.--The amendments made
by clause (i) shall take effect on September
30, 2020.
(4) Exempt programs and activities.--Section 255(g)(1)(A)
of the Balanced Budget and Emergency Deficit Control Act of
1985 (2 U.S.C. 905(g)(1)(A)) is amended by inserting after
``Payments to Social Security Trust Funds (28-0404-0-1-651).''
the following:
``Payments to States and Indian Tribes from the Abandoned
Mine Reclamation Fund, mandatory grants to States and Indian
Tribes (12-50q5-0-2-999).''.
SEC. 302. GRANT PROGRAM FOR COAL POWER PLANTS AND AFFILIATED
INFRASTRUCTURE.
(a) Grants for Coal Power Plants.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Energy shall make
grants to eligible coal power plants to pay the Federal share
of the costs of installing carbon capture technology, including
the costs of equipment.
(2) Eligibility.--To be eligible to receive a grant under
paragraph (1), a coal power plant--
(A) shall be capable of sequestering 500,000 tons
of carbon dioxide annually; and
(B)(i) shall have not less than 8 years of economic
operational life left, as determined by the Director of
the Office of Economic Development of the Department of
Energy under paragraph (3); or
(ii) would be required to shut down absent the
installation of carbon capture technology.
(3) Metrics for office of economic development
determination.--The Director of the Office of Economic
Development of the Department of Energy shall establish metrics
to determine how many years of economic life a coal power plant
has left under paragraph (2)(B)(i), based on data from--
(A) the Energy Information Administration;
(B) coal power plants;
(C) public utility commissions; and
(D) the Federal Energy Regulatory Commission.
(4) Federal share.--The Federal share of the costs
described in paragraph (1) shall be 100 percent.
(b) Loans and Loan Guarantees for Affiliated Infrastructure.--The
Secretary of Energy, acting through the Executive Director of the Loan
Programs Office of the Department of Energy, may provide not more than
a total of $15,000,000,000 in loans and loan guarantees to eligible
entities for the construction of pipeline infrastructure to transport
sequestered carbon dioxide to potential geologic storage resources for
carbon dioxide identified in the report prepared by the United States
Geological Survey entitled ``Geologic Framework for the National
Assessment of Carbon Dioxide Storage Resources''.
(c) Effect on Eligibility for Other Financial Assistance.--Nothing
in this section limits the eligibility of an entity that receives
assistance under this section for any other Federal assistance under
any other law.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 303. CONTRIBUTIONS TO EMPLOYEE BENEFIT PLANS AND ENVIRONMENTAL
CLEANUP COSTS IN BANKRUPTCY.
(a) Definitions.--Section 101 of title 11, United States Code, is
amended--
(1) by inserting after paragraph (5) the following:
``(5A) The term `coal company' means an entity that was
engaged in the trade or business of the production, refining,
or processing of coal during the 100-year period ending on the
date on which a case is commenced under this title with respect
to the entity.''; and
(2) by inserting after paragraph (15) the following:
``(15A) The term `environmental cleanup costs' means costs
associated with complying with the reclamation plan of a site
and any other requirements that a coal company is required to
meet, including under the Clean Air Act (42 U.S.C. 7401 et
seq.) and the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.) (commonly referred to as the `Clean Water
Act').''.
(b) Priorities.--Section 507 of title 11, United States Code, is
amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``The following'' and inserting ``Except as
provided in subsection (e), the following''; and
(2) by adding at the end the following:
``(e) In a case commenced under this title with respect to a coal
company--
``(1) allowed unsecured claims described in subsection
(a)(5) shall have first priority;
``(2) allowed unsecured claims for environmental cleanup
costs shall have second priority;
``(3) expenses and claims described in paragraphs (1)
through (4) of subsection (a) shall have third through sixth
priority, respectively; and
``(4) expenses and claims described in paragraphs (6)
through (10) of subsection (a) shall have seventh through
eleventh priority, respectively.''.
(c) Applicability.--The amendments made by this section shall only
apply to a case commenced under title 11, United States Code, on or
after the date of enactment of this Act.
SEC. 304. SECURITIZATION.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Energy shall establish a program to make
grants to States that satisfy the requirements under subsection (b) in
an amount determined under subsection (c).
(b) Requirements.--A State is eligible to receive a grant under
this section if the State--
(1) has filed with the Secretary of Energy an application
at such time, in such manner, and containing such information
as the Secretary of Energy may require, and
(2) has established a program that allows owners of coal
power plants within such State to shut down such plants prior
to the taxable year in which the total cost of such plant would
be fully depreciated through the issuance of ratepayer-backed
bonds.
(c) Amount of Grant.--The amount of the grant made to any State
shall be equal to 50 percent of the amount expended by the State for
the program described in subsection (b)(2).
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
TITLE IV--WORKFORCE
SEC. 401. MINIMUM WAGE INCREASES.
(a) Minimum Wage Increases.--
(1) In general.--Section 6(a)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended to read
as follows:
``(1) except as otherwise provided in this section, not
less than--
``(A) $8.55 an hour, beginning on the effective
date under section 401(f) of the Marshall Plan for Coal
Country Act of 2020;
``(B) $9.85 an hour, beginning 1 year after such
effective date;
``(C) $11.15 an hour, beginning 2 years after such
effective date;
``(D) $12.45 an hour, beginning 3 years after such
effective date;
``(E) $13.75 an hour, beginning 4 years after such
effective date;
``(F) $15.00 an hour, beginning 5 years after such
effective date; and
``(G) beginning on the date that is 6 years after
such effective date, and annually thereafter, the
amount determined by the Secretary under subsection
(h);''.
(2) Determination based on increase in the median hourly
wage of all employees.--Section 6 of the Fair Labor Standards
Act of 1938 (29 U.S.C. 206) is amended by adding at the end the
following:
``(h)(1) Not later than each date that is 90 days before a new
minimum wage rate determined under subsection (a)(1)(G) is to take
effect, the Secretary shall determine the minimum wage rate to be in
effect under this subsection for each period described in subsection
(a)(1)(G). The wage rate determined under this subsection for a year
shall be--
``(A) not less than the amount in effect under subsection
(a)(1) on the date of such determination;
``(B) increased from such amount by the annual percentage
increase, if any, in the median hourly wage of all employees as
determined by the Bureau of Labor Statistics; and
``(C) rounded up to the nearest multiple of $0.05.
``(2) In calculating the annual percentage increase in the median
hourly wage rate of all employees for purposes of paragraph (1)(B), the
Secretary, through the Bureau of Labor Statistics, shall compile data
on the hourly wages of all employees to determine such a median hourly
wage and compare such median hourly wage for the most recent year for
which data are available with the median hourly wage determined for the
preceding year.''.
(b) Tipped Employees.--
(1) Base minimum wage for tipped employees and tips
retained by employees.--Section 3(m)(2)(A)(i) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203(m)(2)(A)(i)) is amended to
read as follows:
``(i) the cash wage rate paid such employee, which for
purposes of such determination shall be not less than--
``(I) for the 1-year period beginning on the
effective date under section 401 of the Marshall Plan
for Coal Country Act of 2020, $3.60 an hour;
``(II) for each succeeding 1-year period until the
wage rate under this clause equals the wage rate in
effect under section 6(a)(1) for such period, an hourly
wage equal to the amount determined under this clause
for the preceding year, increased by the lesser of--
``(aa) $1.50; or
``(bb) the amount necessary for the wage
rate in effect under this clause to equal the
wage rate in effect under section 6(a)(1) for
such period, rounded up to the nearest multiple
of $0.05; and
``(III) for each succeeding 1-year period after the
increase made pursuant to subclause (II), the minimum
wage rate in effect under section 6(a)(1); and''.
(2) Tips retained by employees.--Section 3(m)(2)(A) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)(2)(A)) is
amended--
(A) in the second sentence of the matter following
clause (ii), by striking ``of this subsection, and all
tips received by such employee have been retained by
the employee'' and inserting ``of this subsection. Any
employee shall have the right to retain any tips
received by such employee''; and
(B) by adding at the end the following: ``An
employer shall inform each employee of the right and
exception provided under the preceding sentence.''.
(3) Scheduled repeal of separate minimum wage for tipped
employees.--
(A) Tipped employees.--Section 3(m)(2)(A) of the
Fair Labor Standards Act of 1938 (29 U.S.C.
203(m)(2)(A)), as amended by paragraphs (1) and (2), is
further amended by striking the sentence beginning with
``In determining the wage an employer is required to
pay a tipped employee,'' and all that follows through
``of this subsection.'' and inserting ``The wage rate
required to be paid to a tipped employee shall be the
wage rate set forth in section 6(a)(1).''.
(B) Publication of notice.--Subsection (i) of
section 6 of the Fair Labor Standards Act of 1938 (29
U.S.C. 206), as amended by subsection (d), is further
amended by striking ``or in accordance with subclause
(II) or (III) of section 3(m)(2)(A)(i)''.
(C) Effective date.--The amendments made by
subparagraphs (A) and (B) shall take effect on the date
that is one day after the date on which the hourly wage
under subclause (III) of section 3(m)(2)(A)(i) of the
Fair Labor Standards Act of 1938 (29 U.S.C.
203(m)(2)(A)(i)), as amended by paragraph (1), takes
effect.
(c) Newly Hired Employees Who Are Less Than 20 Years Old.--
(1) Base minimum wage for newly hired employees who are
less than 20 years old.--Section 6(g)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(g)(1)) is amended by
striking ``a wage which is not less than $4.25 an hour.'' and
inserting the following: ``a wage at a rate that is not less
than--
``(A) for the 1-year period beginning on the effective date
under section 7 of the Marshall Plan for Coal Country Act of
2020, $5.50 an hour;
``(B) for each succeeding 1-year period until the hourly
wage under this paragraph equals the hourly wage in effect
under section 6(a)(1) for such period, an hourly wage equal to
the amount determined under this paragraph for the preceding
year, increased by the lesser of--
``(i) $1.25; or
``(ii) the amount necessary for the wage rate in
effect under this paragraph to equal the wage rate in
effect under section 6(a)(1) for such period, rounded
up to the nearest multiple of $0.05; and
``(C) for each succeeding 1-year period after the increase
made pursuant to subparagraph (B)(ii), the minimum wage rate in
effect under section 6(a)(1).''.
(2) Scheduled repeal of separate minimum wage for newly
hired employees who are less than 20 years old.--
(A) In general.--Section 6(g)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(g)(1)), as amended
by paragraph (1), shall be repealed.
(B) Publication of notice.--Subsection (i) of
section 6 of the Fair Labor Standards Act of 1938 (29
U.S.C. 206), as amended by subsection (b)(3)(B), is
further amended by striking ``or subparagraph (B) or
(C) of subsection (g)(1),''.
(C) Effective date.--The repeal and amendment made
by subparagraphs (A) and (B), respectively, shall take
effect on the date that is one day after the date on
which the wage rate under subparagraph (C) of section
6(g)(1) of the Fair Labor Standards Act of 1938 (29
U.S.C. 206(g)(1)), as amended by paragraph (1), takes
effect.
(d) Publication of Notice.--Section 6 of the Fair Labor Standards
Act of 1938 (29 U.S.C. 206), as amended by the preceding subsections,
is further amended by adding at the end the following:
``(i) Not later than 60 days prior to the effective date of any
increase in the required wage rate determined under subsection (a)(1)
or subparagraph (B) or (C) of subsection (g)(1), or in accordance with
subclause (II) or (III) of section 3(m)(2)(A)(i) or section
14(c)(1)(A), the Secretary shall publish in the Federal Register and on
the website of the Department of Labor a notice announcing each
increase in such required wage rate.''.
(e) Promoting Economic Self-Sufficiency for Individuals With
Disabilities.--
(1) Wages.--
(A) Transition to fair wages for individuals with
disabilities.--Subparagraph (A) of section 14(c)(1) of
the Fair Labor Standards Act of 1938 (29 U.S.C.
214(c)(1)(a)) is amended to read as follows:
``(A) at a rate that equals, or exceeds, for each year, the
greater of--
``(i)(I) $4.25 an hour, beginning 1 year after the
date the wage rate specified in section 6(a)(1)(A)
takes effect;
``(II) $6.40 an hour, beginning 2 years after such
date;
``(III) $8.55 an hour, beginning 3 years after such
date;
``(IV) $10.70 an hour, beginning 4 years after such
date;
``(V) $12.85 an hour, beginning 5 years after such
date; and
``(VI) the wage rate in effect under section
6(a)(1), on the date that is 6 years after the date the
wage rate specified in section 6(a)(1)(A) takes effect;
or
``(ii) if applicable, the wage rate in effect on
the day before the date of enactment of the Marshall
Plan for Coal Country Act of 2020 for the employment,
under a special certificate issued under this
paragraph, of the individual for whom the wage rate is
being determined under this subparagraph,''.
(B) Prohibition on new special certificates;
sunset.--Section 14(c) of the Fair Labor Standards Act
of 1938 (29 U.S.C. 214(c)) (as amended by subparagraph
(A)) is further amended by adding at the end the
following:
``(6) Prohibition on New Special Certificates.--Notwithstanding
paragraph (1), the Secretary shall not issue a special certificate
under this subsection to an employer that was not issued a special
certificate under this subsection before the date of enactment of the
Marshall Plan for Coal Country Act of 2020.
``(7) Sunset.--Beginning on the day after the date on which the
wage rate described in paragraph (1)(A)(i)(VI) takes effect, the
authority to issue special certificates under paragraph (1) shall
expire, and no special certificates issued under paragraph (1) shall
have any legal effect.
``(8) Transition Assistance.--Upon request, the Secretary shall
provide--
``(A) technical assistance and information to employers
issued a special certificate under this subsection for the
purposes of--
``(i) transitioning the practices of such employers
to comply with this subsection, as amended by the
Marshall Plan for Coal Country Act of 2020; and
``(ii) ensuring continuing employment opportunities
for individuals with disabilities receiving a special
minimum wage rate under this subsection; and
``(B) information to individuals employed at a special
minimum wage rate under this subsection, which may include
referrals to Federal or State entities with expertise in
competitive integrated employment.''.
(C) Effective date.--The amendments made by this
paragraph shall take effect on the date of enactment of
this Act.
(2) Publication of notice.--
(A) Amendment.--Subsection (i) of section 6 of the
Fair Labor Standards Act of 1938 (29 U.S.C. 206), as
amended by subsection (c)(2)(B), is further amended by
striking ``or section 14(c)(1)(A),''.
(B) Effective date.--The amendment made by
subparagraph (A) shall take effect on the day after the
date on which the wage rate described in paragraph
(1)(A)(i)(VI) of section 14(c) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 214(c)), as amended by
paragraph (1)(A), takes effect.
(f) General Effective Date.--Except as otherwise provided in this
Act or the amendments made by this Act, this Act and the amendments
made by this Act shall take effect on the first day of the third month
that begins after the date of enactment of this Act.
SEC. 402. COAL COMMUNITY BENEFITS.
(a) Coal Community Homebuying Program.--
(1) Definitions.--In this subsection:
(A) Covered loan.--The term ``covered loan'' means
a loan made under the Program.
(B) Disability.--The term ``disability'' has the
meaning given the term in section 3 of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12102).
(C) Eligible entity.--The term ``eligible entity''
means a State, a unit of general local government, or
an Indian tribe.
(D) Eligible household.--The term ``eligible
household'' means a household located in a community
that is located not more 50 miles from a closed power
plant of a coal mine.
(E) Grantee.--The term ``grantee'' means an
eligible entity that is awarded a Program grant.
(F) Household.--The term ``household'' means any
individual or group of individuals who are living
together as 1 economic unit.
(G) Program.--The term ``Program'' means the Coal
Community Homebuying Program established by the
Secretary under paragraph (2)(A).
(H) Program grant.--The term ``Program grant''
means a grant awarded under the Program.
(I) Secretary.--The term ``Secretary'' means the
Secretary of Housing and Urban Development.
(2) Program.--
(A) Establishment.--Not later than 6 months after
the date of enactment of this Act, the Secretary shall
establish a program--
(i) that shall be known as the Coal
Community Homebuying Program; and
(ii) under which the Secretary shall award
grants to eligible entities that the eligible
entities shall use to make loans to eligible
households to purchase homes.
(B) Eligibility.--An eligible entity desiring a
Program grant shall submit to the Secretary an
application at such time, in such manner, and
containing such information as the Secretary may
require.
(C) Priority.--In awarding Program grants, the
Secretary shall give priority to eligible entities that
will make loans to low-income eligible households,
eligible households with an individual with a
disability, and eligible households with children.
(D) Program grants.--
(i) Use.--A grantee shall use funds awarded
under a Program grant to make loans to eligible
households.
(ii) Limitation.--A loan made using funds
awarded under a Program grant may not require a
down payment.
(iii) Interest rate.--A loan made using
funds awarded under a Program grant may be made
at an interest rate of not more than 4 percent.
(iv) Administrative costs.--A grantee may
use not more than 5 percent of the amount of
funds received under a Program grant for
administrative costs relating to making loans
to eligible homeowners using funds awarded
under the Program grant.
(3) Reports.--
(A) Grantee reports.--Each grantee shall, not later
than 6 months after the date on which the grantee is
awarded a Program grant, and every 6 months thereafter
in which the grantee makes loans using funds awarded
under the Program grant, submit to the Secretary a
report on the loans made using funds awarded under the
Program grant.
(B) HUD reports.--Not later than 1 year after the
date on which the Secretary establishes the Program,
and not less frequently than annually thereafter, the
Secretary shall submit a report to the Committee on
Banking, Housing, and Urban Affairs of the Senate and
the Committee on Financial Services of the House of
Representatives on the activities carried out, grants
awarded, and loans made under the Program.
(4) Regulations.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall promulgate
regulations to carry out the Program.
(5) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary for the period of fiscal
years 2020 through 2025 $5,000,000,000 to carry out the
Program.
(b) Free Higher Education for Impacted Individuals.--
(1) Definitions.--In this section:
(A) Employment loss.--The term ``employment loss''
means a discharge from employment other than a
discharge for cause, voluntary departure, or
retirement.
(B) Impacted individual.--The term ``impacted
individual'' means an individual who has suffered an
employment loss at a coal power plant or coal mine, or
the son or daughter of an individual who has suffered
an employment loss at a coal power plant or coal mine.
(C) Institution of higher education.--The term
``institution of higher education'' has the meaning
given the term in section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002).
(D) Secretary.--The term ``Secretary'' means the
Secretary of Education.
(2) In general.--From amounts made available to carry out
this subsection, the Secretary shall carry out a program of
providing funds to impacted individuals to pay for the costs of
tuition and fees for the impacted individuals to earn an
associate degree or baccalaureate degree, or to complete a
career or technical education program, at a public institution
of higher education.
(3) Application process.--An impacted individual desiring
funds under this subsection shall submit an application to the
Secretary at such time, in such manner, and containing such
information and assurances as the Secretary may require.
(4) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection $1,000,000,000
for each of fiscal years 2020 through 2025.
SEC. 403. DECOMMISSIONING WORK.
(a) Requirement.--The Worker Adjustment and Retraining Notification
Act is amended by inserting after section 5 (29 U.S.C. 2104) the
following:
``SEC. 5A. DECOMMISSIONING WORK.
``(a) Definition.--In this section:
``(1) Coal power plant.--The term `coal power plant' means
an electrical power generating station at which coal is the
fuel that creates the heat energy of combustion.
``(2) Covered plant closing.--The term `covered plant
closing' means a plant closing of a coal power plant.
``(3) Decommissioning.--The term `decommissioning' means
the process of shutting down a coal power plant (including
removing equipment and materials, complying with permits,
demolishing buildings as necessary, and cleaning up
contamination) to support new use of the plant, in accordance
with regulations issued by the Secretary of Energy after
consultation with the Administrator of the Environmental
Protection Agency.
``(b) Requirement.--(1) If an employer is required to serve written
notice under section 3(a) with respect to a covered plant closing, the
employer shall offer to enter into, and negotiate in good faith, an
agreement with an employee representative described in paragraph (2),
to engage employees at the plant in employment related to
decommissioning the plant.
``(2) The employee representative may be a labor organization or
another representative (whether or not selected for the purposes of
participating in the negotiations).''.
(b) Enforcement.--Section 5 of the Worker Adjustment and Retraining
Notification Act (29 U.S.C. 2014) is amended--
(1) in subsection (a)(4), by striking ``this Act'' each
place it appears and inserting ``section 3'';
(2) in the first sentence of subsection (b), by striking
``this Act'' and inserting ``section 3'';
(3) by redesignating subsection (b) as subsection (c); and
(4) by inserting after subsection (a) the following:
``(b) Failure To Offer Decommissioning Work.--The Secretary may
assess a civil penalty against an employer who violates the provisions
of section 5A. The civil penalty shall be in amount based on the size
of the business of the employer, measured as the average, over the past
10 years preceding the assessment, of the annual amount of property tax
paid by the employer to the corresponding unit of local government.''.
(c) Regulations.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Energy shall issue the regulations
described in section 5A(a)(3) of the Worker Adjustment and Retraining
Notification Act, as inserted by subsection (a).
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