I 

116TH CONGRESS 

2D SESSION H. R. 7686 

To amend the Public Health Service Act to establish a program to provide 

full compensation to any essential COVID–19 frontline worker who was 

seriously injured or died as a result of having COVID–19, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 20, 2020 

Mr. KENNEDY introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To amend the Public Health Service Act to establish a program to provide full compensation to any essential 

COVID–19 frontline worker who was seriously injured 

or died as a result of having 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 Essential 

5 Workers Compensation Fund Act of 2020’’. 


pbinns on DSKJLVW7X2PROD with BILLS
2 

•HR 7686 IH

1 SEC. 2. COMPENSATING ESSENTIAL COVID–19 FRONTLINE 

2 WORKERS WHO ARE SERIOUSLY INJURED OR 

3 DIE. 

4 Title II of the Public Health Service Act (42 U.S.C. 

5 202 et seq.) is amended by adding at the end the fol6 lowing: 

7 ‘‘PART E—COMPENSATING COVID–19 FRONTLINE 

8 WORKERS WHO ARE SERIOUSLY INJURED OR 

9 DIE AS A RESULT OF HAVING COVID–19 

10 ‘‘SEC. 275. DEFINITIONS. 

11 ‘‘In this part, the following definitions apply: 

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

13 an individual filing a claim for compensation under 

14 section 275D(a)(1). 

15 ‘‘(2) COLLATERAL SOURCE.—The term ‘collat16 eral source’ means all collateral sources, including 

17 life insurance, pension funds, death benefit pro18 grams, and payments by Federal, State, or local 

19 governments related to injury or death as a result of 

20 having COVID–19. 

21 ‘‘(3) ECONOMIC LOSS.— 

22 ‘‘(A) The term ‘economic loss’ means any 

23 pecuniary loss resulting from harm (including 

24 the loss of earnings or other benefits related to 

25 employment, replacement services loss, loss due 

26 to death, burial costs, loss of business or emVerDate Sep 11 2014 21:04 Aug 06, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7686.IH H7686

pbinns on DSKJLVW7X2PROD with BILLS
3 

•HR 7686 IH

1 ployment opportunities, past and anticipated 

2 out-of-pocket medical expense loss) to the ex3 tent recovery for such loss is allowed under ap4 plicable State law. 

5 ‘‘(B) Notwithstanding subparagraph (A), 

6 in calculating economic loss for purposes of a 

7 claim for compensation under section 

8 275C(a)(1), the total loss of earnings related to 

9 employment shall not exceed $200,000 for any 

10 12-month period. 

11 ‘‘(4) ELIGIBLE ESSENTIAL COVID–19 FRONT12 LINE WORKER.—The term ‘eligible essential 

13 COVID–19 frontline worker’ means an essential 

14 COVID–19 frontline worker determined to be eligi15 ble for compensation under section 275C(d). 

16 ‘‘(5) ESSENTIAL COVID–19 FRONTLINE WORK17 ER.—The term ‘essential COVID–19 frontline work18 er’ means a worker whose job— 

19 ‘‘(A) is included in the ‘healthcare/public 

20 health’ category of essential critical infrastruc21 ture workers in version 3.0 of the guidance of 

22 the Department of Homeland Security issued 

23 on April 17, 2020, and titled ‘Guidance on the 

24 Essential Critical Infrastructure Workforce: 


pbinns on DSKJLVW7X2PROD with BILLS
4 

•HR 7686 IH

1 Ensuring Community and National Resilience 

2 in COVID–19 Response’; 

3 ‘‘(B) is included in another category of es4 sential critical infrastructure workers in version 

5 3.0 of such guidance; 

6 ‘‘(C) is to deliver goods or transport people 

7 during the COVID–19 public health emergency, 

8 but is not included in any of the categories de9 scribed in subparagraphs (A) and (B); or 

10 ‘‘(D) is determined by the Eligibility Com11 mittee to warrant treating such a worker as an 

12 essential COVID–19 frontline worker. 

13 ‘‘(6) NONECONOMIC LOSSES.—The term ‘non14 economic losses’ means losses for physical and emo15 tional pain, suffering, inconvenience, physical im16 pairment, mental anguish, disfigurement, loss of en17 joyment of life, loss of society and companionship, 

18 loss of consortium (other than loss of domestic serv19 ice), hedonic damages, injury to reputation, and all 

20 other nonpecuniary losses of any kind or nature. 

21 ‘‘(7) SECRETARY.—Except as inconsistent with 

22 this section, the term ‘Secretary’ means the Sec23 retary of Health and Human Services. 

24 ‘‘(8) SERIOUSLY INJURED.—The term ‘seriously 

25 injured’ means having injuries that— 


pbinns on DSKJLVW7X2PROD with BILLS
5 

•HR 7686 IH

1 ‘‘(A) give rise to a substantial risk of 

2 death; or 

3 ‘‘(B) cause serious, permanent disfigure4 ment or prolonged loss or impairment of the 

5 function of any body part or organ. 

6 ‘‘(9) SPECIAL MASTER.—The term ‘Special 

7 Master’ means the Special Master appointed under 

8 section 275B(a). 

9 ‘‘SEC. 275A. COMPENSATION PROGRAM. 

10 ‘‘The Secretary shall carry out a program to provide 

11 full compensation to any essential COVID–19 frontline 

12 worker (or one or more representatives acting on behalf 

13 of a deceased essential COVID–19 frontline worker) who 

14 was seriously injured or died as a result of having 

15 COVID–19. 

16 ‘‘SEC. 275B. ADMINISTRATION. 

17 ‘‘(a) IN GENERAL.—The Secretary, acting through a 

18 Special Master appointed by the Secretary, shall— 

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

21 ‘‘(2) promulgate all procedural and substantive 

22 rules for the administration of this part; and 

23 ‘‘(3) employ and supervise hearing officers and 

24 other administrative personnel to perform the duties 

25 of the Special Master under this part. 


pbinns on DSKJLVW7X2PROD with BILLS
6 

•HR 7686 IH

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) ELIGIBILITY COMMITTEE.— 

10 ‘‘(1) ESTABLISHMENT.—The Secretary shall es11 tablish a committee, to be known as the Eligibility 

12 Committee. 

13 ‘‘(2) COMPOSITION.—The Eligibility Committee 

14 shall be composed of seven members, of which— 

15 ‘‘(A) five shall be appointed by the Sec16 retary of Health and Human Services, of 

17 which— 

18 ‘‘(i) at least two shall be mental 

19 health professionals; and 

20 ‘‘(ii) at least one shall be an infectious 

21 disease clinician; and 

22 ‘‘(B) two shall be appointed by the Sec23 retary of Labor. 


pbinns on DSKJLVW7X2PROD with BILLS
7 

•HR 7686 IH

1 ‘‘(3) DUTIES.—The Eligibility Committee, in 

2 consultation with the Special Master, shall deter3 mine— 

4 ‘‘(A) as described in section 275(5)(C), the 

5 jobs, in addition to those described in section 

6 275(5)(A), warranting treatment of workers 

7 performing such jobs as essential COVID–19 

8 frontline workers; 

9 ‘‘(B) in accordance with section 275C, any 

10 other requirements needing to be met to be eli11 gible for compensation under this part; and 

12 ‘‘(C) hear and decide appeals brought pur13 suant to section 275C(b)(3)(A). 

14 ‘‘SEC. 275C. DETERMINATION OF ELIGIBILITY FOR COM15 PENSATION. 

16 ‘‘(a) FILING OF CLAIM.— 

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

18 for compensation under this part with the Special 

19 Master. The claim shall be on the form developed 

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

21 for eligibility for compensation and the amount of 

22 compensation sought. 

23 ‘‘(2) CLAIM FORM.— 

24 ‘‘(A) IN GENERAL.—The Special Master 

25 shall develop a claim form that claimants shall 


pbinns on DSKJLVW7X2PROD with BILLS
8 

•HR 7686 IH

1 use when submitting claims under paragraph 

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

3 form can be filed electronically, if determined to 

4 be practicable. 

5 ‘‘(B) CONTENTS.—The form developed 

6 under subparagraph (A) shall request— 

7 ‘‘(i) information from the claimant 

8 concerning the serious injury that the 

9 claimant suffered, or in the case of a claim 

10 filed with respect to a decedent informa11 tion confirming the decedent’s death, as a 

12 result of having COVID–19; 

13 ‘‘(ii) in the case of a claim concerning 

14 such serious injury, information concerning 

15 any economic and noneconomic losses that 

16 the claimant suffered as a result of the se17 rious injury; 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 such injury or death. 

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

23 under paragraph (1) after calendar year 2029. 

24 ‘‘(b) REVIEW AND DETERMINATION.— 


pbinns on DSKJLVW7X2PROD with BILLS
9 

•HR 7686 IH

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

2 a claim submitted under subsection (a) and, with re3 spect to a claimant determined to be an eligible indi4 vidual, determine— 

5 ‘‘(A) in the case of a claim concerning seri6 ous injury, the extent of the economic and non7 economic losses that the claimant suffered as a 

8 result of the injury; and 

9 ‘‘(B) in the case of a claim concerning seri10 ous injury or death, the amount of compensa11 tion to which the claimant is entitled under this 

12 part. 

13 ‘‘(2) NEGLIGENCE.—With respect to a claim14 ant, the Special Master shall not consider negligence 

15 or any other theory of liability. 

16 ‘‘(3) DETERMINATION.— 

17 ‘‘(A) PROCESS.—Not later than 120 days 

18 after that date on which a claim is filed under 

19 subsection (a), the Special Master shall com20 plete a review, make a determination, and pro21 vide written notice to the claimant, with respect 

22 to the matters that were the subject of the 

23 claim under review. Such a determination shall 

24 be final and not subject to judicial review, ex25 cept that a claimant may appeal the Special 


pbinns on DSKJLVW7X2PROD with BILLS
10 

•HR 7686 IH

1 Master’s determination to the Eligibility Com2 mittee established under section 275B(c). 

3 ‘‘(B) AMOUNT OF COMPENSATION FOR SE4 RIOUSLY INJURED CLAIMANTS.—The amount of 

5 the compensation awarded under this part to a 

6 claimant who was seriously injured as a result 

7 of having COVID–19 shall be equal to the 

8 amount of— 

9 ‘‘(i) the economic losses and non10 economic losses of the claimant as a result 

11 of having COVID–19; less 

12 ‘‘(ii) the collateral source compensa13 tion the claimant has received or is entitled 

14 to receive as a result of having COVID–19. 

15 ‘‘(C) ADDITIONAL COMPENSATION FOR DE16 CEDENTS.—In lieu of any compensation de17 scribed in subparagraph (B), the amount of the 

18 compensation awarded under this part in the 

19 case of a claimant who died as a result of hav20 ing COVID–19 shall be— 

21 ‘‘(i) full payment of any outstanding 

22 educational loans of the decedent, includ23 ing private loans, including principal and 

24 interest; 


pbinns on DSKJLVW7X2PROD with BILLS
11 

•HR 7686 IH

1 ‘‘(ii) a death benefit of $250,000 paid 

2 to the estate of the decedent; and 

3 ‘‘(iii) an additional death benefit of 

4 $100,000 paid to the spouse and each de5 pendent of the decedent. 

6 ‘‘(4) RIGHTS OF CLAIMANT.—A claimant in a 

7 review under paragraph (1) shall have— 

8 ‘‘(A) the right to be represented by an at9 torney; 

10 ‘‘(B) the right to present evidence, includ11 ing the presentation of witnesses and docu12 ments; and 

13 ‘‘(C) any other due process rights deter14 mined appropriate by the Special Master. 

15 ‘‘(5) NO PUNITIVE DAMAGES.—The Special 

16 Master may not include amounts for punitive dam17 ages in any compensation paid under a claim under 

18 this part. 

19 ‘‘(6) NO CAP.—The Special Master— 

20 ‘‘(A) shall, with respect to each claimant, 

21 award the full amount of the compensation cal22 culated under paragraph (3); and 

23 ‘‘(B) may not impose a cap on the total 

24 amount of such compensation. 


pbinns on DSKJLVW7X2PROD with BILLS
12 

•HR 7686 IH

1 ‘‘(c) NO CONSIDERATION OF RACE, ETHNICITY, 

2 GENDER, RELIGION, OR SEX.—Notwithstanding any 

3 other provision of law, the Special Master and Eligibility 

4 Committee may not award damages to a claimant as part 

5 of any compensation under this part using a calculation 

6 of the projected future earning potential of that claimant 

7 that takes into account race, color, ethnicity, national ori8 gin, religion, disability, or sex (including gender, gender 

9 identity, and sexual orientation). 

10 ‘‘(d) ELIGIBILITY.— 

11 ‘‘(1) IN GENERAL.—A claimant shall be deter12 mined to be an eligible essential COVID–19 front13 line worker for purposes of this subsection if the 

14 Special Master determines that such claimant, dur15 ing the COVID–19 emergency period, is an essential 

16 COVID–19 frontline worker (or is a representative 

17 acting on behalf of a deceased essential COVID–19 

18 frontline worker) who was seriously injured or died 

19 as a result of having (including being presumed to 

20 have) COVID–19, including an essential COVID–19 

21 frontline worker who committed suicide because of a 

22 mental health condition that was exacerbated or con23 tributed to by COVID–19. 

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

25 may be submitted under this part with respect to 


pbinns on DSKJLVW7X2PROD with BILLS
13 

•HR 7686 IH

1 compensation arising from the death of an eligible 

2 essential COVID–19 frontline worker. 

3 ‘‘(3) DEFINITION.—In this subsection, the term 

4 ‘COVID–19 emergency period’ has the meaning 

5 given to the term ‘emergency period’ in section 

6 1135(g)(1)(B) of the Social Security Act. 

7 ‘‘SEC. 275D. PAYMENTS TO ELIGIBLE INDIVIDUALS. 

8 ‘‘(a) IN GENERAL.—Not later than 20 days after the 

9 date on which a determination is made by the Special Mas10 ter regarding the amount of compensation due a claimant 

11 under this part, the Special Master shall authorize pay12 ment to such claimant of the amount determined with re13 spect to the claimant. 

14 ‘‘(b) PAYMENT AUTHORITY.—This part constitutes 

15 budget authority in advance of appropriations Acts and 

16 represents the obligation of the Federal Government to 

17 provide for the payment of amounts for compensation 

18 under this part. 

19 ‘‘SEC. 275E. REGULATIONS. 

20 ‘‘Not later than 90 days after the date of enactment 

21 of this part, the Secretary, in consultation with the Special 

22 Master, shall promulgate regulations to carry out this 

23 part, including regulations with respect to— 

24 ‘‘(1) forms to be used in submitting claims 

25 under this part; 


pbinns on DSKJLVW7X2PROD with BILLS
14 

•HR 7686 IH

1 ‘‘(2) the information to be included in such 

2 forms; 

3 ‘‘(3) procedures for hearing and the presen4 tation of evidence; 

5 ‘‘(4) procedures to assist an individual in filing 

6 and pursuing claims under this part; and 

7 ‘‘(5) other matters determined appropriate by 

8 the Secretary. 

9 ‘‘SEC. 275F. RIGHT OF SUBROGATION. 

10 ‘‘The United States shall have the right of subroga11 tion with respect to any claim paid by the United States 

12 under this part. 

13 ‘‘SEC. 275G. REPORT ON HEALTH OUTCOMES. 

14 ‘‘Not later than 2 years after the date of enactment 

15 of this part, the Secretary of Health and Human Services 

16 shall submit to the Congress and make publicly available 

17 a report on— 

18 ‘‘(1) whether the duration for which a health 

19 care provider or other worker is exposed to individ20 uals with COVID–19 impacts health outcomes; and 

21 ‘‘(2) whether the number of essential COVID– 

22 19 frontline workers residing in a community im23 pacted the spread of COVID–19 in the community. 


pbinns on DSKJLVW7X2PROD with BILLS
15 

•HR 7686 IH

1 ‘‘SEC. 275H. FUNDING. 

2 ‘‘(a) COMPENSATION.—To pay the compensation 

3 owed to claimants under this part, there is authorized to 

4 be appropriated, and there is appropriated, out of amounts 

5 in the Treasury not otherwise obligated, such sums as may 

6 be necessary. 

7 ‘‘(b) ADMINISTRATIVE AND SUPPORT COSTS.—For 

8 the administrative and support costs of carrying out this 

9 part, there are authorized to be appropriated such sums 

10 as may be necessary. 

11 ‘‘SEC. 275I. SUNSET DATE. 

12 ‘‘The program under this part shall terminate on 

13 January 1, 2035.’’. 

Æ 


pbinns on DSKJLVW7X2PROD with BILLS