I 
116TH CONGRESS 
2D SESSION 
H. R. 6955 
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. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 19, 2020 
Ms. SPEIER (for herself, Mr. NEGUSE, Mr. ROSE of New York, Mr. BLU-
MENAUER, Mr. CARSON of Indiana, Mr. COHEN, Mr. CUELLAR, Mr. 
ENGEL, Mr. GARCI´A of Illinois, Mr. GREEN of Texas, Mr. GRIJALVA, 
Mrs. HAYES, Ms. JACKSON LEE, Mr. JOHNSON of Georgia, Ms. LEE of 
California, Mr. LYNCH, Ms. NORTON, Ms. OCASIO-CORTEZ, Ms. 
PRESSLEY, Mr. RUPPERSBERGER, Mr. SAN NICOLAS, Ms. SCANLON, Mr. 
SOTO, Mr. THOMPSON of California, Ms. TLAIB, Mr. VELA, and Ms. 
JUDY CHU of California) introduced the following bill; which was referred 
to the Committee on Energy and Commerce, and in addition to the Com-
mittee 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 jurisdiction of the committee concerned 
A BILL 
To amend the Public Health Service Act to authorize a 
program of death and hospitalization benefits for essen-
tial workers who die as a result of COVID–19 or related 
complications, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Essential Worker Pan-
demic Compensation Act of 2020’’. 
SEC. 2. PANDEMIC COMPENSATION PROGRAM. 
Title II of the Public Health Service Act (43 U.S.C. 
202 et seq.) is amended by adding at the end the following 
new part: 
‘‘PART E—PANDEMIC COMPENSATION PROGRAM 
‘‘SEC. 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 sub-
section (b) to the survivor or survivors in the same 
manner as death benefits are paid pursuant to the 
Public Safety Officers’ Benefits Program under sub-
part 1 of part L of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 of each essen-
tial worker who dies as a result of COVID–19 or re-
lated complications; and 
‘‘(2) a hospitalization benefit in accordance with 
subsection (c) to each essential worker who is hos-
pitalized, and does not die, as a result of COVID– 
19 or related complications. 
‘‘(b) DEATH BENEFITS.— 
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‘‘(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 re-
duction attributable to a limitation on appropria-
tions. 
‘‘(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 edu-
cational 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 in-
stitution 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. 
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‘‘(B) APPLICABLE PROVISIONS.—The pro-
visions 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 as-
sistance 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 re-
spect 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 sub-
section (a). 
‘‘(2) NO
REDUCTION
BECAUSE
OF
PAYMENT 
FROM OTHER SOURCE.—The Secretary may not re-
duce a payment under subsection (a) on the basis of 
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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 Sec-
retary, shall— 
‘‘(A) administer the compensation program 
under this section; 
‘‘(B) promulgate all procedural and sub-
stantive rules (which may be issued by regula-
tion) 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 sec-
tion. 
‘‘(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 
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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 hospital-
ized 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 subpara-
graph (A). The Special Master shall ensure that 
such form can be filed electronically, if deter-
mined to be practicable. 
‘‘(C) DEADLINE.—No claim for compensa-
tion under this section may be filed after July 
1, 2021. 
‘‘(3) APPOINTMENT.—The Secretary may ap-
point the Special Master without regard to the provi-
sions of title 5, United States Code, governing ap-
pointments in the competitive service. Any such em-
ployee shall serve at the pleasure of the Secretary. 
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The Secretary shall fix the annual salary of the Spe-
cial Master. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) The term ‘child’ has the meaning given to 
the term ‘child’ in section 1204 of the Omnibus 
Crime Control and Safe Streets Act of 1968, except 
that the reference in section 1204(3) of such Act to 
‘a deceased or permanently and totally disabled pub-
lic safety officer who, at the time of the public safety 
officer’s fatal or catastrophic injury’ shall be treated 
as reference to ‘a deceased or hospitalized essential 
worker who, at the time of the worker’s death or 
hospitalization’. 
‘‘(2) The term ‘essential worker’ means— 
‘‘(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’ issued by the Department of 
Homeland Security on April 17, 2020; and 
‘‘(B) any other worker identified by the 
Special Master as an essential worker for pur-
poses of this section. 
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‘‘(3) The term ‘hospitalized’ means furnished 
inpatient services (as defined in section 1861(b) of 
the Social Security Act). 
‘‘(4) The term ‘institution of higher education’ 
has the meaning given to that term in section 
102(a) of the Higher Education Act of 1965. 
‘‘(5) The term ‘Special Master’ means the Spe-
cial Master appointed under subsection (e)(3). 
‘‘(6) The term ‘spouse of the worker’ means the 
spouse of the essential worker on the date of the 
worker’s death. 
‘‘(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. 
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‘‘(h) SUNSET DATE.—At the end of calendar year 
2021, the Secretary shall terminate the program under 
this section except to the extent necessary to carry out 
the scholarship program under subsection (b)(2).’’. 
Æ 
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