I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Energy Workers 

5 Health Improvement and Compensation Fund Act’’. 

6 SEC. 2. ENERGY WORKERS COMPENSATION FUND. 

7 (a) CREATION OF TRUST FUND.—There is estab8 lished in the Treasury of the United States a trust fund 


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1 to be known as the ‘‘Energy Workers Health Compensa2 tion Fund’’. 

3 (b) DEPOSITS.— 

4 (1) IN GENERAL.—Each oil company shall pay 

5 with respect to each calendar year (not later than 

6 March 31 of the calendar year immediately following 

7 such calendar year) an amount equal to the aggre8 gate amounts paid as compensation (including the 

9 fair market value of any deferred compensation) to 

10 the 10 most highly paid (taking into account all 

11 compensation taken into account under this sub12 section) employees of such company during such cal13 endar year. Such amounts shall be deposited into the 

14 Energy Workers Health Compensation Fund. 

15 (2) PENALTIES FOR UNDERPAYMENTS.—If the 

16 Secretary of Labor determines that the amount paid 

17 by any oil company with respect to any calendar 

18 year is less than 98 percent of the amount properly 

19 determined under paragraph (1), such oil company 

20 shall pay an additional amount equal to 10 percent 

21 of such difference. Such amount shall be deposited 

22 into the Energy Workers Health Compensation 

23 Fund. 

24 (3) ELECTIVE CONTRIBUTIONS.—An oil com25 pany may contribute, in addition to any amount reVerDate Sep 11 2014 01:29 Aug 25, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5222.IH H5222

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1 quired to be paid under paragraph (1) or (2), an ad2 ditional amount to the Energy Workers Health Com3 pensation Fund not in excess of the amount required 

4 to be paid under paragraph (1). 

5 (4) TAX TREATMENT OF CONTRIBUTIONS.—No 

6 deduction shall be allowed under section 162 (or any 

7 other provision) of the Internal Revenue Code of 

8 1986 for any amount required to be paid under 

9 paragraph (1) or (2) or any amount contributed to 

10 the Energy Workers Health Compensation Fund 

11 which is in excess of the amount permitted under 

12 paragraph (3). 

13 (c) EXPENDITURES.—Amounts in the compensation 

14 fund shall be available to the Secretary of Labor, without 

15 need of further appropriation, for the purposes of section 

16 3. 

17 SEC. 3. COMPENSATION FOR MEDICAL EXPENSES. 

18 (a) IN GENERAL.—An eligible worker, or family 

19 member thereof, shall be entitled to compensation in order 

20 to reimburse such eligible worker (or family member there21 of) for medical expenses, including copayments and costs 

22 not covered by private insurance, Medicare, or Medicaid, 

23 associated with— 

24 (1) asthma; 

25 (2) heat-related illness; and 


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1 (3) other respiratory or cardiovascular diseases 

2 determined by the Secretary, in consultation with 

3 the Assistant Secretary of Labor for Occupational 

4 Safety and Health, to be associated with methane 

5 emissions, high levels of smog, and exposure to par6 ticulate matter and volatile organic compounds. 

7 (b) PAYMENT FROM TRUST FUND.—The compensa8 tion under this section shall be paid from the compensa9 tion fund established under section 2. 

10 (c) PROCESSING OF CLAIMS.—The Secretary shall 

11 provide the compensation to which an individual is entitled 

12 under subparagraph (a) in the order in which claims for 

13 compensation are received. 

14 SEC. 4. DEFINITIONS. 

15 In this Act: 

16 (1) ELIGIBLE WORKER.—The term ‘‘eligible 

17 worker’’ means any individual who— 

18 (A) either— 

19 (i) works or has worked within or 

20 around a oil and gas extraction or explo21 ration site for not less than 1 year; or 

22 (ii) lives or has lived within 20 miles 

23 of such a site for not less than 1 year; and 

24 (B) works or has worked for an oil com25 pany engaged in oil and gas extraction or exploVerDate Sep 11 2014 01:29 Aug 25, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5222.IH H5222

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1 ration or for a company contracted to perform 

2 those duties. 

3 (2) FAMILY MEMBER.—The term ‘‘family mem4 ber’’ means the spouse, son, daughter, or parent of 

5 an eligible worker, if such spouse, son, daughter, or 

6 parent lives or has lived within 20 miles of an oil 

7 and gas extraction or exploration site for not less 

8 than 1 year. 

9 (3) OIL COMPANY.—The term ‘‘oil company’’ 

10 means a company engaged in oil or natural gas ex11 ploration or extraction with annual revenue greater 

12 than $50,000,000. 

13 (4) SECRETARY.—The term ‘‘Secretary’’ means 

14 the Secretary of Labor. 

15 (5) COMPENSATION FUND.—The term ‘‘com16 pensation fund’’ means the Energy Workers Health 

17 Compensation Fund established under section 2. 

Æ 


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