I 

118TH CONGRESS 

1ST SESSION H. R. 6222 

To establish a COVID–19 Victims Compensation Program, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 3, 2023 

Mr. MOONEY introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Ways and 

Means, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To establish a COVID–19 Victims Compensation Program, 

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 ‘‘Justice for Victims 

5 of COVID Act’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds as follows: 


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1 (1) According to the Centers for Disease Con2 trol and Prevention, the COVID–19 pandemic has 

3 killed more than 1 million Americans. 

4 (2) The People’s Republic of China showed will5 ful disregard and indifference toward the life, wel6 fare, safety, and rights of Americans by— 

7 (A) concealing vital medical and scientific 

8 data from the World Health Organization; 

9 (B) suppressing crucial information that 

10 should have been shared with international 

11 health authorities; 

12 (C) arresting and silencing whistleblowers; 

13 (D) denying human-to-human transmission 

14 in the face of mounting evidence; 

15 (E) destroying evidence; and 

16 (F) continuing international air traffic out 

17 of Wuhan, the virus’s epicenter, despite a do18 mestic travel lockdown. 

19 SEC. 3. COVID–19 VICTIMS COMPENSATION FUND. 

20 (a) ESTABLISHMENT OF FUND.—There is hereby es21 tablished in the Treasury of the United States a fund to 

22 be known as the COVID–19 Victims Compensation Fund 

23 (in this Act referred to as the ‘‘Fund’’), consisting of such 

24 amounts as may be appropriated to the Fund as provided 

25 in subsection (b). 


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1 (b) TRANSFER TO FUND OF AMOUNTS EQUIVALENT

2 TO SPECIAL TARIFF.—There is hereby appropriated to 

3 the Fund for fiscal year 2024 and each subsequent fiscal 

4 year an amount equal to the total amount of duties col5 lected for each fiscal year under section 5. 

6 (c) AVAILABILITY OF FUNDING.—Amounts in the 

7 Fund shall be available, without further appropriation and 

8 until expended, for carrying out section 4. 

9 SEC. 4. COVID–19 VICTIMS COMPENSATION PROGRAM. 

10 (a) ESTABLISHMENT OF PROGRAM.—The Secretary 

11 of Health and Human Services (in this section referred 

12 to as the ‘‘Secretary’’) shall establish a program to be 

13 known as the COVID–19 Victims Compensation Program 

14 (in this section referred to as the ‘‘Program’’) for the pur15 pose of providing compensation to eligible survivors of eli16 gible deceased individuals whose primary cause of death 

17 was COVID–19. 

18 (b) PETITIONS.— 

19 (1) IN GENERAL.—To receive compensation 

20 under the Program, an eligible survivor may submit 

21 to the Secretary a petition at such time, in such 

22 manner, and containing such information as the Sec23 retary may require, which shall include— 

24 (A) evidence (of a type determined admis25 sible by the Secretary) that COVID–19 was the 


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1 primary cause of death of the eligible deceased 

2 individual in relation to whom the eligible sur3 vivor seeks compensation; and 

4 (B) the name and contact information of 

5 each eligible survivor of such eligible deceased 

6 individual. 

7 (2) NOT MORE THAN 1 PETITION PER ELIGIBLE

8 DECEASED INDIVIDUAL.—Not more than 1 petition 

9 may be submitted in relation to any given eligible 

10 deceased individual. 

11 (c) PAYMENT OF COMPENSATION.— 

12 (1) IN GENERAL.—Subject to paragraph (3), 

13 for any petition for which the Secretary determines 

14 by a preponderance of the evidence that COVID–19 

15 was the primary cause of death of the eligible de16 ceased individual, the Secretary shall, from amounts 

17 in the Fund, pay the eligible survivors of the eligible 

18 deceased individual— 

19 (A) in the case of 1 eligible survivor, the 

20 amount described in paragraph (2) to such eli21 gible survivor; or 

22 (B) in the case of multiple eligible sur23 vivors, the amount described in paragraph (2) 

24 divided equally among such eligible survivors. 


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1 (2) AMOUNT.—The amount described in this 

2 paragraph is the total of— 

3 (A) the amount of out-of-pocket health 

4 care costs incurred by the eligible deceased indi5 vidual for the treatment of such eligible de6 ceased individual’s case of COVID–19 and any 

7 associated symptoms and complications; and 

8 (B) the amount, not to exceed $50,000, of 

9 wages lost by the eligible deceased individual as 

10 the result of the death of such eligible deceased 

11 individual. 

12 (3) INSUFFICIENT FUNDS.—In the case of in13 sufficient amounts in the Fund to pay the full 

14 amount described in paragraph (2) to all eligible 

15 survivors in relation to whom the Secretary has 

16 made the determination described in paragraph (1), 

17 the Secretary may prioritize payments, on a rolling 

18 basis, in the order in which such determinations are 

19 made. 

20 (d) JUDICIAL REVIEW.— 

21 (1) APPEAL OF DENIAL.—An individual, if ag22 grieved by a denial of a petition submitted under the 

23 Program for an eligible deceased individual in rela24 tion to whom such individual is an eligible survivor, 


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1 may appeal such denial in the United States Court 

2 of Federal Claims. 

3 (2) CAUSE OF ACTION FOR IMPROPER EXCLU4 SION.— 

5 (A) IN GENERAL.—For any petition for 

6 which compensation is awarded to 1 or more el7 igible survivors under subsection (c), an eligible 

8 survivor who was not awarded such compensa9 tion may, not later than 3 years after the date 

10 on which such compensation is awarded, bring 

11 an action in a Federal court of competent juris12 diction against the eligible survivors to whom 

13 such compensation was awarded, for the 

14 amount described in subparagraph (B). 

15 (B) AMOUNT.—The amount described in 

16 this subparagraph is— 

17 (i) in the case of a defendant whom 

18 the court determines, by a preponderance 

19 of the evidence, intentionally excluded the 

20 name and contact information of the plain21 tiff from the petition submitted under sub22 section (b)(1), the total of— 

23 (I) the equal share of compensa24 tion that the plaintiff would have reVerDate Sep 11 2014 18:27 Nov 11, 2023 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H6222.IH H6222

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1 ceived under subsection (c)(1), if in2 cluded on the petition; and 

3 (II) any applicable attorney’s fees 

4 and reasonable court costs; or 

5 (ii) in any other case, such equal 

6 share of compensation. 

7 (e) DEFINITIONS.—In this section: 

8 (1) ELIGIBLE DECEASED INDIVIDUAL.—The 

9 term ‘‘eligible deceased individual’’ means an indi10 vidual who— 

11 (A) is deceased; and 

12 (B) at the time of death, was a citizen of 

13 the United States. 

14 (2) ELIGIBLE SURVIVOR.—The term ‘‘eligible 

15 survivor’’ means, as of the time of submitting a peti16 tion under subsection (b)— 

17 (A) the surviving spouse of the eligible de18 ceased individual; 

19 (B) if there is no surviving spouse, the sur20 viving children of the eligible deceased indi21 vidual; and 

22 (C) if there is no surviving spouse or chil23 dren, the surviving parents or legal guardians 

24 of the eligible deceased individual. 


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1 SEC. 5. SPECIAL TARIFF. 

2 Notwithstanding any other provision of law, there is 

3 hereby imposed, in addition to any other duty in effect 

4 as of the date of the enactment of this Act, a duty of 10 

5 percent ad valorem on all products of the People’s Repub6 lic of China imported into the United States. 

7 SEC. 6. EXCEPTION TO FOREIGN SOVEREIGN IMMUNITY. 

8 (a) IN GENERAL.—Notwithstanding any other provi9 sion of law (including chapter 85 of title 28, United States 

10 Code, commonly referred to as the ‘‘Foreign Sovereign Im11 munities Act’’) a person may bring an action for damages 

12 (including economic damages, and damages for pain and 

13 suffering) before an appropriate district court of the 

14 United States against the Government of the People’s Re15 public of China for personal injury, death, or harm result16 ing from any misrepresentation pertaining to COVID–19 

17 made by the Government of the People’s Republic of 

18 China. 

19 (b) PRESUMPTION OF LIABILITY.—For purposes of 

20 a civil action under this section, there shall be a rebuttable 

21 presumption that a misrepresentation described in sub22 section (a) was a proximate cause of any harm suffered 

23 as a result of COVID–19. 

Æ 


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