I 
118TH CONGRESS 
1ST SESSION H. R. 6222 
To establish a COVID–19 Victims Compensation Program, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 3, 2023 
Mr. MOONEY introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committee on Ways and 
Means, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To establish a COVID–19 Victims Compensation Program, 
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 ‘‘Justice for Victims 
of COVID Act’’. 
SEC. 2. FINDINGS. 
The Congress finds as follows: 
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(1) According to the Centers for Disease Con-
trol and Prevention, the COVID–19 pandemic has 
killed more than 1 million Americans. 
(2) The People’s Republic of China showed will-
ful disregard and indifference toward the life, wel-
fare, safety, and rights of Americans by— 
(A) concealing vital medical and scientific 
data from the World Health Organization; 
(B) suppressing crucial information that 
should have been shared with international 
health authorities; 
(C) arresting and silencing whistleblowers; 
(D) denying human-to-human transmission 
in the face of mounting evidence; 
(E) destroying evidence; and 
(F) continuing international air traffic out 
of Wuhan, the virus’s epicenter, despite a do-
mestic travel lockdown. 
SEC. 3. COVID–19 VICTIMS COMPENSATION FUND. 
(a) ESTABLISHMENT OF FUND.—There is hereby es-
tablished in the Treasury of the United States a fund to 
be known as the COVID–19 Victims Compensation Fund 
(in this Act referred to as the ‘‘Fund’’), consisting of such 
amounts as may be appropriated to the Fund as provided 
in subsection (b). 
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(b) TRANSFER TO FUND OF AMOUNTS EQUIVALENT 
TO SPECIAL TARIFF.—There is hereby appropriated to 
the Fund for fiscal year 2024 and each subsequent fiscal 
year an amount equal to the total amount of duties col-
lected for each fiscal year under section 5. 
(c) AVAILABILITY OF FUNDING.—Amounts in the 
Fund shall be available, without further appropriation and 
until expended, for carrying out section 4. 
SEC. 4. COVID–19 VICTIMS COMPENSATION PROGRAM. 
(a) ESTABLISHMENT OF PROGRAM.—The Secretary 
of Health and Human Services (in this section referred 
to as the ‘‘Secretary’’) shall establish a program to be 
known as the COVID–19 Victims Compensation Program 
(in this section referred to as the ‘‘Program’’) for the pur-
pose of providing compensation to eligible survivors of eli-
gible deceased individuals whose primary cause of death 
was COVID–19. 
(b) PETITIONS.— 
(1) IN
GENERAL.—To receive compensation 
under the Program, an eligible survivor may submit 
to the Secretary a petition at such time, in such 
manner, and containing such information as the Sec-
retary may require, which shall include— 
(A) evidence (of a type determined admis-
sible by the Secretary) that COVID–19 was the 
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primary cause of death of the eligible deceased 
individual in relation to whom the eligible sur-
vivor seeks compensation; and 
(B) the name and contact information of 
each eligible survivor of such eligible deceased 
individual. 
(2) NOT MORE THAN 1 PETITION PER ELIGIBLE 
DECEASED INDIVIDUAL.—Not more than 1 petition 
may be submitted in relation to any given eligible 
deceased individual. 
(c) PAYMENT OF COMPENSATION.— 
(1) IN GENERAL.—Subject to paragraph (3), 
for any petition for which the Secretary determines 
by a preponderance of the evidence that COVID–19 
was the primary cause of death of the eligible de-
ceased individual, the Secretary shall, from amounts 
in the Fund, pay the eligible survivors of the eligible 
deceased individual— 
(A) in the case of 1 eligible survivor, the 
amount described in paragraph (2) to such eli-
gible survivor; or 
(B) in the case of multiple eligible sur-
vivors, the amount described in paragraph (2) 
divided equally among such eligible survivors. 
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(2) AMOUNT.—The amount described in this 
paragraph is the total of— 
(A) the amount of out-of-pocket health 
care costs incurred by the eligible deceased indi-
vidual for the treatment of such eligible de-
ceased individual’s case of COVID–19 and any 
associated symptoms and complications; and 
(B) the amount, not to exceed $50,000, of 
wages lost by the eligible deceased individual as 
the result of the death of such eligible deceased 
individual. 
(3) INSUFFICIENT FUNDS.—In the case of in-
sufficient amounts in the Fund to pay the full 
amount described in paragraph (2) to all eligible 
survivors in relation to whom the Secretary has 
made the determination described in paragraph (1), 
the Secretary may prioritize payments, on a rolling 
basis, in the order in which such determinations are 
made. 
(d) JUDICIAL REVIEW.— 
(1) APPEAL OF DENIAL.—An individual, if ag-
grieved by a denial of a petition submitted under the 
Program for an eligible deceased individual in rela-
tion to whom such individual is an eligible survivor, 
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may appeal such denial in the United States Court 
of Federal Claims. 
(2) CAUSE OF ACTION FOR IMPROPER EXCLU-
SION.— 
(A) IN
GENERAL.—For any petition for 
which compensation is awarded to 1 or more el-
igible survivors under subsection (c), an eligible 
survivor who was not awarded such compensa-
tion may, not later than 3 years after the date 
on which such compensation is awarded, bring 
an action in a Federal court of competent juris-
diction against the eligible survivors to whom 
such compensation was awarded, for the 
amount described in subparagraph (B). 
(B) AMOUNT.—The amount described in 
this subparagraph is— 
(i) in the case of a defendant whom 
the court determines, by a preponderance 
of the evidence, intentionally excluded the 
name and contact information of the plain-
tiff from the petition submitted under sub-
section (b)(1), the total of— 
(I) the equal share of compensa-
tion that the plaintiff would have re-
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ceived under subsection (c)(1), if in-
cluded on the petition; and 
(II) any applicable attorney’s fees 
and reasonable court costs; or 
(ii) in any other case, such equal 
share of compensation. 
(e) DEFINITIONS.—In this section: 
(1) ELIGIBLE
DECEASED
INDIVIDUAL.—The 
term ‘‘eligible deceased individual’’ means an indi-
vidual who— 
(A) is deceased; and 
(B) at the time of death, was a citizen of 
the United States. 
(2) ELIGIBLE
SURVIVOR.—The term ‘‘eligible 
survivor’’ means, as of the time of submitting a peti-
tion under subsection (b)— 
(A) the surviving spouse of the eligible de-
ceased individual; 
(B) if there is no surviving spouse, the sur-
viving children of the eligible deceased indi-
vidual; and 
(C) if there is no surviving spouse or chil-
dren, the surviving parents or legal guardians 
of the eligible deceased individual. 
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SEC. 5. SPECIAL TARIFF. 
Notwithstanding any other provision of law, there is 
hereby imposed, in addition to any other duty in effect 
as of the date of the enactment of this Act, a duty of 10 
percent ad valorem on all products of the People’s Repub-
lic of China imported into the United States. 
SEC. 6. EXCEPTION TO FOREIGN SOVEREIGN IMMUNITY. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law (including chapter 85 of title 28, United States 
Code, commonly referred to as the ‘‘Foreign Sovereign Im-
munities Act’’) a person may bring an action for damages 
(including economic damages, and damages for pain and 
suffering) before an appropriate district court of the 
United States against the Government of the People’s Re-
public of China for personal injury, death, or harm result-
ing from any misrepresentation pertaining to COVID–19 
made by the Government of the People’s Republic of 
China. 
(b) PRESUMPTION OF LIABILITY.—For purposes of 
a civil action under this section, there shall be a rebuttable 
presumption that a misrepresentation described in sub-
section (a) was a proximate cause of any harm suffered 
as a result of COVID–19. 
Æ 
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