Essential Worker Pandemic Compensation Act of 2021

To amend the Public Health Service Act to authorize a program of death and hospitalization benefits for essential workers who die as a result of COVID–19 or related complications, and for other purposes. 1. Short title This Act may be cited as the Essential Worker Pandemic Compensation Act of 2021 2. Pandemic Compensation Program Title II of the Public Health Service Act ( 43 U.S.C. 202 E Pandemic Compensation Program 275. Death and hospitalization benefits for essential workers (a) In general The Secretary shall carry out a compensation program under which the Secretary pays— (1) death benefits in accordance with subsection (b) to the survivor or survivors in the same manner as death benefits are paid pursuant to the Public Safety Officers' Benefits Program under subpart 1 of part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 of each essential worker who dies as a result of COVID–19 or related complications; and (2) a hospitalization benefit in accordance with subsection (c) to each essential worker who is hospitalized, and does not die, as a result of COVID–19 or related complications. (b) Death benefits (1) Base amount The base amount of the death benefits paid with respect to an essential worker under subsection (a)(1) in a fiscal year shall be equal to the amount of the comparable benefit calculated under the Public Safety Officers' Benefits Program under subpart 1 of part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 in such fiscal year, without regard to any reduction attributable to a limitation on appropriations. (2) Educational assistance to worker’s children and spouse (A) In general In addition to the base amount under paragraph (1), subject to subparagraphs (C) and (D), the death benefits paid with respect to an essential worker under subsection (a)(1) shall include payment of educational assistance— (i) to each child of the worker who, on or after the date of the worker’s death, is enrolled full-time or part-time at an institution of higher education; and (ii) to the spouse of the worker who, on or after the date of the worker’s death, is so enrolled. (B) Applicable provisions The provisions of subpart 2 of part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 shall apply with respect to educational assistance provided by the Secretary to the child, children, or spouse of an essential worker under this paragraph to the same extent and in the same manner as such provisions apply with respect to educational assistance provided by the Attorney General to the child, children, or spouse of an eligible public safety worker. (c) Hospitalization benefit The amount of the hospitalization benefit program paid with respect to an essential worker under subsection (a)(2) shall be half the base amount of the death benefit payable as described in subsection (b)(1). (d) Treatment of benefits (1) Exclusion from gross income For purposes of the Internal Revenue Code of 1986, gross income shall not include a payment under subsection (a). (2) No reduction because of payment from other source The Secretary may not reduce a payment under subsection (a) on the basis of any amount paid, or obligated to be paid, pursuant to law or contract, from another source. (e) Administration (1) In general The Secretary, acting through a Special Master appointed by the Secretary, shall— (A) administer the compensation program under this section; (B) promulgate all procedural and substantive rules (which may be issued by regulation) for the administration of this section; and (C) employ and supervise hearing officers and other administrative personnel to perform the duties of the Special Master under this section. (2) Determination of eligibility for compensation (A) Filing of claim A claimant may file a claim for compensation under this section with the Special Master. The claim— (i) shall be on the form developed under subparagraph (B); and (ii) shall state the factual basis for eligibility for compensation and the amount of compensation sought, including by demonstrating— (I) employment as an essential worker; (II) death or hospitalization as described in subsection (a); and (III) the deceased or hospitalized essential worker became infected with SARS–CoV–2 during the period of employment as an essential worker. (B) Claim form The Special Master shall develop a claim form that claimants shall use when submitting claims under subparagraph (A). The Special Master shall ensure that such form can be filed electronically, if determined to be practicable. (C) Deadline No claim for compensation under this section may be filed after July 1, 2022. (3) Appointment The Secretary may appoint the Special Master without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. Any such employee shall serve at the pleasure of the Secretary. The Secretary shall fix the annual salary of the Special Master. (f) Definitions In this section: (1) The term child child a deceased or permanently and totally disabled public safety officer who, at the time of the public safety officer's fatal or catastrophic injury a deceased or hospitalized essential worker who, at the time of the worker’s death or hospitalization (2) The term essential worker (A) a worker identified as an essential critical infrastructure worker in version 3.0 of the guidance titled Guidance on the Essential Critical Infrastructure Workforce: Ensuring Community and National Resilience in COVID–19 Response (B) any other worker identified by the Special Master as an essential worker for purposes of this section. (3) The term hospitalized (4) The term institution of higher education (5) The term Special Master (6) The term spouse of the worker (g) Funding (1) Appropriations for benefits There are appropriated, out of monies in the Treasury not otherwise obligated, such sums as may be necessary to pay all death and hospitalization benefits under subsection (a) that are sought by claimants who qualify for such benefits and apply in accordance with this section. (2) Authorization of appropriations for administrative expenses There are authorized to be appropriated such sums as may be necessary to pay the administrative costs of the Secretary and the Special Master in carrying out this section. (h) Sunset date At the end of calendar year 2022, the Secretary shall terminate the program under this section except to the extent necessary to carry out the scholarship program under subsection (b)(2). .

Summary: Essential Worker Pandemic Compensation Act of 2021 This bill compensates specified essential workers who die or are hospitalized as a result of COVID-19 (i.e., coronavirus disease 2019) or related complications. Specifically, the bill provides death benefits to survivors of essential workers equal to the amount available under the public safety officer benefits program. Essential workers include those identified in the Cybersecurity and Infrastructure Security Agency guidance or by a Special Master appointed by the Department of Health and Human Services. Such death benefits include additional payments to a surviving spouse or child enrolled in qualified postsecondary education. Further, essential workers who are hospitalized as a result of COVID-19 receive one half of the base death benefit amount.