[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5222 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 5222

To establish the Energy Workers Compensation Fund to compensate energy 
                 workers for certain medical expenses.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            August 15, 2023

 Mr. Vasquez introduced the following bill; which was referred to the 
   Committee on Education and the Workforce, and in addition to the 
Committee on Ways and Means, for a period to be subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
        fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To establish the Energy Workers Compensation Fund to compensate energy 
                 workers for certain medical expenses.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Energy Workers Health Improvement 
and Compensation Fund Act''.

SEC. 2. 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.

SEC. 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.

SEC. 4. 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.
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