‘‘(3) DUTIES.—The Eligibility Committee, in 
consultation with the Special Master, shall deter-
mine— 
‘‘(A) as described in section 275(5)(C), the 
jobs, in addition to those described in section 
275(5)(A), warranting treatment of workers 
performing such jobs as essential COVID–19 
frontline workers; 
‘‘(B) in accordance with section 275C, any 
other requirements needing to be met to be eli-
gible for compensation under this part; and 
‘‘(C) hear and decide appeals brought pur-
suant to section 275C(b)(3)(A). 
‘‘SEC. 275C. DETERMINATION OF ELIGIBILITY FOR COM-
PENSATION. 
‘‘(a) FILING OF CLAIM.— 
‘‘(1) IN GENERAL.—A claimant may file a claim 
for compensation under this part with the Special 
Master. The claim shall be on the form developed 
under paragraph (2) and shall state the factual basis 
for eligibility for compensation and the amount of 
compensation sought. 
‘‘(2) CLAIM FORM.— 
‘‘(A) IN
GENERAL.—The Special Master 
shall develop a claim form that claimants shall 
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use when submitting claims under paragraph 
(1). The Special Master shall ensure that such 
form can be filed electronically, if determined to 
be practicable. 
‘‘(B) CONTENTS.—The form developed 
under subparagraph (A) shall request— 
‘‘(i) information from the claimant 
concerning the serious injury that the 
claimant suffered, or in the case of a claim 
filed with respect to a decedent informa-
tion confirming the decedent’s death, as a 
result of having COVID–19; 
‘‘(ii) in the case of a claim concerning 
such serious injury, information concerning 
any economic and noneconomic losses that 
the claimant suffered as a result of the se-
rious injury; and 
‘‘(iii) information regarding collateral 
sources of compensation the claimant has 
received or is entitled to receive as a result 
of such injury or death. 
‘‘(3) LIMITATION.—No claim may be filed 
under paragraph (1) after calendar year 2029. 
‘‘(b) REVIEW AND DETERMINATION.— 
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‘‘(1) REVIEW.—The Special Master shall review 
a claim submitted under subsection (a) and, with re-
spect to a claimant determined to be an eligible indi-
vidual, determine— 
‘‘(A) in the case of a claim concerning seri-
ous injury, the extent of the economic and non-
economic losses that the claimant suffered as a 
result of the injury; and 
‘‘(B) in the case of a claim concerning seri-
ous injury or death, the amount of compensa-
tion to which the claimant is entitled under this 
part. 
‘‘(2) NEGLIGENCE.—With respect to a claim-
ant, the Special Master shall not consider negligence 
or any other theory of liability. 
‘‘(3) DETERMINATION.— 
‘‘(A) PROCESS.—Not later than 120 days 
after that date on which a claim is filed under 
subsection (a), the Special Master shall com-
plete a review, make a determination, and pro-
vide written notice to the claimant, with respect 
to the matters that were the subject of the 
claim under review. Such a determination shall 
be final and not subject to judicial review, ex-
cept that a claimant may appeal the Special 
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Master’s determination to the Eligibility Com-
mittee established under section 275B(c). 
‘‘(B) AMOUNT OF COMPENSATION FOR SE-
RIOUSLY INJURED CLAIMANTS.—The amount of 
the compensation awarded under this part to a 
claimant who was seriously injured as a result 
of having COVID–19 shall be equal to the 
amount of— 
‘‘(i) the economic losses and non-
economic losses of the claimant as a result 
of having COVID–19; less 
‘‘(ii) the collateral source compensa-
tion the claimant has received or is entitled 
to receive as a result of having COVID–19. 
‘‘(C) ADDITIONAL COMPENSATION FOR DE-
CEDENTS.—In lieu of any compensation de-
scribed in subparagraph (B), the amount of the 
compensation awarded under this part in the 
case of a claimant who died as a result of hav-
ing COVID–19 shall be— 
‘‘(i) full payment of any outstanding 
educational loans of the decedent, includ-
ing private loans, including principal and 
interest; 
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‘‘(ii) a death benefit of $250,000 paid 
to the estate of the decedent; and 
‘‘(iii) an additional death benefit of 
$100,000 paid to the spouse and each de-
pendent of the decedent. 
‘‘(4) RIGHTS OF CLAIMANT.—A claimant in a 
review under paragraph (1) shall have— 
‘‘(A) the right to be represented by an at-
torney; 
‘‘(B) the right to present evidence, includ-
ing the presentation of witnesses and docu-
ments; and 
‘‘(C) any other due process rights deter-
mined appropriate by the Special Master. 
‘‘(5) NO
PUNITIVE
DAMAGES.—The Special 
Master may not include amounts for punitive dam-
ages in any compensation paid under a claim under 
this part. 
‘‘(6) NO CAP.—The Special Master— 
‘‘(A) shall, with respect to each claimant, 
award the full amount of the compensation cal-
culated under paragraph (3); and 
‘‘(B) may not impose a cap on the total 
amount of such compensation. 
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‘‘(c) NO CONSIDERATION
OF RACE, ETHNICITY, 
GENDER, RELIGION, OR
SEX.—Notwithstanding any 
other provision of law, the Special Master and Eligibility 
Committee may not award damages to a claimant as part 
of any compensation under this part using a calculation 
of the projected future earning potential of that claimant 
that takes into account race, color, ethnicity, national ori-
gin, religion, disability, or sex (including gender, gender 
identity, and sexual orientation). 
‘‘(d) ELIGIBILITY.— 
‘‘(1) IN GENERAL.—A claimant shall be deter-
mined to be an eligible essential COVID–19 front-
line worker for purposes of this subsection if the 
Special Master determines that such claimant, dur-
ing the COVID–19 emergency period, is an essential 
COVID–19 frontline worker (or is a representative 
acting on behalf of a deceased essential COVID–19 
frontline worker) who was seriously injured or died 
as a result of having (including being presumed to 
have) COVID–19, including an essential COVID–19 
frontline worker who committed suicide because of a 
mental health condition that was exacerbated or con-
tributed to by COVID–19. 
‘‘(2) SINGLE CLAIM.—Not more than one claim 
may be submitted under this part with respect to 
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compensation arising from the death of an eligible 
essential COVID–19 frontline worker. 
‘‘(3) DEFINITION.—In this subsection, the term 
‘COVID–19 emergency period’ has the meaning 
given to the term ‘emergency period’ in section 
1135(g)(1)(B) of the Social Security Act. 
‘‘SEC. 275D. PAYMENTS TO ELIGIBLE INDIVIDUALS. 
‘‘(a) IN GENERAL.—Not later than 20 days after the 
date on which a determination is made by the Special Mas-
ter regarding the amount of compensation due a claimant 
under this part, the Special Master shall authorize pay-
ment to such claimant of the amount determined with re-
spect to the claimant. 
‘‘(b) PAYMENT AUTHORITY.—This part constitutes 
budget authority in advance of appropriations Acts and 
represents the obligation of the Federal Government to 
provide for the payment of amounts for compensation 
under this part. 
‘‘SEC. 275E. REGULATIONS. 
‘‘Not later than 90 days after the date of enactment 
of this part, the Secretary, in consultation with the Special 
Master, shall promulgate regulations to carry out this 
part, including regulations with respect to— 
‘‘(1) forms to be used in submitting claims 
under this part; 
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‘‘(2) the information to be included in such 
forms; 
‘‘(3) procedures for hearing and the presen-
tation of evidence; 
‘‘(4) procedures to assist an individual in filing 
and pursuing claims under this part; and 
‘‘(5) other matters determined appropriate by 
the Secretary. 
‘‘SEC. 275F. RIGHT OF SUBROGATION. 
‘‘The United States shall have the right of subroga-
tion with respect to any claim paid by the United States 
under this part. 
‘‘SEC. 275G. REPORT ON HEALTH OUTCOMES. 
‘‘Not later than 2 years after the date of enactment 
of this part, the Secretary of Health and Human Services 
shall submit to the Congress and make publicly available 
a report on— 
‘‘(1) whether the duration for which a health 
care provider or other worker is exposed to individ-
uals with COVID–19 impacts health outcomes; and 
‘‘(2) whether the number of essential COVID– 
19 frontline workers residing in a community im-
pacted the spread of COVID–19 in the community. 
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‘‘SEC. 275H. FUNDING. 
‘‘(a) COMPENSATION.—To pay the compensation 
owed to claimants under this part, there is authorized to 
be appropriated, and there is appropriated, out of amounts 
in the Treasury not otherwise obligated, such sums as may 
be necessary. 
‘‘(b) ADMINISTRATIVE AND SUPPORT COSTS.—For 
the administrative and support costs of carrying out this 
part, there are authorized to be appropriated such sums 
as may be necessary. 
‘‘SEC. 275I. SUNSET DATE. 
‘‘The program under this part shall terminate on 
January 1, 2035.’’. 
Æ 
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