Short title

This Act may be cited as the

Energy Workers Health Improvement and Compensation Fund Act

Energy Workers Compensation Fund

(a)

Creation of trust fund

There is established in the Treasury of the United States a trust fund to be known as the Energy Workers Health Compensation Fund.(b)

Deposits

(1)

In general

Each oil company shall pay with respect to each calendar year (not later than March 31 of the calendar year immediately following such calendar year) an amount equal to the aggregate amounts paid as compensation (including the fair market value of any deferred compensation) to the 10 most highly paid (taking into account all compensation taken into account under this subsection) employees of such company during such calendar year. Such amounts shall be deposited into the Energy Workers Health Compensation Fund.(2)

Penalties for underpayments

If the Secretary of Labor determines that the amount paid by any oil company with respect to any calendar year is less than 98 percent of the amount properly determined under paragraph (1), such oil company shall pay an additional amount equal to 10 percent of such difference. Such amount shall be deposited into the Energy Workers Health Compensation Fund.(3)

Elective contributions

An oil company may contribute, in addition to any amount required to be paid under paragraph (1) or (2), an additional amount to the Energy Workers Health Compensation Fund not in excess of the amount required to be paid under paragraph (1).(4)

Tax treatment of contributions

No deduction shall be allowed under section 162 (or any other provision) of the Internal Revenue Code of 1986 for any amount required to be paid under paragraph (1) or (2) or any amount contributed to the Energy Workers Health Compensation Fund which is in excess of the amount permitted under paragraph (3).(c)

Expenditures

Amounts in the compensation fund shall be available to the Secretary of Labor, without need of further appropriation, for the purposes of section 3.

Compensation for medical expenses

(a)

In general

An eligible worker, or family member thereof, shall be entitled to compensation in order to reimburse such eligible worker (or family member thereof) for medical expenses, including copayments and costs not covered by private insurance, Medicare, or Medicaid, associated with—(1)asthma;(2)heat-related illness; and(3)other respiratory or cardiovascular diseases determined by the Secretary, in consultation with the Assistant Secretary of Labor for Occupational Safety and Health, to be associated with methane emissions, high levels of smog, and exposure to particulate matter and volatile organic compounds.(b)

Payment from trust fund

The compensation under this section shall be paid from the compensation fund established under section 2.(c)

Processing of claims

The Secretary shall provide the compensation to which an individual is entitled under subparagraph (a) in the order in which claims for compensation are received.

Improving health outcomes

(a)

Establishment

Not later than 90 days after the date of enactment of this Act, the Secretary shall establish and appoint all members of a commission on health outcomes of oil and gas workers.(b)

Membership

(1)

In general

The Commission shall be composed of members who represent diverse experiences and backgrounds that provide balanced points of view with regard to the duties of the Commission.(2)

Appointment

The Secretary shall appoint the members to the Commission, including representatives—(A)from—(i)the Department of Health and Human Services;(ii)the Department of Labor;(iii)the National Institutes of Health, who shall be a doctor who does research into the subject matter of the Commission;(iv)the Occupation Safety and Health Administration;(v)an immigration advocacy group; and(vi)a labor advocacy group; and(B)who are eligible workers employed by oil companies, including one such representative from each of the following States:(i)Alaska.(ii)Colorado.(iii)Louisiana.(iv)New Mexico.(v)North Dakota.(vi)Texas.(3)

Periods of appointment

Members shall be appointed for the duration of the Commission.(4)

Vacancies

A vacancy in the Commission shall be filled in the manner in which the original appointment was made and shall not affect the powers or duties of the Commission.(5)

Compensation

Commission members shall serve without compensation.(6)

Travel expenses

The Secretary shall consider the provision of travel expenses, including per diem, to Commission members when appropriate.(c)

Duties

(1)

In general

The Commission may hold such hearings, meet and act at times and places, take such testimony, and receive such evidence as the Commission considers to be advisable to carry out the duties of the Commission under this section.(2)

Recommendations for the Department of Labor

(A)

In general

The Commission shall develop recommendations to the Secretary on actions the Federal Government can take to study and improve health outcomes of oil and gas workers.(B)

Submission

Not later than 18 months after the enactment of this Act, the Commission shall make publicly available and submit all recommendations developed under this paragraph to—(i)the Secretary;(ii)the Committee on Energy and Natural Resources of the Senate;(iii)the Committee on Health, Education, Labor, and Pensions of the Senate;(iv)the Committee on Energy and Commerce of the House of Representatives; and(v)the Committee on Natural Resources of the House of Representatives.(C)

Secretarial response

Not later than 90 days after the date on which the Secretary receives the recommendations under paragraph (2), the Secretary shall make publicly available and submit a written response to the recommendations to—(i)the Commission;(ii)the Committee on Energy and Natural Resources of the Senate;(iii)the Committee on Health, Education, Labor, and Pensions of the Senate;(iv)the Committee on Energy and Commerce of the House of Representatives; and(v)the Committee on Natural Resources of the House of Representatives.

Report to Commission

Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary of Labor shall report to the Commission established under section 4(a) on the compensation fund, including—(1)deposits required under section 2(b); and(2)compensation paid under section 3.

Definitions

In this Act:(1)

Eligible worker

The term eligible worker means any individual who—(A)either—(i)works or has worked within or around a oil and gas extraction or exploration site for not less than 1 year; or(ii)lives or has lived within 20 miles of such a site for not less than 1 year; and(B)works or has worked for an oil company engaged in oil and gas extraction or exploration or for a company contracted to perform those duties.(2)

Family member

The term family member means the spouse, son, daughter, or parent of an eligible worker, if such spouse, son, daughter, or parent lives or has lived within 20 miles of an oil and gas extraction or exploration site for not less than 1 year.(3)

Oil company

The term oil company means a company engaged in oil or natural gas exploration or extraction with annual revenue greater than $50,000,000.(4)

Secretary

The term Secretary means the Secretary of Labor.(5)

Compensation fund

The term compensation fund means the Energy Workers Health Compensation Fund established under section 2.