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Union Calendar No. 387 

117TH CONGRESS 

2D SESSION H. R. 3114 

[Report No. 117–526] 

To provide benefits authorized under the Longshore and Harbor Workers’ 

Compensation Act to maritime workers who contract COVID–19, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 11, 2021 

Mr. MRVAN (for himself and Mr. SCOTT of Virginia) introduced the following 

bill; which was referred to the Committee on Education and Labor 

SEPTEMBER 29, 2022 

Additional sponsors: Mr. POCAN, Ms. BARRAGA ́N, Ms. WILSON of Florida, Ms. 

SALAZAR, Ms. JAYAPAL, Mr. KAHELE, Mr. DESAULNIER, Ms. LEE of 

California, Ms. STRICKLAND, Ms. NORTON, Mr. DANNY K. DAVIS of Illinois, Mr. LOWENTHAL, Mr. SUOZZI, Mr. LYNCH, Mr. CARSON, Mr. NADLER, Mr. COHEN, Ms. BONAMICI, Mr. LAWSON of Florida, Mr. JONES, 

Ms. ROYBAL-ALLARD, Ms. CHU, Mrs. HAYES, Ms. PORTER, Ms. ADAMS, 

Mr. GARAMENDI, Mr. BOWMAN, Mr. MFUME, Mr. SCHIFF, Ms. 

SHERRILL, Mr. LEVIN of Michigan, Mr. TAKANO, Ms. STEVENS, and 

Mrs. RADEWAGEN

SEPTEMBER 29, 2022 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on March 11, 2021] 


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A BILL 

To provide benefits authorized under the Longshore and 

Harbor Workers’ Compensation Act to maritime workers 

who contract COVID–19, and for other purposes. 


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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 ‘‘Longshore and Harbor 

5 Workers’ COVID–19 Compensation Act of 2022’’. 

6 SEC. 2. CLAIMS RELATED TO COVID–19. 

7 (a) IN GENERAL.—A covered employee who receives a 

8 diagnosis of COVID–19 or is subject to an order described 

9 in subsection (b)(2) and who provides notice of or files a 

10 claim under the Longshore and Harbor Workers’ Com11 pensation Act (33 U.S.C. 901 et seq.) relating to such diag12 nosis or order shall be conclusively presumed to have an 

13 injury arising out of or in the course of employment for 

14 the purpose of compensation under the Longshore and Har15 bor Workers’ Compensation Act. 

16 (b) COVERED EMPLOYEE.—In this Act, the term ‘‘cov17 ered employee’’ means an individual who, at any time dur18 ing the period beginning January 27, 2020, and ending on 

19 January 27, 2024, is an employee engaged in maritime em20 ployment as defined in section 2 of the Longshore and Har21 bor Workers’ Compensation Act (33 U.S.C. 902(3)) and 

22 who— 

23 (1)(A) is diagnosed with COVID–19; and 


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1 (B) during a covered exposure period with re2 spect to the date of such diagnosis carried out duties 

3 which— 

4 (i) required contact with members of the 

5 public, co-workers, or other individuals associ6 ated with the course of employment; or 

7 (ii) included a risk of exposure to the novel 

8 coronavirus; or 

9 (2) is ordered not to return to work by the em10 ployee’s employer or by a local, State, or Federal 

11 agency because of exposure, or the risk of exposure, to 

12 1 or more individuals diagnosed with COVID–19 in 

13 the workplace. 

14 (c) CLARIFICATION OF MARITIME EMPLOYMENT.—For 

15 the purposes of subsection (b), maritime employment does 

16 not include employment under— 

17 (1) the Defense Base Act (42 U.S.C. 1651 et 

18 seq.); 

19 (2) the Outer Continental Shelf Lands Act (43 

20 U.S.C. 1333(b)); and 

21 (3) section 8171 of title 5, United States Code. 

22 (d) LIMITATION.—This Act shall not apply with re23 spect to a covered employee who— 


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1 (1) provides notice or files a claim described in 

2 subsection (a) on or before the date of enactment of 

3 this Act; and 

4 (2) is determined to be entitled to the compensa5 tion described in subsection (a) or is awarded such 

6 compensation if such determination or award is made 

7 on or before the date of enactment of this Act. 

8 (e) DENIALS ON OR BEFORE THE DATE OF ENACT9 MENT.—Subsection (a) shall apply with respect to a covered 

10 employee who is determined not to be entitled to, or who 

11 is not awarded, compensation described in subsection (a) 

12 if such determination or decision not to award such com13 pensation is made on or before the date of enactment of 

14 this Act. 

15 (f) EXCLUSION.—The Secretary shall not consider any 

16 compensation paid with respect to a notice or claim to 

17 which subsection (a) applies, including disability com18 pensation, death benefits, funeral and burial expenses, and 

19 medical expenses, in calculating the annual assessments 

20 under section 44(c)(2) of the Longshore and Harbor Work21 ers’ Compensation Act (33 U.S.C. 944(c)(2)). 

22 SEC. 3. REIMBURSEMENT. 

23 (a) IN GENERAL.— 

24 (1) ENTITLEMENT.—An employer of a covered 

25 employee or the employer’s carrier shall be entitled to 


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1 reimbursement pursuant to this Act for any com2 pensation paid with respect to a notice or claim de3 scribed in section 2(a), including disability com4 pensation, death benefits, funeral and burial expenses, 

5 medical or other related costs for treatment and care, 

6 and reasonable and necessary allocated claims ex7 penses. 

8 (2) SAFETY AND HEALTH REQUIREMENTS.—To 

9 be entitled to reimbursement under paragraph (1)— 

10 (A) an employer shall be in compliance 

11 with all applicable safety and health guidelines 

12 and standards that are related to the prevention 

13 of occupational exposure to the novel 

14 coronavirus, including such guidelines and 

15 standards issued by the Occupational Safety and 

16 Health Administration, State plans approved 

17 under section 18 of the Occupational Safety and 

18 Health Act of 1970 (29 U.S.C. 667), the Centers 

19 for Disease Control and Prevention, and the Na20 tional Institute for Occupational Safety and 

21 Health; and 

22 (B) a carrier— 

23 (i) shall be a carrier for an employer 

24 that is in compliance with subparagraph 

25 (A); and 


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1 (ii) shall not adjust the experience rat2 ing or the annual premium of the employer 

3 based upon the compensation paid by the 

4 carrier with respect to a notice or claim de5 scribed in section 2(a). 

6 (b) REIMBURSEMENT PROCEDURES.— 

7 (1) IN GENERAL.—To receive reimbursement 

8 under subsection (a), a claim for such reimbursement 

9 shall be submitted to the Secretary of Labor— 

10 (A) not earlier than the date on which a 

11 compensation order (as described in section 19(e) 

12 of the Longshore and Harbor Workers’ Com13 pensation Act (33 U.S.C. 919(e))) is issued that 

14 fixes entitlement to benefits; or 

15 (B) not later than one year after the final 

16 payment of compensation to a covered employee 

17 pursuant to this Act; and 

18 (C) in accordance with a rule issued by the 

19 Secretary that the Secretary determines to be 

20 similar to the process established under part 61 

21 of title 20, Code of Federal Regulations (as in ef22 fect on the date of enactment of this Act). 

23 (2) RECORDS.—An employer and the employer’s 

24 carrier shall make, keep, and preserve such records 

25 and provide such information as the Secretary of 


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1 Labor determines necessary or appropriate to carry 

2 out this Act. 

3 (3) FINAL AGENCY ACTION.—The action of the 

4 Secretary in allowing or denying reimbursement 

5 under this section shall be the final Agency action 

6 with respect to such reimbursement. 

7 (c) APPROPRIATIONS.— 

8 (1) IN GENERAL.—A reimbursement under this 

9 section shall be paid out of the Longshore COVID–19 

10 Fund. 

11 (2) FUNDS.—In addition to amounts otherwise 

12 available, there are authorized to be appropriated, 

13 and there are appropriated, out of any money in the 

14 Treasury not otherwise appropriated, such sums as 

15 may be necessary to the Longshore COVID–19 Fund 

16 for each reimbursement paid out of such Fund under 

17 this section. 

18 (d) REPORT.—Not later than 60 days after the end of 

19 each of fiscal years 2022, 2023, and 2024, the Secretary 

20 of Labor shall submit to the Committee on Education and 

21 Labor of the House of Representatives and the Committee 

22 on Health, Education, Labor, and Pensions of the Senate, 

23 an annual report enumerating— 

24 (1) the number of claims filed pursuant to sec25 tion 2(a); 


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1 (2) of such filed claims— 

2 (A) the number and types of claims under 

3 the Longshore and Harbor Workers Compensa4 tion Act (33 U.S.C. 901 et seq.) with respect to 

5 which the presumption under section 2(a) is 

6 made; 

7 (B) the number and types of such claims de8 nied; and 

9 (C) the number and types of such claims 

10 pending; and 

11 (3) the total number of claims for reimbursement 

12 and the total amounts paid for such reimbursement 

13 from the Longshore COVID–19 Fund under subsection 

14 (c)(1) for the fiscal year for which the report is being 

15 submitted. 

16 (e) REGULATIONS.—The Secretary of Labor may pro17 mulgate such regulations as may be necessary to carry out 

18 this Act. 

19 (f) DEFINITIONS.—In this Act: 

20 (1) COVERED EXPOSURE PERIOD.—The term 

21 ‘‘covered exposure period’’ with respect to the date of 

22 a diagnosis described in section 2(b)(1)(A), means the 

23 period of days— 

24 (A) ending on the date of such diagnosis; 

25 and 


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1 (B) equal to the maximum number of days 

2 that the Secretary of Labor, with the concurrence 

3 of the Director of the National Institute of Occu4 pational Safety and Health, determines could 

5 occur between an exposure to the novel 

6 coronavirus and a diagnosis of COVID–19 re7 sulting from such exposure. 

8 (2) LHWCA TERMS.—The terms ‘‘carrier’’, 

9 ‘‘compensation’’, ‘‘employee’’, and ‘‘employer’’ have 

10 the meanings given the terms in section 2 of the 

11 Longshore and Harbor Workers’ Compensation Act 

12 (33 U.S.C. 902). 

13 (3) LONGSHORE COVID-19 FUND.—The term 

14 ‘‘Longshore COVID-19 Fund’’ means the fund estab15 lished in section 45 of the Longshore and Harbor 

16 Workers’ Compensation Act (as added by section 4 of 

17 this Act). 

18 (4) NOVEL CORONAVIRUS.—The term ‘‘novel 

19 coronavirus’’ means SARS–CoV–2, a variant of 

20 SARS–CoV–2, or any other coronavirus declared to be 

21 a pandemic by public health authorities. 

22 SEC. 4. LONGSHORE COVID–19 FUND. 

23 The Longshore and Harbor Workers’ Compensation 

24 Act (33 U.S.C. 901 et seq.) is amended by adding after sec25 tion 44 the following: 


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1 ‘‘SEC. 45. LONGSHORE COVID–19 FUND. 

2 ‘‘(a) IN GENERAL.—There is established in the Treas3 ury of the United States the Longshore COVID–19 Fund 

4 (in this section, referred to as the ‘Fund’), which consists 

5 of sums that are appropriated to the Fund under section 

6 3(c) of the Longshore and Harbor Workers’ COVID–19 

7 Compensation Act of 2022. 

8 ‘‘(b) EXPENDITURES.—Amounts in the Fund shall be 

9 available for the reimbursement of an employer or the em10 ployer’s carrier for compensation payments and expenses 

11 approved under section 3 of the Longshore and Harbor 

12 Workers’ COVID–19 Compensation Act of 2022, including 

13 disability compensation, death benefits, funeral and burial 

14 expenses, medical or other related costs for treatment and 

15 care, and reasonable and necessary allocated claims ex16 penses paid under this Act when reimbursement is required 

17 under section 3 of the Longshore and Harbor Workers’ 

18 COVID–19 Compensation Act of 2022, subject to any limi19 tations in such section.’’. 


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Union Calendar No. 387 

117TH CONGRESS 

2D SESSION H. R. 3114 

[Report No. 117–526] 

A BILL 

To provide benefits authorized under the Longshore 

other purposes. time workers who contract COVID–19, and for and Harbor Workers’ Compensation Act to mariSEPTEMBER 29, 2022 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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