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. 

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 ‘‘Coronavirus Victims 

5 Compensation Fund Act of 2020’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act, the following definitions apply: 

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

9 an individual filing a claim for compensation under 

10 this Act. 


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1 (2) COLLATERAL SOURCE.—The term ‘‘collat2 eral source’’ means all compensation other than 

3 compensation under this Act, including life insur4 ance, pension funds, death benefit programs, and 

5 payments by Federal, State, Territory, or local gov6 ernments. 

7 (3) COVID–19.—The term ‘‘COVID–19’’ 

8 means novel coronavirus disease 2019, as identified 

9 by the Centers for Disease Control. 

10 (4) 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 (5) 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 22:45 Aug 05, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7672.IH H7672

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

2 other nonpecuniary losses of any kind or nature. 

3 (6) SPECIAL MASTER.—The term ‘‘Special Mas4 ter’’ means the Special Master appointed by the At5 torney General under section 3. 

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

7 residence’’ means the physical location or locations 

8 at which claimant resided or was residing during the 

9 eligibility period. 

10 (8) 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, regardless of the claimant’s place of 

15 residence. 

16 SEC. 3. ADMINISTRATION. 

17 (a) IN GENERAL.—The Attorney General, acting 

18 through a Special Master appointed by the Attorney Gen19 eral, shall— 

20 (1) administer the compensation program es21 tablished under this Act; 

22 (2) promulgate all procedural and substantive 

23 rules for the administration of this Act; and 


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1 (3) employ and supervise hearing officers and 

2 other administrative personnel to perform the duties 

3 of the Special Master under this Act. 

4 (b) APPOINTMENT OF SPECIAL MASTER AND DEP5 UTY SPECIAL MASTERS.—The Attorney General may ap6 point a Special Master and no more than two Deputy Spe7 cial Masters without regard to the provisions of title 5, 

8 United States Code, governing appointments in the com9 petitive service. Any such employee shall serve at the 

10 pleasure of the Attorney General. The Attorney General 

11 shall fix the annual salary of the Special Master and the 

12 Deputy Special Masters. 

13 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated such sums as may be 

15 necessary to pay the administrative and support costs for 

16 the Special Master in carrying out this Act. 

17 SEC. 4. DETERMINATION OF ELIGIBILITY FOR COMPENSA18 TION. 

19 (a) FILING OF CLAIM.— 

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

21 for compensation under this Act with the Special 

22 Master. The claim shall be on the form developed 

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

24 for eligibility for compensation and the amount of 

25 compensation sought. 


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1 (2) CLAIM FORM.— 

2 (A) IN GENERAL.—The Special Master 

3 shall develop a claim form that claimants shall 

4 use when submitting claims under paragraph 

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

6 form can be filed electronically, if determined to 

7 be practicable. 

8 (B) CONTENTS.—The form developed 

9 under subparagraph (A) shall request— 

10 (i) information from the claimant con11 cerning the harm that the claimant suf12 fered as a result of COVID–19, or in the 

13 case of a claim filed on behalf of a dece14 dent, information confirming the dece15 dent’s death, as a result of COVID–19; 

16 (ii) information from the claimant 

17 concerning any possible economic and non18 economic losses that the claimant suffered 

19 as a result of COVID–19 or that was 

20 caused by the death of the decedent from 

21 COVID–19; and 

22 (iii) information regarding collateral 

23 sources of compensation the claimant has 

24 received or is entitled to receive as a result 

25 of COVID–19. 


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

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

3 the end of the eligibility period. 

4 (b) REVIEW AND DETERMINATION.— 

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

6 a claim submitted under subsection (a) and deter7 mine— 

8 (A) whether the claimant is an eligible in9 dividual under subsection (c); and 

10 (B) with respect to a claimant determined 

11 to be an eligible individual— 

12 (i) the extent of the harm to the 

13 claimant, including any economic and non14 economic losses; and 

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

16 amount of compensation to which the 

17 claimant is entitled based on the harm to 

18 the claimant, the facts of the claim, and 

19 the individual circumstances of the claim20 ant. 

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

22 the Special Master shall not consider negligence or 

23 any other theory of liability. 


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1 (3) DETERMINATION.—A determination under 

2 this subsection shall be final and not subject to judi3 cial review. 

4 (4) RIGHTS OF CLAIMANT.—A claimant in a re5 view under paragraph (1) shall have— 

6 (A) the right to be represented by an at7 torney or other representative; 

8 (B) the right to present evidence, including 

9 the presentation of witnesses and documents; 

10 and 

11 (C) any other due process rights deter12 mined appropriate by the Special Master. 

13 (5) NO PUNITIVE DAMAGES.—The Special Mas14 ter may not include amounts for punitive damages 

15 in any compensation paid under a claim under this 

16 Act. 

17 (6) COLLATERAL COMPENSATION.—The Special 

18 Master shall reduce the amount of compensation de19 termined under paragraph (1) by the amount of the 

20 collateral source compensation the claimant has re21 ceived or is entitled to receive as a result of the 

22 claimant suffering from COVID–19. 

23 (7) LIMITATIONS ON CLAIMS.—Noneconomic 

24 losses shall not exceed such limit as the Special Mas25 ter may impose. 


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1 (c) ELIGIBILITY.— 

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

3 be determined to be an eligible individual for pur4 poses of this subsection if the Special Master deter5 mines that such claimant or decedent— 

6 (A) expressed symptoms consistent with 

7 COVID–19, including those with laboratory 

8 confirmations, diagnosis by a healthcare pro9 vider, or for whom there is or was an absence 

10 of an alternate diagnosis that explains claim11 ant’s or decedent’s symptoms; 

12 (B) suffered economic loss; and 

13 (C) meets the requirements of paragraph 

14 (2). 

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

16 may be submitted under this Act by an individual or 

17 on behalf of a deceased individual. If the claimant 

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

19 family or other individual representing the decedent 

20 may continue the claimant’s claim with added ex21 penses related to the claimant’s death, as needed. 

22 SEC. 5. ASSISTANCE TO CLAIMANTS. 

23 The Special Master will establish an office to provide 

24 assistance to all claimants in submitting claims. 


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1 SEC. 6. PAYMENTS TO ELIGIBLE INDIVIDUALS. 

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

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

4 which a determination is made by the Special Master re5 garding the amount of compensation due a claimant under 

6 this Act, the Special Master shall authorize payment to 

7 such claimant of the amount determined with respect to 

8 the claimant. 

9 (b) FUNDING.— 

10 (1) IN GENERAL.—The Attorney General is au11 thorized to accept such amounts as may be contrib12 uted by individuals, business concerns, or other enti13 ties to carry out this Act, under such terms and con14 ditions as the Attorney General may impose. 

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

16 payments under this section, amounts contained in 

17 any account containing funds provided under para18 graph (1) shall be used prior to using appropriated 

19 amounts. 

20 (c) DEVELOPMENT OF AGENCY POLICIES AND PRO21 CEDURES.—Not later than 120 days after the date of en22 actment the Special Master shall develop agency policies 

23 and procedures that meet the requirements including poli24 cies and procedures for presumptive award schedules, ad25 ministrative expenses, and related internal memoranda. 


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

2 the sole discretion to determine reasonable compensation 

3 for services rendered for attorney fees for services ren4 dered, if any. 

5 SEC. 7. REGULATIONS. 

6 Not later than 90 days after the date of enactment 

7 of this Act, the Attorney General, in consultation with the 

8 Special Master, shall promulgate regulations to carry out 

9 this Act, including regulations with respect to— 

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

11 this Act; 

12 (2) the information to be included in such 

13 forms; 

14 (3) procedures for hearing and the presentation 

15 of evidence; 

16 (4) procedures to assist an individual in filing 

17 and pursuing claims under this Act; and 

18 (5) other matters determined appropriate by 

19 the Attorney General. 

20 SEC. 8. RIGHT OF SUBROGATION. 

21 The United States shall have the right of subrogation 

22 with respect to any claim paid by the United States, sub23 ject to the limitation described in this Act. 


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1 SEC. 9. COVID–19 VICTIMS COMPENSATION FUND. 

2 (a) IN GENERAL.—There is established in the Treas3 ury of the United States a fund to be known as the 

4 ‘‘COVID–19 Victims Compensation Fund’’, consisting of 

5 amounts deposited into such fund under subsection (b). 

6 (b) AVAILABILITY OF FUNDS.—Amounts deposited 

7 into the COVID–19 Victims Compensation Fund shall be 

8 available, without further appropriation, to the Special 

9 Master to provide compensation. 

10 (c) TERMINATION.—The COVID–19 Victims Com11 pensation Fund shall be permanently closed on the date 

12 that is 1 year after the Special Master determines that 

13 no additional claims may be filed. 

14 SEC. 10. APPROPRIATION. 

15 There is authorized to be appropriated for purposes 

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

17 for fiscal year 2020 and each fiscal year thereafter 

18 through fiscal year 2026, to remain available until ex19 pended. 

Æ 


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