IB 
Union Calendar No. 387 
117TH CONGRESS 
2D SESSION 
H. R. 3114 
[Report No. 117–526] 
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 
SEPTEMBER 29, 2022 
Additional sponsors: Mr. POCAN, Ms. BARRAGA´N, Ms. WILSON of Florida, Ms. 
SALAZAR, Ms. JAYAPAL, Mr. KAHELE, Mr. DESAULNIER, Ms. LEE of 
California, Ms. STRICKLAND, Ms. NORTON, Mr. DANNY K. DAVIS of Illi-
nois, Mr. LOWENTHAL, Mr. SUOZZI, Mr. LYNCH, Mr. CARSON, Mr. NAD-
LER, Mr. COHEN, Ms. BONAMICI, Mr. LAWSON of Florida, Mr. JONES, 
Ms. ROYBAL-ALLARD, Ms. CHU, Mrs. HAYES, Ms. PORTER, Ms. ADAMS, 
Mr. GARAMENDI, Mr. BOWMAN, Mr. MFUME, Mr. SCHIFF, Ms. 
SHERRILL, Mr. LEVIN of Michigan, Mr. TAKANO, Ms. STEVENS, and 
Mrs. RADEWAGEN 
SEPTEMBER 29, 2022 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on March 11, 2021] 
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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. 
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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 2022’’. 
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 described 
in subsection (b)(2) and who provides notice of or files a 
claim under the Longshore and Harbor Workers’ Com-
pensation Act (33 U.S.C. 901 et seq.) relating to such diag-
nosis 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 Har-
bor Workers’ Compensation Act. 
(b) COVERED EMPLOYEE.—In this Act, the term ‘‘cov-
ered employee’’ means an individual who, at any time dur-
ing the period beginning January 27, 2020, and ending on 
January 27, 2024, is an employee engaged in maritime em-
ployment as defined in section 2 of the Longshore and Har-
bor Workers’ Compensation Act (33 U.S.C. 902(3)) and 
who— 
(1)(A) is diagnosed with COVID–19; and 
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(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, 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— 
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(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 compensa-
tion 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 covered 
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 com-
pensation 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 Work-
ers’ 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 
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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 expenses, 
medical or other related costs for treatment and care, 
and reasonable and necessary allocated claims ex-
penses. 
(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 
of 
occupational 
exposure 
to 
the 
novel 
coronavirus, including such guidelines and 
standards issued by the Occupational Safety and 
Health Administration, State plans approved 
under section 18 of the Occupational Safety and 
Health Act of 1970 (29 U.S.C. 667), the Centers 
for Disease Control and Prevention, and the Na-
tional Institute for Occupational Safety and 
Health; and 
(B) a carrier— 
(i) shall be a carrier for an employer 
that is in compliance with subparagraph 
(A); and 
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(ii) shall not adjust the experience rat-
ing or the annual premium of the employer 
based upon the compensation paid by the 
carrier with respect to a notice or claim de-
scribed in section 2(a). 
(b) REIMBURSEMENT PROCEDURES.— 
(1) IN
GENERAL.—To receive reimbursement 
under subsection (a), a claim for such reimbursement 
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’ Com-
pensation 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 ef-
fect on the date of enactment of this Act). 
(2) RECORDS.—An employer and the employer’s 
carrier shall make, keep, and preserve such records 
and provide such information as the Secretary of 
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Labor determines necessary 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. 
(2) FUNDS.—In addition to amounts otherwise 
available, there are authorized to be appropriated, 
and there are appropriated, out of any money in the 
Treasury not otherwise appropriated, such sums as 
may be necessary to the Longshore COVID–19 Fund 
for each reimbursement paid out of such Fund under 
this section. 
(d) REPORT.—Not later than 60 days after the end of 
each of fiscal years 2022, 2023, and 2024, the Secretary 
of Labor shall submit to the Committee on Education and 
Labor of the House of Representatives and the Committee 
on Health, Education, Labor, and Pensions of the Senate, 
an annual report enumerating— 
(1) the number of claims filed pursuant to sec-
tion 2(a); 
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(B) equal to the maximum number of days 
that the Secretary of Labor, with the concurrence 
of the Director of the National Institute of Occu-
pational Safety and Health, determines could 
occur 
between 
an 
exposure 
to 
the 
novel 
coronavirus and a diagnosis of COVID–19 re-
sulting from such exposure. 
(2) LHWCA 
TERMS.—The terms ‘‘carrier’’, 
‘‘compensation’’, ‘‘employee’’, and ‘‘employer’’ have 
the meanings given the terms in section 2 of the 
Longshore and Harbor Workers’ Compensation Act 
(33 U.S.C. 902). 
(3) LONGSHORE
COVID-19
FUND.—The term 
‘‘Longshore COVID-19 Fund’’ means the fund estab-
lished in section 45 of the Longshore and Harbor 
Workers’ Compensation Act (as added by section 4 of 
this Act). 
(4) NOVEL
CORONAVIRUS.—The term ‘‘novel 
coronavirus’’ means SARS–CoV–2, a variant of 
SARS–CoV–2, or any other coronavirus declared to be 
a pandemic by public health authorities. 
SEC. 4. LONGSHORE COVID–19 FUND. 
The Longshore and Harbor Workers’ Compensation 
Act (33 U.S.C. 901 et seq.) is amended by adding after sec-
tion 44 the following: 
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‘‘SEC. 45. LONGSHORE COVID–19 FUND. 
‘‘(a) IN GENERAL.—There is established in the Treas-
ury of the United States the Longshore COVID–19 Fund 
(in this section, referred to as the ‘Fund’), which consists 
of sums that are appropriated to the Fund under section 
3(c) of the Longshore and Harbor Workers’ COVID–19 
Compensation Act of 2022. 
‘‘(b) EXPENDITURES.—Amounts in the Fund shall be 
available for the reimbursement of an employer or the em-
ployer’s carrier for compensation payments and expenses 
approved under section 3 of the Longshore and Harbor 
Workers’ COVID–19 Compensation Act of 2022, including 
disability compensation, death benefits, funeral and burial 
expenses, medical or other related costs for treatment and 
care, and reasonable and necessary allocated claims ex-
penses paid under this Act when reimbursement is required 
under section 3 of the Longshore and Harbor Workers’ 
COVID–19 Compensation Act of 2022, subject to any limi-
tations in such section.’’. 
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Union Calendar No. 387 
117TH CONGRESS 
2D SESSION 
H. R. 3114 
[Report No. 117–526] 
A BILL 
To provide benefits authorized under the Longshore 
and Harbor Workers’ Compensation Act to mari-
time workers who contract COVID–19, and for 
other purposes. 
SEPTEMBER 29, 2022 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
VerDate Sep 11 2014 
00:10 Sep 30, 2022
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