H.R. 4905 — Energy Workers Health Improvement and Compensation Fund Act

This section establishes in the Treasury the Energy Workers Health Compensation Fund, financed by annual deposits from each oil company—due by March 31 of the following calendar year—equal to the aggregate compensation (including fair market value of deferred compensation) paid to its 10 highest-paid employees in the prior calendar year. It imposes a 10% penalty on any shortfall below 98% of the required deposit, allows elective contributions up to the required amount, denies any tax deduction under the Internal Revenue Code for required payments, penalties, or excess contributions, and makes fund amounts available to the Secretary of Labor without further appropriation for purposes of section 3.

This section entitles eligible workers and their family members to compensation from the fund established under section 2 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, exposure to particulate matter, and volatile organic compounds. The Secretary processes claims in the order received.

This section establishes a Commission on Health Outcomes of Oil and Gas Workers, to be appointed by the Secretary not later than 90 days after enactment, composed of representatives from the Department of Health and Human Services, Department of Labor, National Institutes of Health (including a doctor researching relevant topics), Occupational Safety and Health Administration, an immigration advocacy group, a labor advocacy group, and oil and gas workers from Alaska, Colorado, Louisiana, New Mexico, North Dakota, and Texas. The commission shall develop recommendations on federal actions to study and improve health outcomes for such workers; make those recommendations publicly available; and submit them within 18 months of enactment to the Secretary and specified congressional committees (Senate Energy and Natural Resources; Senate Health, Education, Labor, and Pensions; House Energy and Commerce; and House Natural Resources). The Secretary shall make publicly available and submit a written response to the commission and those committees within 90 days of receiving the recommendations.

This section requires the Secretary of Labor to submit to the Commission established under section 4(a) a report on the compensation fund—including (1) deposits required under section 2(b) and (2) compensation paid under section 3—not later than one year after enactment and annually thereafter.

This section defines key terms for the Act, including (1) eligible worker as an individual who has worked within or around an oil and gas extraction or exploration site or lived within 20 miles of such a site for at least one year and has worked for an oil company or contractor engaged in those activities; (2) family member as the spouse, son, daughter, or parent of an eligible worker who has lived within 20 miles of such a site for at least one year; (3) oil company as a company engaged in oil or natural gas exploration or extraction with annual revenue greater than $50 million; (4) Secretary as the Secretary of Labor; and (5) compensation fund as the Energy Workers Health Compensation Fund established under section 2.