I 
117TH CONGRESS 
1ST SESSION 
H. R. 98 
To provide for the establishment of a COVID–19 Compensation Fund to 
compensate claimants for harms resulting from suffering from COVID– 
19, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 4, 2021 
Mr. ESPAILLAT introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To provide for the establishment of a COVID–19 Compensa-
tion Fund to compensate claimants for harms resulting 
from suffering from COVID–19, 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 ‘‘COVID–19 Victims 
Compensation Fund Act’’. 
SEC. 2. DEFINITIONS. 
In this Act, the following definitions apply: 
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(1) CLAIMANT.—The term ‘‘claimant’ ’’ means 
an individual filing a claim for compensation under 
this Act. 
(2) COLLATERAL SOURCE.—The term ‘‘collat-
eral source’’ means all compensation other than 
compensation under this Act, including life insur-
ance, pension funds, death benefit programs, and 
payments by Federal, State, local, Tribal, or terri-
torial governments. 
(3) ECONOMIC
LOSS.—The term ‘‘economic 
loss’’ means any pecuniary loss (including the loss of 
earnings or other benefits related to employment, 
medical expense loss, replacement services loss, loss 
due to death, burial costs, and loss of business or 
employment opportunities) resulting from harm due 
to COVID–19 to the extent recovery for such loss is 
allowed under applicable Federal, State, local, Trib-
al, or territorial law. 
(4) 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-
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ice), hedonic damages, injury to reputation, and all 
other nonpecuniary losses of any kind or nature. 
(5) SPECIAL MASTER.—The term ‘‘Special Mas-
ter’’ means the Special Master appointed by the Sec-
retary under section 3. 
(6) PLACE OF RESIDENCE.—The term ‘‘place of 
residence’’ means the physical location or locations 
at which the claimant resided or was residing during 
the eligibility period. 
(7) ELIGIBILITY PERIOD.—The term ‘‘eligibility 
period’’ means any time during which any Federal, 
State, Tribal, territorial, or local COVID–19 related 
emergency order or declaration (or equivalent) is or 
was in effect. 
SEC. 3. ADMINISTRATION. 
(a) IN GENERAL.—The Secretary of Health and 
Human Services, acting through a Special Master ap-
pointed by the Secretary, shall— 
(1) administer the compensation program es-
tablished under this Act; 
(2) promulgate all procedural and substantive 
rules for the administration of this Act; and 
(3) employ and supervise hearing officers and 
other administrative personnel to perform the duties 
of the Special Master under this Act. 
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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) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to pay the administrative and support costs for 
the Special Master in carrying out this Act. 
SEC. 4. DETERMINATION OF ELIGIBILITY FOR COMPENSA-
TION. 
(a) FILING OF CLAIM.— 
(1) IN GENERAL.—A claimant may file a claim 
for compensation under this Act 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 
use when submitting claims under paragraph 
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(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 con-
cerning the harm that the claimant suf-
fered as a result of COVID–19, or in the 
case of a claim filed on behalf of a dece-
dent, information confirming the dece-
dent’s death, as a result of COVID–19; 
(ii) information from the claimant 
concerning any possible economic and non-
economic losses that the claimant suffered 
as a result of COVID–19 or that was 
caused by the death of the decedent from 
COVID–19; and 
(iii) information regarding collateral 
sources of compensation the claimant has 
received or is entitled to receive as a result 
of COVID–19. 
(3) LIMITATION.—No claim may be filed under 
paragraph (1) after the date that is 5 years after 
the end of the eligibility period. 
(b) REVIEW AND DETERMINATION.— 
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(1) REVIEW.—The Special Master shall review 
a claim submitted under subsection (a) and deter-
mine— 
(A) whether the claimant is an eligible in-
dividual under subsection (c); and 
(B) with respect to a claimant determined 
to be an eligible individual— 
(i) the extent of the harm to the 
claimant, including any economic and non-
economic losses; and 
(ii) subject to paragraph (7), the 
amount of compensation to which the 
claimant is entitled based on the harm to 
the claimant, the facts of the claim, and 
the individual circumstances of the claim-
ant. 
(2) NEGLIGENCE.—With respect to a claimant, 
the Special Master shall not consider negligence or 
any other theory of liability. 
(3) DETERMINATION.—A determination under 
this subsection shall be final and not subject to judi-
cial review. 
(4) RIGHTS OF CLAIMANT.—A claimant in a re-
view under paragraph (1) shall have— 
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(A) the right to be represented by an at-
torney or other representative; 
(B) the right to present evidence, including 
the presentation of witnesses and documents; 
and 
(C) any other due process rights deter-
mined appropriate by the Special Master. 
(5) NO PUNITIVE DAMAGES.—The Special Mas-
ter may not include amounts for punitive damages 
in any compensation paid under a claim under this 
Act. 
(6) COLLATERAL COMPENSATION.—The Special 
Master shall reduce the amount of compensation de-
termined under paragraph (1) by the amount of the 
collateral source compensation the claimant has re-
ceived or is entitled to receive as a result of the 
claimant suffering from COVID–19. 
(7) LIMITATIONS
ON
CLAIMS.—Noneconomic 
losses shall not exceed such limit as the Special Mas-
ter may impose. 
(c) ELIGIBILITY.— 
(1) IN GENERAL.—A claimant or decedent shall 
be determined to be an eligible individual for pur-
poses of this subsection if the Special Master deter-
mines that such claimant or decedent— 
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(A)(i) was permanently residing in the 
United States, without regard to whether the 
claimant or decedent had any lawful status 
under the immigration laws (as such terms are 
defined in section 101 of the Immigration and 
Nationality Act (8 U.S.C. 1101)), during all or 
a portion of the eligibility period; or 
(ii) was present in the United States dur-
ing all or a portion of the eligibility period and 
a family member of an individual so residing; 
(B) expressed symptoms consistent with 
COVID–19, including those with laboratory 
confirmations or diagnosis by a health care pro-
vider, or for whom there is or was an absence 
of an alternate diagnosis that explains claim-
ant’s or decedent’s symptoms; 
(C) suffered economic loss; and 
(D) meets the requirements of paragraph 
(2). 
(2) SINGLE CLAIM.—Not more than one claim 
may be submitted under this Act by an individual or 
on behalf of a deceased individual. If the claimant 
dies during the pendency of a claim, the decedent’s 
family or other individual representing the decedent 
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may continue the claimant’s claim with added ex-
penses related to the claimant’s death, as needed. 
SEC. 5. ASSISTANCE TO CLAIMANTS. 
The Special Master will establish an office to provide 
assistance to all claimants in submitting claims. 
SEC. 6. PAYMENTS TO ELIGIBLE INDIVIDUALS. 
(a) IN GENERAL.—Subject to the limitations under 
subsection (d), not later than 20 days after the date on 
which a determination is made by the Special Master re-
garding the amount of compensation due a claimant under 
this Act, the Special Master shall authorize payment to 
such claimant of the amount determined with respect to 
the claimant. 
(b) FUNDING.— 
(1) IN GENERAL.—The Secretary is authorized 
to accept such amounts as may be contributed by in-
dividuals, business concerns, or other entities to 
carry out this Act, under such terms and conditions 
as the Secretary may impose. 
(2) USE OF SEPARATE ACCOUNT.—In making 
payments under this section, amounts contained in 
any account containing funds provided under para-
graph (1) shall be used prior to using appropriated 
amounts. 
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(c) DEVELOPMENT OF AGENCY POLICIES AND PRO-
CEDURES.—Not later than 120 days after the date of en-
actment the Special Master shall develop agency policies 
and procedures that meet the requirements including poli-
cies and procedures for presumptive award schedules, ad-
ministrative expenses, and related internal memoranda. 
(d) ATTORNEY FEES.—The Special Master shall have 
the sole discretion to determine reasonable compensation 
for services rendered for attorney fees for services ren-
dered, if any. 
SEC. 7. REGULATIONS. 
Not later than 90 days after the date of enactment 
of this Act, the Secretary, in consultation with the Special 
Master, shall promulgate regulations to carry out this Act, 
including regulations with respect to— 
(1) forms to be used in submitting claims under 
this Act; 
(2) the information to be included in such 
forms; 
(3) procedures for hearing and the presentation 
of evidence; 
(4) procedures to assist an individual in filing 
and pursuing claims under this Act; and 
(5) other matters determined appropriate by 
the Secretary. 
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SEC. 8. RIGHT OF SUBROGATION. 
The United States shall have the right of subrogation 
with respect to any claim paid by the United States, sub-
ject to the limitation described in this Act. 
SEC. 9. VICTIM COMPENSATION FUND. 
(a) IN GENERAL.—There is established in the Treas-
ury of the United States a fund to be known as the 
‘‘COVID–19 Compensation Fund’’, consisting of amounts 
deposited into such fund under subsection (b). 
(b) AVAILABILITY OF FUNDS.—Amounts deposited 
into the COVID–19 Compensation Fund shall be avail-
able, without further appropriation, to the Special Master 
to provide compensation. 
(c) TERMINATION.—The COVID–19 Compensation 
Fund shall be permanently closed on the date that is 1 
year after the Special Master determines that no addi-
tional claims may be filed. 
SEC. 10. APPROPRIATION. 
There is authorized to be appropriated for purposes 
of carrying out this Act such sums as may be necessary 
for fiscal year 2022 and each fiscal year thereafter 
through fiscal year 2028, to remain available until ex-
pended. 
Æ 
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