Pandemic Heroes Compensation Act of 2021

II 117TH CONGRESS 1ST SESSION S. 476 To provide for the establishment of a COVID–19 Compensation Fund, and for other purposes. IN THE SENATE OF THE UNITED STATES FEBRUARY 25, 2021 Ms. DUCKWORTH (for herself, Mr. BLUMENTHAL, Mr. MARKEY, Mr. MERKLEY, Mrs. GILLIBRAND, and Mr. KAINE) introduced the following bill; which was read twice and 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 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 ‘‘Pandemic Heroes 4 Compensation Act of 2021’’. 5 SEC. 2. DEFINITIONS. 6 In this Act, the following definitions apply: 7 (1) CLAIMANT.—The term ‘‘claimant’ ’’ means 8 an individual filing a claim for compensation under 9 this Act. 10 VerDate Sep 11 2014 19:49 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S476.IS S476 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 476 IS (2) COLLATERAL SOURCE.—The term ‘‘collat- 1 eral source’’ means all compensation other than 2 compensation under this Act, including life insur- 3 ance, pension funds, death benefit programs, and 4 payments by Federal, State, Territory, or local Gov- 5 ernments. 6 (3) COVID–19.—The term ‘‘COVID–19’’ 7 means novel coronavirus disease 2019, as identified 8 by the Centers for Disease Control and Prevention. 9 (4) 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 (5) ESSENTIAL WORKER.—The term ‘‘essential 19 worker’’ means any individual, employee, or con- 20 tractor working for a person, business, nonprofit en- 21 tity, or Federal, State, tribal, territorial or local gov- 22 ernment that is determined, during the response to 23 the COVID–19 pandemic, to be essential, based on 24 State, local, tribal, or territorial orders or declara- 25 VerDate Sep 11 2014 19:49 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S476.IS S476 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 476 IS tions (or equivalent), or Federal guidance published 1 by the Cybersecurity and Infrastructure Security 2 Agency (CISA), and who performed work outside 3 their place of residence. 4 (6) NONECONOMIC LOSSES.—The term ‘‘non- 5 economic losses’’ means losses for physical and emo- 6 tional pain, suffering, inconvenience, physical im- 7 pairment, mental anguish, disfigurement, loss of en- 8 joyment of life, loss of society and companionship, 9 loss of consortium (other than loss of domestic serv- 10 ice), hedonic damages, injury to reputation, and all 11 other nonpecuniary losses of any kind or nature. 12 (7) SPECIAL MASTER.—The term ‘‘Special Mas- 13 ter’’ means the Special Master appointed by the At- 14 torney General under section 3. 15 (8) PLACE OF RESIDENCE.—The term ‘‘place of 16 residence’’ means the physical location or locations 17 at which claimant resided or was residing during the 18 eligibility period. 19 (9) ELIGIBILITY PERIOD.—The term ‘‘eligibility 20 period’’ means any time during which any Federal, 21 State, Tribal, territorial, or local COVID–19-related 22 emergency order or declaration (or equivalent) is or 23 was in effect, regardless of the claimant’s place of 24 residence. 25 VerDate Sep 11 2014 19:49 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S476.IS S476 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 476 IS SEC. 3. ADMINISTRATION. 1 (a) IN GENERAL.—The Attorney General, acting 2 through a Special Master appointed by the Attorney Gen- 3 eral, shall— 4 (1) administer the compensation program es- 5 tablished under this Act; 6 (2) promulgate all procedural and substantive 7 rules for the administration of this Act; and 8 (3) employ and supervise hearing officers and 9 other administrative personnel to perform the duties 10 of the Special Master under this Act. 11 (b) APPOINTMENT OF SPECIAL MASTER AND DEP- 12 UTY SPECIAL MASTERS.—The Attorney General may ap- 13 point a Special Master and no more than two Deputy Spe- 14 cial Masters without regard to the provisions of title 5, 15 United States Code, governing appointments in the com- 16 petitive service. Any such employee shall serve at the 17 pleasure of the Attorney General. The Attorney General 18 shall fix the annual salary of the Special Master and the 19 Deputy Special Masters. 20 (c) AUTHORIZATION OF APPROPRIATIONS.—There 21 are authorized to be appropriated such sums as may be 22 necessary to pay the administrative and support costs for 23 the Special Master in carrying out this Act. 24 VerDate Sep 11 2014 19:49 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S476.IS S476 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 476 IS SEC. 4. DETERMINATION OF ELIGIBILITY FOR COMPENSA- 1 TION. 2 (a) FILING OF CLAIM.— 3 (1) IN GENERAL.—A claimant may file a claim 4 for compensation under this Act with the Special 5 Master. The claim shall be on the form developed 6 under paragraph (2) and shall state the factual basis 7 for eligibility for compensation and the amount of 8 compensation sought. 9 (2) CLAIM FORM.— 10 (A) IN GENERAL.—The Special Master 11 shall develop a claim form that claimants shall 12 use when submitting claims under paragraph 13 (1). The Special Master shall ensure that such 14 form can be filed electronically, if determined to 15 be practicable. 16 (B) CONTENTS.—The form developed 17 under subparagraph (A) shall request— 18 (i) information from the claimant con- 19 cerning the harm that the claimant suf- 20 fered as a result of COVID–19, or in the 21 case of a claim filed on behalf of a dece- 22 dent, information confirming the dece- 23 dent’s death, as a result of COVID–19; 24 VerDate Sep 11 2014 19:49 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S476.IS S476 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 476 IS (ii) information establishing that the 1 claimant or decedent was an essential 2 worker; 3 (iii) information from the claimant 4 concerning any possible economic and non- 5 economic losses that the claimant suffered 6 as a result of COVID–19 or that was 7 caused by the death of the decedent from 8 COVID–19; and 9 (iv) information regarding collateral 10 sources of compensation the claimant has 11 received or is entitled to receive as a result 12 of COVID–19. 13 (3) LIMITATION.—No claim may be filed under 14 paragraph (1) after the date that is 5 years after 15 the end of the eligibility period. 16 (b) REVIEW AND DETERMINATION.— 17 (1) REVIEW.—The Special Master shall review 18 a claim submitted under subsection (a) and deter- 19 mine— 20 (A) whether the claimant is an eligible in- 21 dividual under subsection (c); and 22 (B) with respect to a claimant determined 23 to be an eligible individual— 24 VerDate Sep 11 2014 19:49 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S476.IS S476 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 476 IS (i) the extent of the harm to the 1 claimant, including any economic and non- 2 economic losses; and 3 (ii) subject to paragraph (7), the 4 amount of compensation to which the 5 claimant is entitled based on the harm to 6 the claimant, the facts of the claim, and 7 the individual circumstances of the claim- 8 ant. 9 (2) NEGLIGENCE.—With respect to a claimant, 10 the Special Master shall not consider negligence or 11 any other theory of liability. 12 (3) DETERMINATION.—A determination under 13 this subsection shall be final and not subject to judi- 14 cial review. 15 (4) RIGHTS OF CLAIMANT.—A claimant in a re- 16 view under paragraph (1) shall have— 17 (A) the right to be represented by an at- 18 torney or other representative; 19 (B) the right to present evidence, including 20 the presentation of witnesses and documents; 21 and 22 (C) any other due process rights deter- 23 mined appropriate by the Special Master. 24 VerDate Sep 11 2014 19:49 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S476.IS S476 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 476 IS (5) NO PUNITIVE DAMAGES.—The Special Mas- 1 ter may not include amounts for punitive damages 2 in any compensation paid under a claim under this 3 Act. 4 (6) COLLATERAL COMPENSATION.—The Special 5 Master shall reduce the amount of compensation de- 6 termined under paragraph (1) by the amount of the 7 collateral source compensation the claimant has re- 8 ceived or is entitled to receive as a result of the 9 claimant suffering from COVID–19. 10 (7) LIMITATIONS ON CLAIMS.—Noneconomic 11 losses shall not exceed such limit as the Special Mas- 12 ter may impose. 13 (c) ELIGIBILITY.— 14 (1) IN GENERAL.—A claimant or decedent shall 15 be determined to be an eligible individual for pur- 16 poses of this subsection if the Special Master deter- 17 mines that such claimant or decedent— 18 (A) was designated an essential worker 19 during the eligibility period or was a family 20 member of such an essential worker who re- 21 sided with the essential worker during the eligi- 22 bility period; 23 (B) expressed symptoms consistent with 24 COVID–19, including those with laboratory 25 VerDate Sep 11 2014 19:49 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S476.IS S476 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 476 IS confirmations, diagnosis by a healthcare pro- 1 vider, or for whom there is or was an absence 2 of an alternate diagnosis that explains claim- 3 ant’s or decedent’s symptoms; 4 (C) suffered economic loss; and 5 (D) meets the requirements of paragraph 6 (2). 7 (2) SINGLE CLAIM.—Not more than one claim 8 may be submitted under this Act by an individual or 9 on behalf of a deceased individual. If the claimant 10 dies during the pendency of a claim, the decedent’s 11 family or other individual representing the decedent 12 may continue the claimant’s claim with added ex- 13 penses related to the claimant’s death, as needed. 14 SEC. 5. ASSISTANCE TO CLAIMANTS. 15 The Special Master will establish an office to provide 16 assistance to all claimants in submitting claims. 17 SEC. 6. PAYMENTS TO ELIGIBLE INDIVIDUALS. 18 (a) IN GENERAL.—Subject to the limitations under 19 subsection (d), not later than 20 days after the date on 20 which a determination is made by the Special Master re- 21 garding the amount of compensation due a claimant under 22 this Act, the Special Master shall authorize payment to 23 such claimant of the amount determined with respect to 24 the claimant. 25 VerDate Sep 11 2014 19:49 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S476.IS S476 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 476 IS (b) FUNDING.— 1 (1) IN GENERAL.—The Attorney General is au- 2 thorized to accept such amounts as may be contrib- 3 uted by individuals, business concerns, or other enti- 4 ties to carry out this Act, under such terms and con- 5 ditions as the Attorney General may impose. 6 (2) USE OF SEPARATE ACCOUNT.—In making 7 payments under this section, amounts contained in 8 any account containing funds provided under para- 9 graph (1) shall be used prior to using appropriated 10 amounts. 11 (c) DEVELOPMENT OF AGENCY POLICIES AND PRO- 12 CEDURES.—Not later than 120 days after the date of en- 13 actment the Special Master shall develop agency policies 14 and procedures that meet the requirements including poli- 15 cies and procedures for presumptive award schedules, ad- 16 ministrative expenses, and related internal memoranda. 17 (d) ATTORNEY FEES.—The Special Master shall have 18 the sole discretion to determine reasonable compensation 19 for services rendered for attorney fees for services ren- 20 dered, if any. 21 SEC. 7. REGULATIONS. 22 Not later than 90 days after the date of enactment 23 of this Act, the Attorney General, in consultation with the 24 VerDate Sep 11 2014 19:49 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S476.IS S476 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 476 IS Special Master, shall promulgate regulations to carry out 1 this Act, including regulations with respect to— 2 (1) forms to be used in submitting claims under 3 this Act; 4 (2) the information to be included in such 5 forms; 6 (3) procedures for hearing and the presentation 7 of evidence; 8 (4) procedures to assist an individual in filing 9 and pursuing claims under this Act; and 10 (5) other matters determined appropriate by 11 the Attorney General. 12 SEC. 8. RIGHT OF SUBROGATION. 13 The United States shall have the right of subrogation 14 with respect to any claim paid by the United States, sub- 15 ject to the limitation described in this Act. 16 SEC. 9. VICTIM COMPENSATION FUND. 17 (a) IN GENERAL.—There is established in the Treas- 18 ury of the United States a fund to be known as the 19 ‘‘COVID–19 Compensation Fund’’, consisting of amounts 20 deposited into such fund under subsection (b). 21 (b) AVAILABILITY OF FUNDS.—Amounts deposited 22 into the COVID–19 Compensation Fund shall be avail- 23 able, without further appropriation, to the Special Master 24 to provide compensation. 25 VerDate Sep 11 2014 19:49 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S476.IS S476 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 476 IS (c) TERMINATION.—The COVID–19 Compensation 1 Fund shall be permanently closed on the date that is 1 2 year after the Special Master determines that no addi- 3 tional claims may be filed. 4 SEC. 10. APPROPRIATION. 5 There is authorized to be appropriated for purposes 6 of carrying out this Act such sums as may be necessary 7 for fiscal year 2021 and each fiscal year thereafter 8 through fiscal year 2026, to remain available until ex- 9 pended. 10 Æ VerDate Sep 11 2014 19:49 Mar 22, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6301 E:\BILLS\S476.IS S476 pamtmann on DSKBC07HB2PROD with BILLS