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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6222 Introduced in House (IH)]

<DOC>

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Justice for Victims of COVID Act''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) According to the Centers for Disease Control and 
        Prevention, the COVID-19 pandemic has killed more than 1 
        million Americans.
            (2) The People's Republic of China showed willful disregard 
        and indifference toward the life, welfare, safety, and rights 
        of Americans by--
                    (A) concealing vital medical and scientific data 
                from the World Health Organization;
                    (B) suppressing crucial information that should 
                have been shared with international health authorities;
                    (C) arresting and silencing whistleblowers;
                    (D) denying human-to-human transmission in the face 
                of mounting evidence;
                    (E) destroying evidence; and
                    (F) continuing international air traffic out of 
                Wuhan, the virus's epicenter, despite a domestic travel 
                lockdown.

SEC. 3. COVID-19 VICTIMS COMPENSATION FUND.

    (a) Establishment of Fund.--There is hereby established in the 
Treasury of the United States a fund to be known as the COVID-19 
Victims Compensation Fund (in this Act referred to as the ``Fund''), 
consisting of such amounts as may be appropriated to the Fund as 
provided in subsection (b).
    (b) Transfer to Fund of Amounts Equivalent to Special Tariff.--
There is hereby appropriated to the Fund for fiscal year 2024 and each 
subsequent fiscal year an amount equal to the total amount of duties 
collected for each fiscal year under section 5.
    (c) Availability of Funding.--Amounts in the Fund shall be 
available, without further appropriation and until expended, for 
carrying out section 4.

SEC. 4. COVID-19 VICTIMS COMPENSATION PROGRAM.

    (a) Establishment of Program.--The Secretary of Health and Human 
Services (in this section referred to as the ``Secretary'') shall 
establish a program to be known as the COVID-19 Victims Compensation 
Program (in this section referred to as the ``Program'') for the 
purpose of providing compensation to eligible survivors of eligible 
deceased individuals whose primary cause of death was COVID-19.
    (b) Petitions.--
            (1) In general.--To receive compensation under the Program, 
        an eligible survivor may submit to the Secretary a petition at 
        such time, in such manner, and containing such information as 
        the Secretary may require, which shall include--
                    (A) evidence (of a type determined admissible by 
                the Secretary) that COVID-19 was the primary cause of 
                death of the eligible deceased individual in relation 
                to whom the eligible survivor seeks compensation; and
                    (B) the name and contact information of each 
                eligible survivor of such eligible deceased individual.
            (2) Not more than 1 petition per eligible deceased 
        individual.--Not more than 1 petition may be submitted in 
        relation to any given eligible deceased individual.
    (c) Payment of Compensation.--
            (1) In general.--Subject to paragraph (3), for any petition 
        for which the Secretary determines by a preponderance of the 
        evidence that COVID-19 was the primary cause of death of the 
        eligible deceased individual, the Secretary shall, from amounts 
        in the Fund, pay the eligible survivors of the eligible 
        deceased individual--
                    (A) in the case of 1 eligible survivor, the amount 
                described in paragraph (2) to such eligible survivor; 
                or
                    (B) in the case of multiple eligible survivors, the 
                amount described in paragraph (2) divided equally among 
                such eligible survivors.
            (2) Amount.--The amount described in this paragraph is the 
        total of--
                    (A) the amount of out-of-pocket health care costs 
                incurred by the eligible deceased individual for the 
                treatment of such eligible deceased individual's case 
                of COVID-19 and any associated symptoms and 
                complications; and
                    (B) the amount, not to exceed $50,000, of wages 
                lost by the eligible deceased individual as the result 
                of the death of such eligible deceased individual.
            (3) Insufficient funds.--In the case of insufficient 
        amounts in the Fund to pay the full amount described in 
        paragraph (2) to all eligible survivors in relation to whom the 
        Secretary has made the determination described in paragraph 
        (1), the Secretary may prioritize payments, on a rolling basis, 
        in the order in which such determinations are made.
    (d) Judicial Review.--
            (1) Appeal of denial.--An individual, if aggrieved by a 
        denial of a petition submitted under the Program for an 
        eligible deceased individual in relation to whom such 
        individual is an eligible survivor, may appeal such denial in 
        the United States Court of Federal Claims.
            (2) Cause of action for improper exclusion.--
                    (A) In general.--For any petition for which 
                compensation is awarded to 1 or more eligible survivors 
                under subsection (c), an eligible survivor who was not 
                awarded such compensation may, not later than 3 years 
                after the date on which such compensation is awarded, 
                bring an action in a Federal court of competent 
                jurisdiction against the eligible survivors to whom 
                such compensation was awarded, for the amount described 
                in subparagraph (B).
                    (B) Amount.--The amount described in this 
                subparagraph is--
                            (i) in the case of a defendant whom the 
                        court determines, by a preponderance of the 
                        evidence, intentionally excluded the name and 
                        contact information of the plaintiff from the 
                        petition submitted under subsection (b)(1), the 
                        total of--
                                    (I) the equal share of compensation 
                                that the plaintiff would have received 
                                under subsection (c)(1), if included on 
                                the petition; and
                                    (II) any applicable attorney's fees 
                                and reasonable court costs; or
                            (ii) in any other case, such equal share of 
                        compensation.
    (e) Definitions.--In this section:
            (1) Eligible deceased individual.--The term ``eligible 
        deceased individual'' means an individual who--
                    (A) is deceased; and
                    (B) at the time of death, was a citizen of the 
                United States.
            (2) Eligible survivor.--The term ``eligible survivor'' 
        means, as of the time of submitting a petition under subsection 
        (b)--
                    (A) the surviving spouse of the eligible deceased 
                individual;
                    (B) if there is no surviving spouse, the surviving 
                children of the eligible deceased individual; and
                    (C) if there is no surviving spouse or children, 
                the surviving parents or legal guardians of the 
                eligible deceased individual.

SEC. 5. SPECIAL TARIFF.

    Notwithstanding any other provision of law, there is hereby 
imposed, in addition to any other duty in effect as of the date of the 
enactment of this Act, a duty of 10 percent ad valorem on all products 
of the People's Republic of China imported into the United States.

SEC. 6. EXCEPTION TO FOREIGN SOVEREIGN IMMUNITY.

    (a) In General.--Notwithstanding any other provision of law 
(including chapter 85 of title 28, United States Code, commonly 
referred to as the ``Foreign Sovereign Immunities Act'') a person may 
bring an action for damages (including economic damages, and damages 
for pain and suffering) before an appropriate district court of the 
United States against the Government of the People's Republic of China 
for personal injury, death, or harm resulting from any 
misrepresentation pertaining to COVID-19 made by the Government of the 
People's Republic of China.
    (b) Presumption of Liability.--For purposes of a civil action under 
this section, there shall be a rebuttable presumption that a 
misrepresentation described in subsection (a) was a proximate cause of 
any harm suffered as a result of COVID-19.
                                 <all>
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