I 

117TH CONGRESS 

1ST SESSION H. R. 1357 

To provide for the establishment of a COVID–19 Compensation Fund, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 25, 2021 

Mrs. CAROLYN B. MALONEY of New York (for herself, Ms. BARRAGA ́N, Mr. 

BISHOP of Georgia, Mr. CARSON, Ms. CLARKE of New York, Mr. CONNOLLY, Mr. CUELLAR, Ms. DEAN, Mr. DESAULNIER, Ms. ESHOO, Mr. 

ESPAILLAT, Mr. GOMEZ, Mrs. HAYES, Mr. HASTINGS, Ms. NORTON, Ms. 

JACKSON LEE, Mr. JONES, Ms. KAPTUR, Mr. KEATING, Mr. KHANNA, 

Mrs. LAWRENCE, Mr. LYNCH, Ms. MENG, Ms. OCASIO-CORTEZ, Mr. 

PAYNE, Ms. PRESSLEY, Mr. RASKIN, Miss RICE of New York, Ms. 

SHERRILL, Mr. SIRES, Mr. SOTO, Mr. SUOZZI, Mr. TONKO, Mr. THOMPSON of Mississippi, Mr. VELA, Ms. VELA ́ZQUEZ, Ms. WATERS, Mrs. WATSON COLEMAN, Mr. WELCH, and Mr. SAN NICOLAS) 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, 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 ‘‘Pandemic Heroes 

5 Compensation Act of 2021’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act, the following definitions apply: 

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

4 an individual filing a claim for compensation under 

5 this Act. 

6 (2) COLLATERAL SOURCE.—The term ‘‘collat7 eral source’’ means all compensation other than 

8 compensation under this Act, including life insur9 ance, pension funds, death benefit programs, and 

10 payments by Federal, State, Territory, or local gov11 ernments. 

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

13 means novel coronavirus disease 2019, as identified 

14 by the Centers for Disease Control. 

15 (4) ECONOMIC LOSS.—The term ‘‘economic 

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

17 earnings or other benefits related to employment, 

18 medical expense loss, replacement services loss, loss 

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

20 employment opportunities) resulting from harm due 

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

22 allowed under applicable Federal, State, local, Trib23 al, or territorial law. 

24 (5) ESSENTIAL WORKER.—The term ‘‘essential 

25 worker’’ means any individual, employee, or con26 tractor working for a person, business, nonprofit enVerDate Sep 11 2014 23:29 Mar 30, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1357.IH H1357

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1 tity, or Federal, State, tribal, territorial or local gov2 ernment that is determined, during the response to 

3 the COVID–19 pandemic, to be essential, based on 

4 State, local, tribal, or territorial orders or declara5 tions (or equivalent), or Federal guidance published 

6 by the Cyber & Infrastructure Security Agency 

7 (CISA), and who performed work outside their place 

8 of residence. 

9 (6) NONECONOMIC LOSSES.—The term ‘‘non10 economic losses’’ means losses for physical and emo11 tional pain, suffering, inconvenience, physical im12 pairment, mental anguish, disfigurement, loss of en13 joyment of life, loss of society and companionship, 

14 loss of consortium (other than loss of domestic serv15 ice), hedonic damages, injury to reputation, and all 

16 other nonpecuniary losses of any kind or nature. 

17 (7) SPECIAL MASTER.—The term ‘‘Special Mas18 ter’’ means the Special Master appointed by the At19 torney General under section 3. 

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

21 residence’’ means the physical location or locations 

22 at which claimant resided or was residing during the 

23 eligibility period. 

24 (9) ELIGIBILITY PERIOD.—The term ‘‘eligibility 

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


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

2 emergency order or declaration (or equivalent) is or 

3 was in effect, regardless of the claimant’s place of 

4 residence. 

5 SEC. 3. ADMINISTRATION. 

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

7 through a Special Master appointed by the Attorney Gen8 eral, shall— 

9 (1) administer the compensation program es10 tablished under this Act; 

11 (2) promulgate all procedural and substantive 

12 rules for the administration of this Act; and 

13 (3) employ and supervise hearing officers and 

14 other administrative personnel to perform the duties 

15 of the Special Master under this Act. 

16 (b) APPOINTMENT OF SPECIAL MASTER AND DEP17 UTY SPECIAL MASTERS.—The Attorney General may ap18 point a Special Master and no more than two Deputy Spe19 cial Masters without regard to the provisions of title 5, 

20 United States Code, governing appointments in the com21 petitive service. Any such employee shall serve at the 

22 pleasure of the Attorney General. The Attorney General 

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

24 Deputy Special Masters. 


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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated such sums as may be 

3 necessary to pay the administrative and support costs for 

4 the Special Master in carrying out this Act. 

5 SEC. 4. DETERMINATION OF ELIGIBILITY FOR COMPENSA6 TION. 

7 (a) FILING OF CLAIM.— 

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

9 for compensation under this Act with the Special 

10 Master. The claim shall be on the form developed 

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

12 for eligibility for compensation and the amount of 

13 compensation sought. 

14 (2) CLAIM FORM.— 

15 (A) IN GENERAL.—The Special Master 

16 shall develop a claim form that claimants shall 

17 use when submitting claims under paragraph 

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

19 form can be filed electronically, if determined to 

20 be practicable. 

21 (B) CONTENTS.—The form developed 

22 under subparagraph (A) shall request— 

23 (i) information from the claimant con24 cerning the harm that the claimant suf25 fered as a result of COVID–19, or in the 


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1 case of a claim filed on behalf of a dece2 dent, information confirming the dece3 dent’s death, as a result of COVID–19; 

4 (ii) information establishing that the 

5 claimant or decedent was an essential 

6 worker; 

7 (iii) information from the claimant 

8 concerning any possible economic and non9 economic losses that the claimant suffered 

10 as a result of COVID–19 or that was 

11 caused by the death of the decedent from 

12 COVID–19; and 

13 (iv) information regarding collateral 

14 sources of compensation the claimant has 

15 received or is entitled to receive as a result 

16 of COVID–19. 

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

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

19 the end of the eligibility period. 

20 (b) REVIEW AND DETERMINATION.— 

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

22 a claim submitted under subsection (a) and deter23 mine— 

24 (A) whether the claimant is an eligible in25 dividual under subsection (c); and 


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1 (B) with respect to a claimant determined 

2 to be an eligible individual— 

3 (i) the extent of the harm to the 

4 claimant, including any economic and non5 economic losses; and 

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

7 amount of compensation to which the 

8 claimant is entitled based on the harm to 

9 the claimant, the facts of the claim, and 

10 the individual circumstances of the claim11 ant. 

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

13 the Special Master shall not consider negligence or 

14 any other theory of liability. 

15 (3) DETERMINATION.—A determination under 

16 this subsection shall be final and not subject to judi17 cial review. 

18 (4) RIGHTS OF CLAIMANT.—A claimant in a re19 view under paragraph (1) shall have— 

20 (A) the right to be represented by an at21 torney or other representative; 

22 (B) the right to present evidence, including 

23 the presentation of witnesses and documents; 

24 and 


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1 (C) any other due process rights deter2 mined appropriate by the Special Master. 

3 (5) NO PUNITIVE DAMAGES.—The Special Mas4 ter may not include amounts for punitive damages 

5 in any compensation paid under a claim under this 

6 Act. 

7 (6) COLLATERAL COMPENSATION.—The Special 

8 Master shall reduce the amount of compensation de9 termined under paragraph (1) by the amount of the 

10 collateral source compensation the claimant has re11 ceived or is entitled to receive as a result of the 

12 claimant suffering from COVID–19. 

13 (7) LIMITATIONS ON CLAIMS.—Noneconomic 

14 losses shall not exceed such limit as the Special Mas15 ter may impose. 

16 (c) ELIGIBILITY.— 

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

18 be determined to be an eligible individual for pur19 poses of this subsection if the Special Master deter20 mines that such claimant or decedent— 

21 (A) was designated an essential worker 

22 during the eligibility period or was a family 

23 member of such an essential worker who re24 sided with the essential worker during the eligi25 bility period; 


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1 (B) expressed symptoms consistent with 

2 COVID–19, including those with laboratory 

3 confirmations, diagnosis by a healthcare pro4 vider, or for whom there is or was an absence 

5 of an alternate diagnosis that explains claim6 ant’s or decedent’s symptoms; 

7 (C) suffered economic loss; and 

8 (D) meets the requirements of paragraph 

9 (2). 

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

11 may be submitted under this Act by an individual or 

12 on behalf of a deceased individual. If the claimant 

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

14 family or other individual representing the decedent 

15 may continue the claimant’s claim with added ex16 penses related to the claimant’s death, as needed. 

17 SEC. 5. ASSISTANCE TO CLAIMANTS. 

18 The Special Master will establish an office to provide 

19 assistance to all claimants in submitting claims. 

20 SEC. 6. PAYMENTS TO ELIGIBLE INDIVIDUALS. 

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

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

23 which a determination is made by the Special Master re24 garding the amount of compensation due a claimant under 

25 this Act, the Special Master shall authorize payment to 


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1 such claimant of the amount determined with respect to 

2 the claimant. 

3 (b) FUNDING.— 

4 (1) IN GENERAL.—The Attorney General is au5 thorized to accept such amounts as may be contrib6 uted by individuals, business concerns, or other enti7 ties to carry out this Act, under such terms and con8 ditions as the Attorney General may impose. 

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

10 payments under this section, amounts contained in 

11 any account containing funds provided under para12 graph (1) shall be used prior to using appropriated 

13 amounts. 

14 (c) DEVELOPMENT OF AGENCY POLICIES AND PRO15 CEDURES.—Not later than 120 days after the date of en16 actment the Special Master shall develop agency policies 

17 and procedures that meet the requirements including poli18 cies and procedures for presumptive award schedules, ad19 ministrative expenses, and related internal memoranda. 

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

21 the sole discretion to determine reasonable compensation 

22 for services rendered for attorney fees for services ren23 dered, if any. 


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1 SEC. 7. REGULATIONS. 

2 Not later than 90 days after the date of enactment 

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

4 Special Master, shall promulgate regulations to carry out 

5 this Act, including regulations with respect to— 

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

7 this Act; 

8 (2) the information to be included in such 

9 forms; 

10 (3) procedures for hearing and the presentation 

11 of evidence; 

12 (4) procedures to assist an individual in filing 

13 and pursuing claims under this Act; and 

14 (5) other matters determined appropriate by 

15 the Attorney General. 

16 SEC. 8. RIGHT OF SUBROGATION. 

17 The United States shall have the right of subrogation 

18 with respect to any claim paid by the United States, sub19 ject to the limitation described in this Act. 

20 SEC. 9. VICTIM COMPENSATION FUND. 

21 (a) IN GENERAL.—There is established in the Treas22 ury of the United States a fund to be known as the 

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

24 deposited into such fund under subsection (b). 

25 (b) AVAILABILITY OF FUNDS.—Amounts deposited 

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1 able, without further appropriation, to the Special Master 

2 to provide compensation. 

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

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

5 year after the Special Master determines that no addi6 tional claims may be filed. 

7 SEC. 10. APPROPRIATION. 

8 There is authorized to be appropriated for purposes 

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

10 for fiscal year 2021 and each fiscal year thereafter 

11 through fiscal year 2026, to remain available until ex12 pended. 

Æ 


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