Pandemic Heroes Compensation Act of 2020
This bill allows essential workers and their family members to file claims and receive compensation for harm or death suffered as a result of COVID-19 (i.e., coronavirus disease 2019).
A Special Master appointed by the Department of Justice must review claims submitted and determine if a claimant is eligible for compensation, the extent of the harm to the claimant, and the amount of compensation to be awarded.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6909 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 6909
To provide for the establishment of a COVID-19 Compensation Fund, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 15, 2020
Mrs. Carolyn B. Maloney of New York (for herself, Mr. Nadler, and Mr.
King of New York) introduced the following bill; which was referred to
the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide for the establishment of a COVID-19 Compensation Fund, and
for other purposes.
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 ``Pandemic Heroes Compensation Act of
2020''.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Claimant.--The term ``claimant'' means an individual
filing a claim for compensation under this Act.
(2) Collateral source.--The term ``collateral source''
means all compensation other than compensation under this Act,
including life insurance, pension funds, death benefit
programs, and payments by Federal, State, Territory, or local
governments.
(3) COVID-19.--The term ``COVID-19'' means novel
coronavirus disease 2019, as identified by the Centers for
Disease Control.
(4) Economic loss.--The term ``economic loss'' means any
pecuniary loss (including the loss of earnings or other
benefits related to employment, medical expense loss,
replacement services loss, loss due to death, burial costs, and
loss of business or employment opportunities) resulting from
harm due to COVID-19 to the extent recovery for such loss is
allowed under applicable Federal, State, local, Tribal, or
territorial law.
(5) Essential worker.--The term ``essential worker'' means
any individual, employee, or contractor working for a person,
business, nonprofit entity, or Federal, State, Tribal,
territorial or local government that is determined, during the
response to the COVID-19 pandemic, to be essential, based on
State, local, Tribal, or territorial orders or declarations (or
equivalent), or Federal guidance published by the Cyber &
Infrastructure Security Agency (CISA), and who performed work
outside their place of residence.
(6) Noneconomic losses.--The term ``noneconomic losses''
means losses for physical and emotional pain, suffering,
inconvenience, physical impairment, mental anguish,
disfigurement, loss of enjoyment of life, loss of society and
companionship, loss of consortium (other than loss of domestic
service), hedonic damages, injury to reputation, and all other
nonpecuniary losses of any kind or nature.
(7) Special master.--The term ``Special Master'' means the
Special Master appointed by the Attorney General under section
3.
(8) Place of residence.--The term ``place of residence''
means the physical location or locations at which claimant
resided or was residing during the eligibility period.
(9) Eligibility period.--The term ``eligibility period''
means any time during which any Federal, State, Tribal,
territorial, or local COVID-19 related emergency order or
declaration (or equivalent) is or was in effect, regardless of
the claimant's place of residence.
SEC. 3. ADMINISTRATION.
(a) In General.--The Attorney General, acting through a Special
Master appointed by the Attorney General, shall--
(1) administer the compensation program established under
this Act;
(2) promulgate all procedural and substantive rules for the
administration of this Act; and
(3) employ and supervise hearing officers and other
administrative personnel to perform the duties of the Special
Master under this Act.
(b) Appointment of Special Master and Deputy Special Masters.--The
Attorney General may appoint a Special Master and no more than two
Deputy Special Masters without regard to the provisions of title 5,
United States Code, governing appointments in the competitive service.
Any such employee shall serve at the pleasure of the Attorney General.
The Attorney General shall fix the annual salary of the Special Master
and the Deputy Special Masters.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to pay the administrative
and support costs for the Special Master in carrying out this Act.
SEC. 4. DETERMINATION OF ELIGIBILITY FOR COMPENSATION.
(a) Filing of Claim.--
(1) In general.--A claimant may file a claim for
compensation under this Act with the Special Master. The claim
shall be on the form developed under paragraph (2) and shall
state the factual basis for eligibility for compensation and
the amount of compensation sought.
(2) Claim form.--
(A) In general.--The Special Master shall develop a
claim form that claimants shall use when submitting
claims under paragraph (1). The Special Master shall
ensure that such form can be filed electronically, if
determined to be practicable.
(B) Contents.--The form developed under
subparagraph (A) shall request--
(i) information from the claimant
concerning the harm that the claimant suffered
as a result of COVID-19, or in the case of a
claim filed on behalf of a decedent,
information confirming the decedent's death, as
a result of COVID-19;
(ii) information establishing that the
claimant or decedent was an essential worker;
(iii) information from the claimant
concerning any possible economic and
noneconomic losses that the claimant suffered
as a result of COVID-19 or that was caused by
the death of the decedent from COVID-19; and
(iv) information regarding collateral
sources of compensation the claimant has
received or is entitled to receive as a result
of COVID-19.
(3) Limitation.--No claim may be filed under paragraph (1)
after the date that is 5 years after the end of the eligibility
period.
(b) Review and Determination.--
(1) Review.--The Special Master shall review a claim
submitted under subsection (a) and determine--
(A) whether the claimant is an eligible individual
under subsection (c); and
(B) with respect to a claimant determined to be an
eligible individual--
(i) the extent of the harm to the claimant,
including any economic and noneconomic losses;
and
(ii) subject to paragraph (7), the amount
of compensation to which the claimant is
entitled based on the harm to the claimant, the
facts of the claim, and the individual
circumstances of the claimant.
(2) Negligence.--With respect to a claimant, the Special
Master shall not consider negligence or any other theory of
liability.
(3) Determination.--A determination under this subsection
shall be final and not subject to judicial review.
(4) Rights of claimant.--A claimant in a review under
paragraph (1) shall have--
(A) the right to be represented by an attorney or
other representative;
(B) the right to present evidence, including the
presentation of witnesses and documents; and
(C) any other due process rights determined
appropriate by the Special Master.
(5) No punitive damages.--The Special Master may not
include amounts for punitive damages in any compensation paid
under a claim under this Act.
(6) Collateral compensation.--The Special Master shall
reduce the amount of compensation determined under paragraph
(1) by the amount of the collateral source compensation the
claimant has received or is entitled to receive as a result of
the claimant suffering from COVID-19.
(7) Limitations on claims.--Noneconomic losses shall not
exceed such limit as the Special Master may impose.
(c) Eligibility.--
(1) In general.--A claimant or decedent shall be determined
to be an eligible individual for purposes of this subsection if
the Special Master determines that such claimant or decedent--
(A) was designated an essential worker during the
eligibility period or was a family member of such an
essential worker who resided with the essential worker
during the eligibility period;
(B) expressed symptoms consistent with COVID-19,
including those with laboratory confirmations,
diagnosis by a healthcare provider, or for whom there
is or was an absence of an alternate diagnosis that
explains claimant's or decedent's symptoms;
(C) suffered economic loss; and
(D) meets the requirements of paragraph (2).
(2) Single claim.--Not more than one claim may be submitted
under this Act by an individual or on behalf of a deceased
individual. If the claimant dies during the pendency of a
claim, the decedent's family or other individual representing
the decedent may continue the claimant's claim with added
expenses related to the claimant's death, as needed.
SEC. 5. ASSISTANCE TO CLAIMANTS.
The Special Master will establish an office to provide assistance
to all claimants in submitting claims.
SEC. 6. PAYMENTS TO ELIGIBLE INDIVIDUALS.
(a) In General.--Subject to the limitations under subsection (d),
not later than 20 days after the date on which a determination is made
by the Special Master regarding the amount of compensation due a
claimant under this Act, the Special Master shall authorize payment to
such claimant of the amount determined with respect to the claimant.
(b) Funding.--
(1) In general.--The Attorney General is authorized to
accept such amounts as may be contributed by individuals,
business concerns, or other entities to carry out this Act,
under such terms and conditions as the Attorney General may
impose.
(2) Use of separate account.--In making payments under this
section, amounts contained in any account containing funds
provided under paragraph (1) shall be used prior to using
appropriated amounts.
(c) Development of Agency Policies and Procedures.--Not later than
120 days after the date of enactment the Special Master shall develop
agency policies and procedures that meet the requirements including
policies and procedures for presumptive award schedules, administrative
expenses, and related internal memoranda.
(d) Attorney Fees.--The Special Master shall have the sole
discretion to determine reasonable compensation for services rendered
for attorney fees for services rendered, if any.
SEC. 7. REGULATIONS.
Not later than 90 days after the date of enactment of this Act, the
Attorney General, in consultation with the Special Master, shall
promulgate regulations to carry out this Act, including regulations
with respect to--
(1) forms to be used in submitting claims under this Act;
(2) the information to be included in such forms;
(3) procedures for hearing and the presentation of
evidence;
(4) procedures to assist an individual in filing and
pursuing claims under this Act; and
(5) other matters determined appropriate by the Attorney
General.
SEC. 8. RIGHT OF SUBROGATION.
The United States shall have the right of subrogation with respect
to any claim paid by the United States, subject to the limitation
described in this Act.
SEC. 9. VICTIM COMPENSATION FUND.
(a) In General.--There is established in the Treasury of the United
States a fund to be known as the ``COVID-19 Compensation Fund'',
consisting of amounts deposited into such fund under subsection (b).
(b) Availability of Funds.--Amounts deposited into the COVID-19
Compensation Fund shall be available, without further appropriation, to
the Special Master to provide compensation.
(c) Termination.--The COVID-19 Compensation Fund shall be
permanently closed on the date that is 1 year after the Special Master
determines that no additional claims may be filed.
SEC. 10. APPROPRIATION.
There is authorized to be appropriated for purposes of carrying out
this Act such sums as may be necessary for fiscal year 2020 and each
fiscal year thereafter through fiscal year 2026, to remain available
until expended.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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