COVID–19 Victims Compensation Fund Act

I 117TH CONGRESS 1ST SESSION H. R. 98 To provide for the establishment of a COVID–19 Compensation Fund to compensate claimants for harms resulting from suffering from COVID– 19, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 4, 2021 Mr. ESPAILLAT introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide for the establishment of a COVID–19 Compensa- tion Fund to compensate claimants for harms resulting from suffering from COVID–19, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘COVID–19 Victims 4 Compensation Fund Act’’. 5 SEC. 2. DEFINITIONS. 6 In this Act, the following definitions apply: 7 VerDate Sep 11 2014 16:52 Jan 18, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H98.IH H98 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 98 IH (1) CLAIMANT.—The term ‘‘claimant’ ’’ means 1 an individual filing a claim for compensation under 2 this Act. 3 (2) COLLATERAL SOURCE.—The term ‘‘collat- 4 eral source’’ means all compensation other than 5 compensation under this Act, including life insur- 6 ance, pension funds, death benefit programs, and 7 payments by Federal, State, local, Tribal, or terri- 8 torial governments. 9 (3) ECONOMIC LOSS.—The term ‘‘economic 10 loss’’ means any pecuniary loss (including the loss of 11 earnings or other benefits related to employment, 12 medical expense loss, replacement services loss, loss 13 due to death, burial costs, and loss of business or 14 employment opportunities) resulting from harm due 15 to COVID–19 to the extent recovery for such loss is 16 allowed under applicable Federal, State, local, Trib- 17 al, or territorial law. 18 (4) NONECONOMIC LOSSES.—The term ‘‘non- 19 economic losses’’ means losses for physical and emo- 20 tional pain, suffering, inconvenience, physical im- 21 pairment, mental anguish, disfigurement, loss of en- 22 joyment of life, loss of society and companionship, 23 loss of consortium (other than loss of domestic serv- 24 VerDate Sep 11 2014 16:52 Jan 18, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H98.IH H98 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 98 IH ice), hedonic damages, injury to reputation, and all 1 other nonpecuniary losses of any kind or nature. 2 (5) SPECIAL MASTER.—The term ‘‘Special Mas- 3 ter’’ means the Special Master appointed by the Sec- 4 retary under section 3. 5 (6) PLACE OF RESIDENCE.—The term ‘‘place of 6 residence’’ means the physical location or locations 7 at which the claimant resided or was residing during 8 the eligibility period. 9 (7) ELIGIBILITY PERIOD.—The term ‘‘eligibility 10 period’’ means any time during which any Federal, 11 State, Tribal, territorial, or local COVID–19 related 12 emergency order or declaration (or equivalent) is or 13 was in effect. 14 SEC. 3. ADMINISTRATION. 15 (a) IN GENERAL.—The Secretary of Health and 16 Human Services, acting through a Special Master ap- 17 pointed by the Secretary, shall— 18 (1) administer the compensation program es- 19 tablished under this Act; 20 (2) promulgate all procedural and substantive 21 rules for the administration of this Act; and 22 (3) employ and supervise hearing officers and 23 other administrative personnel to perform the duties 24 of the Special Master under this Act. 25 VerDate Sep 11 2014 16:52 Jan 18, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H98.IH H98 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 98 IH (b) APPOINTMENT OF SPECIAL MASTER AND DEP- 1 UTY SPECIAL MASTERS.—The Secretary may appoint a 2 Special Master and no more than two Deputy Special 3 Masters without regard to the provisions of title 5, United 4 States Code, governing appointments in the competitive 5 service. Any such employee shall serve at the pleasure of 6 the Secretary. The Secretary shall fix the annual salary 7 of the Special Master and the Deputy Special Masters. 8 (c) AUTHORIZATION OF APPROPRIATIONS.—There 9 are authorized to be appropriated such sums as may be 10 necessary to pay the administrative and support costs for 11 the Special Master in carrying out this Act. 12 SEC. 4. DETERMINATION OF ELIGIBILITY FOR COMPENSA- 13 TION. 14 (a) FILING OF CLAIM.— 15 (1) IN GENERAL.—A claimant may file a claim 16 for compensation under this Act with the Special 17 Master. The claim shall be on the form developed 18 under paragraph (2) and shall state the factual basis 19 for eligibility for compensation and the amount of 20 compensation sought. 21 (2) CLAIM FORM.— 22 (A) IN GENERAL.—The Special Master 23 shall develop a claim form that claimants shall 24 use when submitting claims under paragraph 25 VerDate Sep 11 2014 16:52 Jan 18, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H98.IH H98 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 98 IH (1). The Special Master shall ensure that such 1 form can be filed electronically, if determined to 2 be practicable. 3 (B) CONTENTS.—The form developed 4 under subparagraph (A) shall request— 5 (i) information from the claimant con- 6 cerning the harm that the claimant suf- 7 fered as a result of COVID–19, or in the 8 case of a claim filed on behalf of a dece- 9 dent, information confirming the dece- 10 dent’s death, as a result of COVID–19; 11 (ii) information from the claimant 12 concerning any possible economic and non- 13 economic losses that the claimant suffered 14 as a result of COVID–19 or that was 15 caused by the death of the decedent from 16 COVID–19; and 17 (iii) information regarding collateral 18 sources of compensation the claimant has 19 received or is entitled to receive as a result 20 of COVID–19. 21 (3) LIMITATION.—No claim may be filed under 22 paragraph (1) after the date that is 5 years after 23 the end of the eligibility period. 24 (b) REVIEW AND DETERMINATION.— 25 VerDate Sep 11 2014 16:52 Jan 18, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H98.IH H98 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 98 IH (1) REVIEW.—The Special Master shall review 1 a claim submitted under subsection (a) and deter- 2 mine— 3 (A) whether the claimant is an eligible in- 4 dividual under subsection (c); and 5 (B) with respect to a claimant determined 6 to be an eligible individual— 7 (i) the extent of the harm to the 8 claimant, including any economic and non- 9 economic losses; and 10 (ii) subject to paragraph (7), the 11 amount of compensation to which the 12 claimant is entitled based on the harm to 13 the claimant, the facts of the claim, and 14 the individual circumstances of the claim- 15 ant. 16 (2) NEGLIGENCE.—With respect to a claimant, 17 the Special Master shall not consider negligence or 18 any other theory of liability. 19 (3) DETERMINATION.—A determination under 20 this subsection shall be final and not subject to judi- 21 cial review. 22 (4) RIGHTS OF CLAIMANT.—A claimant in a re- 23 view under paragraph (1) shall have— 24 VerDate Sep 11 2014 16:52 Jan 18, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H98.IH H98 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 98 IH (A) the right to be represented by an at- 1 torney or other representative; 2 (B) the right to present evidence, including 3 the presentation of witnesses and documents; 4 and 5 (C) any other due process rights deter- 6 mined appropriate by the Special Master. 7 (5) NO PUNITIVE DAMAGES.—The Special Mas- 8 ter may not include amounts for punitive damages 9 in any compensation paid under a claim under this 10 Act. 11 (6) COLLATERAL COMPENSATION.—The Special 12 Master shall reduce the amount of compensation de- 13 termined under paragraph (1) by the amount of the 14 collateral source compensation the claimant has re- 15 ceived or is entitled to receive as a result of the 16 claimant suffering from COVID–19. 17 (7) LIMITATIONS ON CLAIMS.—Noneconomic 18 losses shall not exceed such limit as the Special Mas- 19 ter may impose. 20 (c) ELIGIBILITY.— 21 (1) IN GENERAL.—A claimant or decedent shall 22 be determined to be an eligible individual for pur- 23 poses of this subsection if the Special Master deter- 24 mines that such claimant or decedent— 25 VerDate Sep 11 2014 16:52 Jan 18, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H98.IH H98 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 98 IH (A)(i) was permanently residing in the 1 United States, without regard to whether the 2 claimant or decedent had any lawful status 3 under the immigration laws (as such terms are 4 defined in section 101 of the Immigration and 5 Nationality Act (8 U.S.C. 1101)), during all or 6 a portion of the eligibility period; or 7 (ii) was present in the United States dur- 8 ing all or a portion of the eligibility period and 9 a family member of an individual so residing; 10 (B) expressed symptoms consistent with 11 COVID–19, including those with laboratory 12 confirmations or diagnosis by a health care pro- 13 vider, or for whom there is or was an absence 14 of an alternate diagnosis that explains claim- 15 ant’s or decedent’s symptoms; 16 (C) suffered economic loss; and 17 (D) meets the requirements of paragraph 18 (2). 19 (2) SINGLE CLAIM.—Not more than one claim 20 may be submitted under this Act by an individual or 21 on behalf of a deceased individual. If the claimant 22 dies during the pendency of a claim, the decedent’s 23 family or other individual representing the decedent 24 VerDate Sep 11 2014 16:52 Jan 18, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H98.IH H98 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 98 IH may continue the claimant’s claim with added ex- 1 penses related to the claimant’s death, as needed. 2 SEC. 5. ASSISTANCE TO CLAIMANTS. 3 The Special Master will establish an office to provide 4 assistance to all claimants in submitting claims. 5 SEC. 6. PAYMENTS TO ELIGIBLE INDIVIDUALS. 6 (a) IN GENERAL.—Subject to the limitations under 7 subsection (d), not later than 20 days after the date on 8 which a determination is made by the Special Master re- 9 garding the amount of compensation due a claimant under 10 this Act, the Special Master shall authorize payment to 11 such claimant of the amount determined with respect to 12 the claimant. 13 (b) FUNDING.— 14 (1) IN GENERAL.—The Secretary is authorized 15 to accept such amounts as may be contributed by in- 16 dividuals, business concerns, or other entities to 17 carry out this Act, under such terms and conditions 18 as the Secretary may impose. 19 (2) USE OF SEPARATE ACCOUNT.—In making 20 payments under this section, amounts contained in 21 any account containing funds provided under para- 22 graph (1) shall be used prior to using appropriated 23 amounts. 24 VerDate Sep 11 2014 16:52 Jan 18, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H98.IH H98 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 98 IH (c) DEVELOPMENT OF AGENCY POLICIES AND PRO- 1 CEDURES.—Not later than 120 days after the date of en- 2 actment the Special Master shall develop agency policies 3 and procedures that meet the requirements including poli- 4 cies and procedures for presumptive award schedules, ad- 5 ministrative expenses, and related internal memoranda. 6 (d) ATTORNEY FEES.—The Special Master shall have 7 the sole discretion to determine reasonable compensation 8 for services rendered for attorney fees for services ren- 9 dered, if any. 10 SEC. 7. REGULATIONS. 11 Not later than 90 days after the date of enactment 12 of this Act, the Secretary, in consultation with the Special 13 Master, shall promulgate regulations to carry out this Act, 14 including regulations with respect to— 15 (1) forms to be used in submitting claims under 16 this Act; 17 (2) the information to be included in such 18 forms; 19 (3) procedures for hearing and the presentation 20 of evidence; 21 (4) procedures to assist an individual in filing 22 and pursuing claims under this Act; and 23 (5) other matters determined appropriate by 24 the Secretary. 25 VerDate Sep 11 2014 16:52 Jan 18, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H98.IH H98 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 98 IH SEC. 8. RIGHT OF SUBROGATION. 1 The United States shall have the right of subrogation 2 with respect to any claim paid by the United States, sub- 3 ject to the limitation described in this Act. 4 SEC. 9. VICTIM COMPENSATION FUND. 5 (a) IN GENERAL.—There is established in the Treas- 6 ury of the United States a fund to be known as the 7 ‘‘COVID–19 Compensation Fund’’, consisting of amounts 8 deposited into such fund under subsection (b). 9 (b) AVAILABILITY OF FUNDS.—Amounts deposited 10 into the COVID–19 Compensation Fund shall be avail- 11 able, without further appropriation, to the Special Master 12 to provide compensation. 13 (c) TERMINATION.—The COVID–19 Compensation 14 Fund shall be permanently closed on the date that is 1 15 year after the Special Master determines that no addi- 16 tional claims may be filed. 17 SEC. 10. APPROPRIATION. 18 There is authorized to be appropriated for purposes 19 of carrying out this Act such sums as may be necessary 20 for fiscal year 2022 and each fiscal year thereafter 21 through fiscal year 2028, to remain available until ex- 22 pended. 23 Æ VerDate Sep 11 2014 16:52 Jan 18, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\H98.IH H98 pbinns on DSKJLVW7X2PROD with BILLS