I 
117TH CONGRESS 
1ST SESSION H. R. 3114 
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 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Longshore and Harbor 
Workers’ COVID–19 Compensation Act of 2021’’. 
SEC. 2. CLAIMS RELATED TO COVID–19. 
(a) IN GENERAL.—A covered employee who receives 
a diagnosis of COVID–19 or is subject to an order de-
scribed in subsection (b)(2) and who provides notice of or 
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files a claim under the Longshore and Harbor Workers’ 
Compensation Act (33 U.S.C. 901 et seq.) relating to such 
diagnosis or order shall be conclusively presumed to have 
an injury arising out of or in the course of employment 
for the purpose of compensation under the Longshore and 
Harbor Workers’ Compensation Act. 
(b) COVERED EMPLOYEE.—In this Act, the term 
‘‘covered employee’’ means an individual who, at any time 
during the period beginning January 27, 2020, and ending 
on January 27, 2023, is an employee engaged in maritime 
employment as defined in section 2 of the Longshore and 
Harbor Workers’ Compensation Act (33 U.S.C. 902(3)) 
and who— 
(1)(A) is diagnosed with COVID–19; and 
(B) during a covered exposure period with re-
spect to the date of such diagnosis carried out duties 
which— 
(i) required contact with members of the 
public, co-workers, or other individuals associ-
ated with the course of employment; or 
(ii) included a risk of exposure to the novel 
coronavirus; or 
(2) is ordered not to return to work by the em-
ployee’s employer or by a local, State, or Federal 
agency because of exposure, or the risk of exposure, 
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to 1 or more individuals diagnosed with COVID–19 
in the workplace. 
(c) CLARIFICATION OF MARITIME EMPLOYMENT.— 
For the purposes of subsection (b), maritime employment 
does not include employment under— 
(1) the Defense Base Act (42 U.S.C. 1651 et 
seq.); 
(2) the Outer Continental Shelf Lands Act (43 
U.S.C. 1333(b)); and 
(3) section 8171 of title 5, United States Code. 
(d) LIMITATION.—This Act shall not apply with re-
spect to a covered employee who— 
(1) provides notice or files a claim described in 
subsection (a) on or before the date of enactment of 
this Act; and 
(2) is determined to be entitled to the com-
pensation described in subsection (a) or is awarded 
such compensation if such determination or award is 
made on or before the date of enactment of this Act. 
(e) DENIALS ON OR BEFORE THE DATE OF ENACT-
MENT.—Subsection (a) shall apply with respect to a cov-
ered employee who is determined not to be entitled to, or 
who is not awarded, compensation described in subsection 
(a) if such determination or decision not to award such 
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compensation is made on or before the date of enactment 
of this Act. 
(f) EXCLUSION.—The Secretary shall not consider 
any compensation paid with respect to a notice or claim 
to which subsection (a) applies, including disability com-
pensation, death benefits, funeral and burial expenses, and 
medical expenses, in calculating the annual assessments 
under section 44(c)(2) of the Longshore and Harbor 
Workers’ Compensation Act (33 U.S.C. 944(c)(2)). 
SEC. 3. REIMBURSEMENT. 
(a) IN GENERAL.— 
(1) ENTITLEMENT.—An employer of a covered 
employee or the employer’s carrier shall be entitled 
to reimbursement pursuant to this Act for any com-
pensation paid with respect to a notice or claim de-
scribed in section 2(a), including disability com-
pensation, death benefits, funeral and burial ex-
penses, medical or other related costs for treatment 
and care, and reasonable and necessary allocated 
claims expenses. 
(2) SAFETY AND HEALTH REQUIREMENTS.—To 
be entitled to reimbursement under paragraph (1)— 
(A) an employer shall be in compliance 
with all applicable safety and health guidelines 
and standards that are related to the prevention 
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of 
occupational 
exposure 
to 
the 
novel 
coronavirus, including such guidelines and 
standards issued by the Occupational Safety 
and Health Administration, State plans ap-
proved under section 18 of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 
667), the Centers for Disease Control and Pre-
vention, and the National Institute for Occupa-
tional Safety and Health; and 
(B) a carrier— 
(i) shall be a carrier for an employer 
that is in compliance with subparagraph 
(A); and 
(ii) shall not adjust the experience 
rating or the annual premium of the em-
ployer based upon the compensation paid 
by the carrier with respect to a notice or 
claim described in section 2(a). 
(b) REIMBURSEMENT PROCEDURES.— 
(1) IN
GENERAL.—To receive reimbursement 
under subsection (a), a claim for such reimburse-
ment shall be submitted to the Secretary of Labor— 
(A) not earlier than the date on which a 
compensation order (as described in section 
19(e) of the Longshore and Harbor Workers’ 
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Compensation Act (33 U.S.C. 919(e))) is issued 
that fixes entitlement to benefits; or 
(B) not later than one year after the final 
payment of compensation to a covered employee 
pursuant to this Act; and 
(C) in accordance with a rule issued by the 
Secretary that the Secretary determines to be 
similar to the process established under part 61 
of title 20, Code of Federal Regulations (as in 
effect on the date of enactment of this Act). 
(2) RECORDS.—An employer and the employ-
er’s carrier shall make, keep, and preserve such 
records, make such reports, and provide such infor-
mation, as the Secretary of Labor determines nec-
essary or appropriate to carry out this Act. 
(3) FINAL AGENCY ACTION.—The action of the 
Secretary in allowing or denying reimbursement 
under this section shall be the final Agency action 
with respect to such reimbursement. 
(c) APPROPRIATIONS.— 
(1) IN GENERAL.—A reimbursement under this 
section shall be paid out of the Longshore COVID– 
19 Fund established in section 45 of the Longshore 
and Harbor Workers’ Compensation Act (in this 
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