I 118th CONGRESS 1st Session H. R. 5222 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. Short title This Act may be cited as the Energy Workers Health Improvement and Compensation Fund Act . 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. 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. 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.