Coronavirus Victims Compensation Fund Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 7672 To provide for the establishment of a COVID–19 Victims Compensation Fund, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JULY 20, 2020 Mr. VELA introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide for the establishment of a COVID–19 Victims 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 ‘‘Coronavirus Victims 4 Compensation Fund Act of 2020’’. 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 22:45 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7672.IH H7672 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 7672 IH (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. 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) 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 22:45 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7672.IH H7672 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 7672 IH ice), hedonic damages, injury to reputation, and all 1 other nonpecuniary losses of any kind or nature. 2 (6) SPECIAL MASTER.—The term ‘‘Special Mas- 3 ter’’ means the Special Master appointed by the At- 4 torney General under section 3. 5 (7) PLACE OF RESIDENCE.—The term ‘‘place of 6 residence’’ means the physical location or locations 7 at which claimant resided or was residing during the 8 eligibility period. 9 (8) 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, regardless of the claimant’s place of 14 residence. 15 SEC. 3. ADMINISTRATION. 16 (a) IN GENERAL.—The Attorney General, acting 17 through a Special Master appointed by the Attorney Gen- 18 eral, shall— 19 (1) administer the compensation program es- 20 tablished under this Act; 21 (2) promulgate all procedural and substantive 22 rules for the administration of this Act; and 23 VerDate Sep 11 2014 22:45 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7672.IH H7672 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 7672 IH (3) employ and supervise hearing officers and 1 other administrative personnel to perform the duties 2 of the Special Master under this Act. 3 (b) APPOINTMENT OF SPECIAL MASTER AND DEP- 4 UTY SPECIAL MASTERS.—The Attorney General may ap- 5 point a Special Master and no more than two Deputy Spe- 6 cial Masters without regard to the provisions of title 5, 7 United States Code, governing appointments in the com- 8 petitive service. Any such employee shall serve at the 9 pleasure of the Attorney General. The Attorney General 10 shall fix the annual salary of the Special Master and the 11 Deputy Special Masters. 12 (c) AUTHORIZATION OF APPROPRIATIONS.—There 13 are authorized to be appropriated such sums as may be 14 necessary to pay the administrative and support costs for 15 the Special Master in carrying out this Act. 16 SEC. 4. DETERMINATION OF ELIGIBILITY FOR COMPENSA- 17 TION. 18 (a) FILING OF CLAIM.— 19 (1) IN GENERAL.—A claimant may file a claim 20 for compensation under this Act with the Special 21 Master. The claim shall be on the form developed 22 under paragraph (2) and shall state the factual basis 23 for eligibility for compensation and the amount of 24 compensation sought. 25 VerDate Sep 11 2014 22:45 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7672.IH H7672 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 7672 IH (2) CLAIM FORM.— 1 (A) IN GENERAL.—The Special Master 2 shall develop a claim form that claimants shall 3 use when submitting claims under paragraph 4 (1). The Special Master shall ensure that such 5 form can be filed electronically, if determined to 6 be practicable. 7 (B) CONTENTS.—The form developed 8 under subparagraph (A) shall request— 9 (i) information from the claimant con- 10 cerning the harm that the claimant suf- 11 fered as a result of COVID–19, or in the 12 case of a claim filed on behalf of a dece- 13 dent, information confirming the dece- 14 dent’s death, as a result of COVID–19; 15 (ii) information from the claimant 16 concerning any possible economic and non- 17 economic losses that the claimant suffered 18 as a result of COVID–19 or that was 19 caused by the death of the decedent from 20 COVID–19; and 21 (iii) information regarding collateral 22 sources of compensation the claimant has 23 received or is entitled to receive as a result 24 of COVID–19. 25 VerDate Sep 11 2014 22:45 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7672.IH H7672 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 7672 IH (3) LIMITATION.—No claim may be filed under 1 paragraph (1) after the date that is 5 years after 2 the end of the eligibility period. 3 (b) REVIEW AND DETERMINATION.— 4 (1) REVIEW.—The Special Master shall review 5 a claim submitted under subsection (a) and deter- 6 mine— 7 (A) whether the claimant is an eligible in- 8 dividual under subsection (c); and 9 (B) with respect to a claimant determined 10 to be an eligible individual— 11 (i) the extent of the harm to the 12 claimant, including any economic and non- 13 economic losses; and 14 (ii) subject to paragraph (7), the 15 amount of compensation to which the 16 claimant is entitled based on the harm to 17 the claimant, the facts of the claim, and 18 the individual circumstances of the claim- 19 ant. 20 (2) NEGLIGENCE.—With respect to a claimant, 21 the Special Master shall not consider negligence or 22 any other theory of liability. 23 VerDate Sep 11 2014 22:45 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7672.IH H7672 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 7672 IH (3) DETERMINATION.—A determination under 1 this subsection shall be final and not subject to judi- 2 cial review. 3 (4) RIGHTS OF CLAIMANT.—A claimant in a re- 4 view under paragraph (1) shall have— 5 (A) the right to be represented by an at- 6 torney or other representative; 7 (B) the right to present evidence, including 8 the presentation of witnesses and documents; 9 and 10 (C) any other due process rights deter- 11 mined appropriate by the Special Master. 12 (5) NO PUNITIVE DAMAGES.—The Special Mas- 13 ter may not include amounts for punitive damages 14 in any compensation paid under a claim under this 15 Act. 16 (6) COLLATERAL COMPENSATION.—The Special 17 Master shall reduce the amount of compensation de- 18 termined under paragraph (1) by the amount of the 19 collateral source compensation the claimant has re- 20 ceived or is entitled to receive as a result of the 21 claimant suffering from COVID–19. 22 (7) LIMITATIONS ON CLAIMS.—Noneconomic 23 losses shall not exceed such limit as the Special Mas- 24 ter may impose. 25 VerDate Sep 11 2014 22:45 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7672.IH H7672 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 7672 IH (c) ELIGIBILITY.— 1 (1) IN GENERAL.—A claimant or decedent shall 2 be determined to be an eligible individual for pur- 3 poses of this subsection if the Special Master deter- 4 mines that such claimant or decedent— 5 (A) expressed symptoms consistent with 6 COVID–19, including those with laboratory 7 confirmations, diagnosis by a healthcare pro- 8 vider, or for whom there is or was an absence 9 of an alternate diagnosis that explains claim- 10 ant’s or decedent’s symptoms; 11 (B) suffered economic loss; and 12 (C) meets the requirements of paragraph 13 (2). 14 (2) SINGLE CLAIM.—Not more than one claim 15 may be submitted under this Act by an individual or 16 on behalf of a deceased individual. If the claimant 17 dies during the pendency of a claim, the decedent’s 18 family or other individual representing the decedent 19 may continue the claimant’s claim with added ex- 20 penses related to the claimant’s death, as needed. 21 SEC. 5. ASSISTANCE TO CLAIMANTS. 22 The Special Master will establish an office to provide 23 assistance to all claimants in submitting claims. 24 VerDate Sep 11 2014 22:45 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H7672.IH H7672 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 7672 IH SEC. 6. PAYMENTS TO ELIGIBLE INDIVIDUALS. 1 (a) IN GENERAL.—Subject to the limitations under 2 subsection (d), not later than 20 days after the date on 3 which a determination is made by the Special Master re- 4 garding the amount of compensation due a claimant under 5 this Act, the Special Master shall authorize payment to 6 such claimant of the amount determined with respect to 7 the claimant. 8 (b) FUNDING.— 9 (1) IN GENERAL.—The Attorney General is au- 10 thorized to accept such amounts as may be contrib- 11 uted by individuals, business concerns, or other enti- 12 ties to carry out this Act, under such terms and con- 13 ditions as the Attorney General may impose. 14 (2) USE OF SEPARATE ACCOUNT.—In making 15 payments under this section, amounts contained in 16 any account containing funds provided under para- 17 graph (1) shall be used prior to using appropriated 18 amounts. 19 (c) DEVELOPMENT OF AGENCY POLICIES AND PRO- 20 CEDURES.—Not later than 120 days after the date of en- 21 actment the Special Master shall develop agency policies 22 and procedures that meet the requirements including poli- 23 cies and procedures for presumptive award schedules, ad- 24 ministrative expenses, and related internal memoranda. 25 VerDate Sep 11 2014 22:45 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H7672.IH H7672 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 7672 IH (d) ATTORNEY FEES.—The Special Master shall have 1 the sole discretion to determine reasonable compensation 2 for services rendered for attorney fees for services ren- 3 dered, if any. 4 SEC. 7. REGULATIONS. 5 Not later than 90 days after the date of enactment 6 of this Act, the Attorney General, in consultation with the 7 Special Master, shall promulgate regulations to carry out 8 this Act, including regulations with respect to— 9 (1) forms to be used in submitting claims under 10 this Act; 11 (2) the information to be included in such 12 forms; 13 (3) procedures for hearing and the presentation 14 of evidence; 15 (4) procedures to assist an individual in filing 16 and pursuing claims under this Act; and 17 (5) other matters determined appropriate by 18 the Attorney General. 19 SEC. 8. RIGHT OF SUBROGATION. 20 The United States shall have the right of subrogation 21 with respect to any claim paid by the United States, sub- 22 ject to the limitation described in this Act. 23 VerDate Sep 11 2014 22:45 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H7672.IH H7672 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 7672 IH SEC. 9. COVID–19 VICTIMS COMPENSATION FUND. 1 (a) IN GENERAL.—There is established in the Treas- 2 ury of the United States a fund to be known as the 3 ‘‘COVID–19 Victims Compensation Fund’’, consisting of 4 amounts deposited into such fund under subsection (b). 5 (b) AVAILABILITY OF FUNDS.—Amounts deposited 6 into the COVID–19 Victims Compensation Fund shall be 7 available, without further appropriation, to the Special 8 Master to provide compensation. 9 (c) TERMINATION.—The COVID–19 Victims Com- 10 pensation Fund shall be permanently closed on the date 11 that is 1 year after the Special Master determines that 12 no additional claims may be filed. 13 SEC. 10. APPROPRIATION. 14 There is authorized to be appropriated for purposes 15 of carrying out this Act such sums as may be necessary 16 for fiscal year 2020 and each fiscal year thereafter 17 through fiscal year 2026, to remain available until ex- 18 pended. 19 Æ VerDate Sep 11 2014 22:45 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\H7672.IH H7672 kjohnson on DSK79L0C42PROD with BILLS