SEC. 2. COMPENSATING ESSENTIAL COVID–19 FRONTLINE 
WORKERS WHO ARE SERIOUSLY INJURED OR 
DIE. 
Title II of the Public Health Service Act (42 U.S.C. 
202 et seq.) is amended by adding at the end the fol-
lowing: 
‘‘PART E—COMPENSATING COVID–19 FRONTLINE 
WORKERS WHO ARE SERIOUSLY INJURED OR 
DIE AS A RESULT OF HAVING COVID–19 
‘‘SEC. 275. DEFINITIONS. 
‘‘In this part, the following definitions apply: 
‘‘(1) CLAIMANT.—The term ‘claimant’ means 
an individual filing a claim for compensation under 
section 275D(a)(1). 
‘‘(2) COLLATERAL SOURCE.—The term ‘collat-
eral source’ means all collateral sources, including 
life insurance, pension funds, death benefit pro-
grams, and payments by Federal, State, or local 
governments related to injury or death as a result of 
having COVID–19. 
‘‘(3) ECONOMIC LOSS.— 
‘‘(A) The term ‘economic loss’ means any 
pecuniary loss resulting from harm (including 
the loss of earnings or other benefits related to 
employment, replacement services loss, loss due 
to death, burial costs, loss of business or em-
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ployment opportunities, past and anticipated 
out-of-pocket medical expense loss) to the ex-
tent recovery for such loss is allowed under ap-
plicable State law. 
‘‘(B) Notwithstanding subparagraph (A), 
in calculating economic loss for purposes of a 
claim 
for 
compensation 
under 
section 
275C(a)(1), the total loss of earnings related to 
employment shall not exceed $200,000 for any 
12-month period. 
‘‘(4) ELIGIBLE
ESSENTIAL
COVID–19
FRONT-
LINE
WORKER.—The 
term 
‘eligible 
essential 
COVID–19 frontline worker’ means an essential 
COVID–19 frontline worker determined to be eligi-
ble for compensation under section 275C(d). 
‘‘(5) ESSENTIAL COVID–19 FRONTLINE WORK-
ER.—The term ‘essential COVID–19 frontline work-
er’ means a worker whose job— 
‘‘(A) is included in the ‘healthcare/public 
health’ category of essential critical infrastruc-
ture workers in version 3.0 of the guidance of 
the Department of Homeland Security issued 
on April 17, 2020, and titled ‘Guidance on the 
Essential Critical Infrastructure Workforce: 
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Ensuring Community and National Resilience 
in COVID–19 Response’; 
‘‘(B) is included in another category of es-
sential critical infrastructure workers in version 
3.0 of such guidance; 
‘‘(C) is to deliver goods or transport people 
during the COVID–19 public health emergency, 
but is not included in any of the categories de-
scribed in subparagraphs (A) and (B); or 
‘‘(D) is determined by the Eligibility Com-
mittee to warrant treating such a worker as an 
essential COVID–19 frontline worker. 
‘‘(6) NONECONOMIC LOSSES.—The term ‘non-
economic losses’ means losses for physical and emo-
tional pain, suffering, inconvenience, physical im-
pairment, mental anguish, disfigurement, loss of en-
joyment of life, loss of society and companionship, 
loss of consortium (other than loss of domestic serv-
ice), hedonic damages, injury to reputation, and all 
other nonpecuniary losses of any kind or nature. 
‘‘(7) SECRETARY.—Except as inconsistent with 
this section, the term ‘Secretary’ means the Sec-
retary of Health and Human Services. 
‘‘(8) SERIOUSLY INJURED.—The term ‘seriously 
injured’ means having injuries that— 
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‘‘(A) give rise to a substantial risk of 
death; or 
‘‘(B) cause serious, permanent disfigure-
ment or prolonged loss or impairment of the 
function of any body part or organ. 
‘‘(9) SPECIAL
MASTER.—The term ‘Special 
Master’ means the Special Master appointed under 
section 275B(a). 
‘‘SEC. 275A. COMPENSATION PROGRAM. 
‘‘The Secretary shall carry out a program to provide 
full compensation to any essential COVID–19 frontline 
worker (or one or more representatives acting on behalf 
of a deceased essential COVID–19 frontline worker) who 
was seriously injured or died as a result of having 
COVID–19. 
‘‘SEC. 275B. ADMINISTRATION. 
‘‘(a) IN GENERAL.—The Secretary, acting through a 
Special Master appointed by the Secretary, shall— 
‘‘(1) administer the compensation program es-
tablished under this part; 
‘‘(2) promulgate all procedural and substantive 
rules for the administration of this part; and 
‘‘(3) employ and supervise hearing officers and 
other administrative personnel to perform the duties 
of the Special Master under this part. 
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‘‘(b) APPOINTMENT OF SPECIAL MASTER AND DEP-
UTY SPECIAL MASTERS.—The Secretary may appoint a 
Special Master and no more than two Deputy Special 
Masters 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 and the Deputy Special Masters. 
‘‘(c) ELIGIBILITY COMMITTEE.— 
‘‘(1) ESTABLISHMENT.—The Secretary shall es-
tablish a committee, to be known as the Eligibility 
Committee. 
‘‘(2) COMPOSITION.—The Eligibility Committee 
shall be composed of seven members, of which— 
‘‘(A) five shall be appointed by the Sec-
retary of Health and Human Services, of 
which— 
‘‘(i) at least two shall be mental 
health professionals; and 
‘‘(ii) at least one shall be an infectious 
disease clinician; and 
‘‘(B) two shall be appointed by the Sec-
retary of Labor. 
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