I 

116TH CONGRESS 

2D SESSION H. R. 7628 

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 

JULY 16, 2020 

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 Compensation Fund to compensate claimants for harms resulting 

from suffering from COVID–19, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘COVID–19 Victims 

5 Compensation Fund Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act, the following definitions apply: 


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1 (1) CLAIMANT.—The term ‘‘claimant’’ means 

2 an individual filing a claim for compensation under 

3 this Act. 

4 (2) COLLATERAL SOURCE.—The term ‘‘collat5 eral source’’ means all compensation other than 

6 compensation under this Act, including life insur7 ance, pension funds, death benefit programs, and 

8 payments by Federal, State, local, Tribal, or terri9 torial governments. 

10 (3) ECONOMIC LOSS.—The term ‘‘economic 

11 loss’’ means any pecuniary loss (including the loss of 

12 earnings or other benefits related to employment, 

13 medical expense loss, replacement services loss, loss 

14 due to death, burial costs, and loss of business or 

15 employment opportunities) resulting from harm due 

16 to COVID–19 to the extent recovery for such loss is 

17 allowed under applicable Federal, State, local, Trib18 al, or territorial law. 

19 (4) NONECONOMIC LOSSES.—The term ‘‘non20 economic losses’’ means losses for physical and emo21 tional pain, suffering, inconvenience, physical im22 pairment, mental anguish, disfigurement, loss of en23 joyment of life, loss of society and companionship, 

24 loss of consortium (other than loss of domestic servVerDate Sep 11 2014 05:36 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7628.IH H7628

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1 ice), hedonic damages, injury to reputation, and all 

2 other nonpecuniary losses of any kind or nature. 

3 (5) SPECIAL MASTER.—The term ‘‘Special Mas4 ter’’ means the Special Master appointed by the Sec5 retary under section 3. 

6 (6) PLACE OF RESIDENCE.—The term ‘‘place of 

7 residence’’ means the physical location or locations 

8 at which the claimant resided or was residing during 

9 the eligibility period. 

10 (7) ELIGIBILITY PERIOD.—The term ‘‘eligibility 

11 period’’ means any time during which any Federal, 

12 State, Tribal, territorial, or local COVID–19 related 

13 emergency order or declaration (or equivalent) is or 

14 was in effect. 

15 SEC. 3. ADMINISTRATION. 

16 (a) IN GENERAL.—The Secretary of Health and 

17 Human Services, acting through a Special Master ap18 pointed by the Secretary, shall— 

19 (1) administer the compensation program es20 tablished under this Act; 

21 (2) promulgate all procedural and substantive 

22 rules for the administration of this Act; and 

23 (3) employ and supervise hearing officers and 

24 other administrative personnel to perform the duties 

25 of the Special Master under this Act. 


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1 (b) APPOINTMENT OF SPECIAL MASTER AND DEP2 UTY SPECIAL MASTERS.—The Secretary may appoint a 

3 Special Master and no more than two Deputy Special 

4 Masters without regard to the provisions of title 5, United 

5 States Code, governing appointments in the competitive 

6 service. Any such employee shall serve at the pleasure of 

7 the Secretary. The Secretary shall fix the annual salary 

8 of the Special Master and the Deputy Special Masters. 

9 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated such sums as may be 

11 necessary to pay the administrative and support costs for 

12 the Special Master in carrying out this Act. 

13 SEC. 4. DETERMINATION OF ELIGIBILITY FOR COMPENSA14 TION. 

15 (a) FILING OF CLAIM.— 

16 (1) IN GENERAL.—A claimant may file a claim 

17 for compensation under this Act with the Special 

18 Master. The claim shall be on the form developed 

19 under paragraph (2) and shall state the factual basis 

20 for eligibility for compensation and the amount of 

21 compensation sought. 

22 (2) CLAIM FORM.— 

23 (A) IN GENERAL.—The Special Master 

24 shall develop a claim form that claimants shall 

25 use when submitting claims under paragraph 


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1 (1). The Special Master shall ensure that such 

2 form can be filed electronically, if determined to 

3 be practicable. 

4 (B) CONTENTS.—The form developed 

5 under subparagraph (A) shall request— 

6 (i) information from the claimant con7 cerning the harm that the claimant suf8 fered as a result of COVID–19, or in the 

9 case of a claim filed on behalf of a dece10 dent, information confirming the dece11 dent’s death, as a result of COVID–19; 

12 (ii) information from the claimant 

13 concerning any possible economic and non14 economic losses that the claimant suffered 

15 as a result of COVID–19 or that was 

16 caused by the death of the decedent from 

17 COVID–19; and 

18 (iii) information regarding collateral 

19 sources of compensation the claimant has 

20 received or is entitled to receive as a result 

21 of COVID–19. 

22 (3) LIMITATION.—No claim may be filed under 

23 paragraph (1) after the date that is 5 years after 

24 the end of the eligibility period. 

25 (b) REVIEW AND DETERMINATION.— 


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1 (1) REVIEW.—The Special Master shall review 

2 a claim submitted under subsection (a) and deter3 mine— 

4 (A) whether the claimant is an eligible in5 dividual under subsection (c); and 

6 (B) with respect to a claimant determined 

7 to be an eligible individual— 

8 (i) the extent of the harm to the 

9 claimant, including any economic and non10 economic losses; and 

11 (ii) subject to paragraph (7), the 

12 amount of compensation to which the 

13 claimant is entitled based on the harm to 

14 the claimant, the facts of the claim, and 

15 the individual circumstances of the claim16 ant. 

17 (2) NEGLIGENCE.—With respect to a claimant, 

18 the Special Master shall not consider negligence or 

19 any other theory of liability. 

20 (3) DETERMINATION.—A determination under 

21 this subsection shall be final and not subject to judi22 cial review. 

23 (4) RIGHTS OF CLAIMANT.—A claimant in a re24 view under paragraph (1) shall have— 


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1 (A) the right to be represented by an at2 torney or other representative; 

3 (B) the right to present evidence, including 

4 the presentation of witnesses and documents; 

5 and 

6 (C) any other due process rights deter7 mined appropriate by the Special Master. 

8 (5) NO PUNITIVE DAMAGES.—The Special Mas9 ter may not include amounts for punitive damages 

10 in any compensation paid under a claim under this 

11 Act. 

12 (6) COLLATERAL COMPENSATION.—The Special 

13 Master shall reduce the amount of compensation de14 termined under paragraph (1) by the amount of the 

15 collateral source compensation the claimant has re16 ceived or is entitled to receive as a result of the 

17 claimant suffering from COVID–19. 

18 (7) LIMITATIONS ON CLAIMS.—Noneconomic 

19 losses shall not exceed such limit as the Special Mas20 ter may impose. 

21 (c) ELIGIBILITY.— 

22 (1) IN GENERAL.—A claimant or decedent shall 

23 be determined to be an eligible individual for pur24 poses of this subsection if the Special Master deter25 mines that such claimant or decedent— 


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1 (A)(i) was permanently residing in the 

2 United States, without regard to whether the 

3 claimant or decedent had any lawful status 

4 under the immigration laws (as such terms are 

5 defined in section 101 of the Immigration and 

6 Nationality Act (8 U.S.C. 1101)), during all or 

7 a portion of the eligibility period; or 

8 (ii) was present in the United States dur9 ing all or a portion of the eligibility period and 

10 a family member of an individual so residing; 

11 (B) expressed symptoms consistent with 

12 COVID–19, including those with laboratory 

13 confirmations or diagnosis by a health care pro14 vider, or for whom there is or was an absence 

15 of an alternate diagnosis that explains claim16 ant’s or decedent’s symptoms; 

17 (C) suffered economic loss; and 

18 (D) meets the requirements of paragraph 

19 (2). 

20 (2) SINGLE CLAIM.—Not more than one claim 

21 may be submitted under this Act by an individual or 

22 on behalf of a deceased individual. If the claimant 

23 dies during the pendency of a claim, the decedent’s 

24 family or other individual representing the decedent 


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1 may continue the claimant’s claim with added ex2 penses related to the claimant’s death, as needed. 

3 SEC. 5. ASSISTANCE TO CLAIMANTS. 

4 The Special Master will establish an office to provide 

5 assistance to all claimants in submitting claims. 

6 SEC. 6. PAYMENTS TO ELIGIBLE INDIVIDUALS. 

7 (a) IN GENERAL.—Subject to the limitations under 

8 subsection (d), not later than 20 days after the date on 

9 which a determination is made by the Special Master re10 garding the amount of compensation due a claimant under 

11 this Act, the Special Master shall authorize payment to 

12 such claimant of the amount determined with respect to 

13 the claimant. 

14 (b) FUNDING.— 

15 (1) IN GENERAL.—The Secretary is authorized 

16 to accept such amounts as may be contributed by in17 dividuals, business concerns, or other entities to 

18 carry out this Act, under such terms and conditions 

19 as the Secretary may impose. 

20 (2) USE OF SEPARATE ACCOUNT.—In making 

21 payments under this section, amounts contained in 

22 any account containing funds provided under para23 graph (1) shall be used prior to using appropriated 

24 amounts. 


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1 (c) DEVELOPMENT OF AGENCY POLICIES AND PRO2 CEDURES.—Not later than 120 days after the date of en3 actment the Special Master shall develop agency policies 

4 and procedures that meet the requirements including poli5 cies and procedures for presumptive award schedules, ad6 ministrative expenses, and related internal memoranda. 

7 (d) ATTORNEY FEES.—The Special Master shall have 

8 the sole discretion to determine reasonable compensation 

9 for services rendered for attorney fees for services ren10 dered, if any. 

11 SEC. 7. REGULATIONS. 

12 Not later than 90 days after the date of enactment 

13 of this Act, the Secretary, in consultation with the Special 

14 Master, shall promulgate regulations to carry out this Act, 

15 including regulations with respect to— 

16 (1) forms to be used in submitting claims under 

17 this Act; 

18 (2) the information to be included in such 

19 forms; 

20 (3) procedures for hearing and the presentation 

21 of evidence; 

22 (4) procedures to assist an individual in filing 

23 and pursuing claims under this Act; and 

24 (5) other matters determined appropriate by 

25 the Secretary. 


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1 SEC. 8. RIGHT OF SUBROGATION. 

2 The United States shall have the right of subrogation 

3 with respect to any claim paid by the United States, sub4 ject to the limitation described in this Act. 

5 SEC. 9. VICTIM COMPENSATION FUND. 

6 (a) IN GENERAL.—There is established in the Treas7 ury of the United States a fund to be known as the 

8 ‘‘COVID–19 Compensation Fund’’, consisting of amounts 

9 deposited into such fund under subsection (b). 

10 (b) AVAILABILITY OF FUNDS.—Amounts deposited 

11 into the COVID–19 Compensation Fund shall be avail12 able, without further appropriation, to the Special Master 

13 to provide compensation. 

14 (c) TERMINATION.—The COVID–19 Compensation 

15 Fund shall be permanently closed on the date that is 1 

16 year after the Special Master determines that no addi17 tional claims may be filed. 

18 SEC. 10. APPROPRIATION. 

19 There is authorized to be appropriated for purposes 

20 of carrying out this Act such sums as may be necessary 

21 for fiscal year 2020 and each fiscal year thereafter 

22 through fiscal year 2026, to remain available until ex23 pended. 

Æ 


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