Longshore and Harbor Workers’ COVID–19 Compensation Act of 2022

IB Union Calendar No. 387 117TH CONGRESS 2D SESSION H. R. 3114 [Report No. 117–526] To provide benefits authorized under the Longshore and Harbor Workers’ Compensation Act to maritime workers who contract COVID–19, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 11, 2021 Mr. MRVAN (for himself and Mr. SCOTT of Virginia) introduced the following bill; which was referred to the Committee on Education and Labor SEPTEMBER 29, 2022 Additional sponsors: Mr. POCAN, Ms. BARRAGA´N, Ms. WILSON of Florida, Ms. SALAZAR, Ms. JAYAPAL, Mr. KAHELE, Mr. DESAULNIER, Ms. LEE of California, Ms. STRICKLAND, Ms. NORTON, Mr. DANNY K. DAVIS of Illi- nois, Mr. LOWENTHAL, Mr. SUOZZI, Mr. LYNCH, Mr. CARSON, Mr. NAD- LER, Mr. COHEN, Ms. BONAMICI, Mr. LAWSON of Florida, Mr. JONES, Ms. ROYBAL-ALLARD, Ms. CHU, Mrs. HAYES, Ms. PORTER, Ms. ADAMS, Mr. GARAMENDI, Mr. BOWMAN, Mr. MFUME, Mr. SCHIFF, Ms. SHERRILL, Mr. LEVIN of Michigan, Mr. TAKANO, Ms. STEVENS, and Mrs. RADEWAGEN SEPTEMBER 29, 2022 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed [Strike out all after the enacting clause and insert the part printed in italic] [For text of introduced bill, see copy of bill as introduced on March 11, 2021] VerDate Sep 11 2014 00:10 Sep 30, 2022 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H3114.RH H3114 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 3114 RH A BILL To provide benefits authorized under the Longshore and Harbor Workers’ Compensation Act to maritime workers who contract COVID–19, and for other purposes. VerDate Sep 11 2014 00:10 Sep 30, 2022 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H3114.RH H3114 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 3114 RH 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 ‘‘Longshore and Harbor 4 Workers’ COVID–19 Compensation Act of 2022’’. 5 SEC. 2. CLAIMS RELATED TO COVID–19. 6 (a) IN GENERAL.—A covered employee who receives a 7 diagnosis of COVID–19 or is subject to an order described 8 in subsection (b)(2) and who provides notice of or files a 9 claim under the Longshore and Harbor Workers’ Com- 10 pensation Act (33 U.S.C. 901 et seq.) relating to such diag- 11 nosis or order shall be conclusively presumed to have an 12 injury arising out of or in the course of employment for 13 the purpose of compensation under the Longshore and Har- 14 bor Workers’ Compensation Act. 15 (b) COVERED EMPLOYEE.—In this Act, the term ‘‘cov- 16 ered employee’’ means an individual who, at any time dur- 17 ing the period beginning January 27, 2020, and ending on 18 January 27, 2024, is an employee engaged in maritime em- 19 ployment as defined in section 2 of the Longshore and Har- 20 bor Workers’ Compensation Act (33 U.S.C. 902(3)) and 21 who— 22 (1)(A) is diagnosed with COVID–19; and 23 VerDate Sep 11 2014 00:10 Sep 30, 2022 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H3114.RH H3114 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 3114 RH (B) during a covered exposure period with re- 1 spect to the date of such diagnosis carried out duties 2 which— 3 (i) required contact with members of the 4 public, co-workers, or other individuals associ- 5 ated with the course of employment; or 6 (ii) included a risk of exposure to the novel 7 coronavirus; or 8 (2) is ordered not to return to work by the em- 9 ployee’s employer or by a local, State, or Federal 10 agency because of exposure, or the risk of exposure, to 11 1 or more individuals diagnosed with COVID–19 in 12 the workplace. 13 (c) CLARIFICATION OF MARITIME EMPLOYMENT.—For 14 the purposes of subsection (b), maritime employment does 15 not include employment under— 16 (1) the Defense Base Act (42 U.S.C. 1651 et 17 seq.); 18 (2) the Outer Continental Shelf Lands Act (43 19 U.S.C. 1333(b)); and 20 (3) section 8171 of title 5, United States Code. 21 (d) LIMITATION.—This Act shall not apply with re- 22 spect to a covered employee who— 23 VerDate Sep 11 2014 00:10 Sep 30, 2022 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H3114.RH H3114 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 3114 RH (1) provides notice or files a claim described in 1 subsection (a) on or before the date of enactment of 2 this Act; and 3 (2) is determined to be entitled to the compensa- 4 tion described in subsection (a) or is awarded such 5 compensation if such determination or award is made 6 on or before the date of enactment of this Act. 7 (e) DENIALS ON OR BEFORE THE DATE OF ENACT- 8 MENT.—Subsection (a) shall apply with respect to a covered 9 employee who is determined not to be entitled to, or who 10 is not awarded, compensation described in subsection (a) 11 if such determination or decision not to award such com- 12 pensation is made on or before the date of enactment of 13 this Act. 14 (f) EXCLUSION.—The Secretary shall not consider any 15 compensation paid with respect to a notice or claim to 16 which subsection (a) applies, including disability com- 17 pensation, death benefits, funeral and burial expenses, and 18 medical expenses, in calculating the annual assessments 19 under section 44(c)(2) of the Longshore and Harbor Work- 20 ers’ Compensation Act (33 U.S.C. 944(c)(2)). 21 SEC. 3. REIMBURSEMENT. 22 (a) IN GENERAL.— 23 (1) ENTITLEMENT.—An employer of a covered 24 employee or the employer’s carrier shall be entitled to 25 VerDate Sep 11 2014 00:10 Sep 30, 2022 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H3114.RH H3114 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 3114 RH reimbursement pursuant to this Act for any com- 1 pensation paid with respect to a notice or claim de- 2 scribed in section 2(a), including disability com- 3 pensation, death benefits, funeral and burial expenses, 4 medical or other related costs for treatment and care, 5 and reasonable and necessary allocated claims ex- 6 penses. 7 (2) SAFETY AND HEALTH REQUIREMENTS.—To 8 be entitled to reimbursement under paragraph (1)— 9 (A) an employer shall be in compliance 10 with all applicable safety and health guidelines 11 and standards that are related to the prevention 12 of occupational exposure to the novel 13 coronavirus, including such guidelines and 14 standards issued by the Occupational Safety and 15 Health Administration, State plans approved 16 under section 18 of the Occupational Safety and 17 Health Act of 1970 (29 U.S.C. 667), the Centers 18 for Disease Control and Prevention, and the Na- 19 tional Institute for Occupational Safety and 20 Health; and 21 (B) a carrier— 22 (i) shall be a carrier for an employer 23 that is in compliance with subparagraph 24 (A); and 25 VerDate Sep 11 2014 00:10 Sep 30, 2022 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H3114.RH H3114 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 3114 RH (ii) shall not adjust the experience rat- 1 ing or the annual premium of the employer 2 based upon the compensation paid by the 3 carrier with respect to a notice or claim de- 4 scribed in section 2(a). 5 (b) REIMBURSEMENT PROCEDURES.— 6 (1) IN GENERAL.—To receive reimbursement 7 under subsection (a), a claim for such reimbursement 8 shall be submitted to the Secretary of Labor— 9 (A) not earlier than the date on which a 10 compensation order (as described in section 19(e) 11 of the Longshore and Harbor Workers’ Com- 12 pensation Act (33 U.S.C. 919(e))) is issued that 13 fixes entitlement to benefits; or 14 (B) not later than one year after the final 15 payment of compensation to a covered employee 16 pursuant to this Act; and 17 (C) in accordance with a rule issued by the 18 Secretary that the Secretary determines to be 19 similar to the process established under part 61 20 of title 20, Code of Federal Regulations (as in ef- 21 fect on the date of enactment of this Act). 22 (2) RECORDS.—An employer and the employer’s 23 carrier shall make, keep, and preserve such records 24 and provide such information as the Secretary of 25 VerDate Sep 11 2014 00:10 Sep 30, 2022 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H3114.RH H3114 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HR 3114 RH Labor determines necessary or appropriate to carry 1 out this Act. 2 (3) FINAL AGENCY ACTION.—The action of the 3 Secretary in allowing or denying reimbursement 4 under this section shall be the final Agency action 5 with respect to such reimbursement. 6 (c) APPROPRIATIONS.— 7 (1) IN GENERAL.—A reimbursement under this 8 section shall be paid out of the Longshore COVID–19 9 Fund. 10 (2) FUNDS.—In addition to amounts otherwise 11 available, there are authorized to be appropriated, 12 and there are appropriated, out of any money in the 13 Treasury not otherwise appropriated, such sums as 14 may be necessary to the Longshore COVID–19 Fund 15 for each reimbursement paid out of such Fund under 16 this section. 17 (d) REPORT.—Not later than 60 days after the end of 18 each of fiscal years 2022, 2023, and 2024, the Secretary 19 of Labor shall submit to the Committee on Education and 20 Labor of the House of Representatives and the Committee 21 on Health, Education, Labor, and Pensions of the Senate, 22 an annual report enumerating— 23 (1) the number of claims filed pursuant to sec- 24 tion 2(a); 25 VerDate Sep 11 2014 00:10 Sep 30, 2022 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H3114.RH H3114 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •HR 3114 RH (2) of such filed claims— 1 (A) the number and types of claims under 2 the Longshore and Harbor Workers Compensa- 3 tion Act (33 U.S.C. 901 et seq.) with respect to 4 which the presumption under section 2(a) is 5 made; 6 (B) the number and types of such claims de- 7 nied; and 8 (C) the number and types of such claims 9 pending; and 10 (3) the total number of claims for reimbursement 11 and the total amounts paid for such reimbursement 12 from the Longshore COVID–19 Fund under subsection 13 (c)(1) for the fiscal year for which the report is being 14 submitted. 15 (e) REGULATIONS.—The Secretary of Labor may pro- 16 mulgate such regulations as may be necessary to carry out 17 this Act. 18 (f) DEFINITIONS.—In this Act: 19 (1) COVERED EXPOSURE PERIOD.—The term 20 ‘‘covered exposure period’’ with respect to the date of 21 a diagnosis described in section 2(b)(1)(A), means the 22 period of days— 23 (A) ending on the date of such diagnosis; 24 and 25 VerDate Sep 11 2014 00:10 Sep 30, 2022 Jkt 029200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H3114.RH H3114 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •HR 3114 RH (B) equal to the maximum number of days 1 that the Secretary of Labor, with the concurrence 2 of the Director of the National Institute of Occu- 3 pational Safety and Health, determines could 4 occur between an exposure to the novel 5 coronavirus and a diagnosis of COVID–19 re- 6 sulting from such exposure. 7 (2) LHWCA TERMS.—The terms ‘‘carrier’’, 8 ‘‘compensation’’, ‘‘employee’’, and ‘‘employer’’ have 9 the meanings given the terms in section 2 of the 10 Longshore and Harbor Workers’ Compensation Act 11 (33 U.S.C. 902). 12 (3) LONGSHORE COVID-19 FUND.—The term 13 ‘‘Longshore COVID-19 Fund’’ means the fund estab- 14 lished in section 45 of the Longshore and Harbor 15 Workers’ Compensation Act (as added by section 4 of 16 this Act). 17 (4) NOVEL CORONAVIRUS.—The term ‘‘novel 18 coronavirus’’ means SARS–CoV–2, a variant of 19 SARS–CoV–2, or any other coronavirus declared to be 20 a pandemic by public health authorities. 21 SEC. 4. LONGSHORE COVID–19 FUND. 22 The Longshore and Harbor Workers’ Compensation 23 Act (33 U.S.C. 901 et seq.) is amended by adding after sec- 24 tion 44 the following: 25 VerDate Sep 11 2014 00:10 Sep 30, 2022 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H3114.RH H3114 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •HR 3114 RH ‘‘SEC. 45. LONGSHORE COVID–19 FUND. 1 ‘‘(a) IN GENERAL.—There is established in the Treas- 2 ury of the United States the Longshore COVID–19 Fund 3 (in this section, referred to as the ‘Fund’), which consists 4 of sums that are appropriated to the Fund under section 5 3(c) of the Longshore and Harbor Workers’ COVID–19 6 Compensation Act of 2022. 7 ‘‘(b) EXPENDITURES.—Amounts in the Fund shall be 8 available for the reimbursement of an employer or the em- 9 ployer’s carrier for compensation payments and expenses 10 approved under section 3 of the Longshore and Harbor 11 Workers’ COVID–19 Compensation Act of 2022, including 12 disability compensation, death benefits, funeral and burial 13 expenses, medical or other related costs for treatment and 14 care, and reasonable and necessary allocated claims ex- 15 penses paid under this Act when reimbursement is required 16 under section 3 of the Longshore and Harbor Workers’ 17 COVID–19 Compensation Act of 2022, subject to any limi- 18 tations in such section.’’. 19 VerDate Sep 11 2014 00:10 Sep 30, 2022 Jkt 029200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\H3114.RH H3114 pbinns on DSKJLVW7X2PROD with $$_JOB Union Calendar No. 387 117TH CONGRESS 2D SESSION H. R. 3114 [Report No. 117–526] A BILL To provide benefits authorized under the Longshore and Harbor Workers’ Compensation Act to mari- time workers who contract COVID–19, and for other purposes. SEPTEMBER 29, 2022 Reported with an amendment, committed to the Com- mittee of the Whole House on the State of the Union, and ordered to be printed VerDate Sep 11 2014 00:10 Sep 30, 2022 Jkt 029200 PO 00000 Frm 00012 Fmt 6651 Sfmt 6651 E:\BILLS\H3114.RH H3114 pbinns on DSKJLVW7X2PROD with $$_JOB