Longshore and Harbor Workers’ COVID–19 Compensation Act of 2022
Bill: H.R.3114 | Sponsor: Rep. Mrvan, Frank J. (D-IN)
Policy area: Labor and Employment

Summary:
Longshore and Harbor Workers' COVID-19 Compensation Act of 2022
This bill establishes a conclusive presumption that certain workers diagnosed with COVID-19 are entitled to workers' compensation benefits under the Longshore and Harbor Workers' Compensation Act (LHWCA). It also provides funding to reimburse employers for costs associated with LHWCA benefits related to COVID-19. The LHWCA provides for medical, disability, and survivor benefits for specified private-sector maritime workers.
The presumption applies to workers who were diagnosed with COVID-19 between January 27, 2020, and January 27, 2024, and who, during the incubation period, faced a risk of COVID-19 exposure while carrying out job duties.
In addition, the bill establishes and provides funding for the Longshore COVID-19 Fund to reimburse employers for costs related to such COVID-19 claims. To be reimbursed, employers must comply with applicable safety and health guidance to prevent occupational exposure to COVID-19.

To provide benefits authorized under the Longshore and Harbor Workers' 
  Compensation Act to maritime workers who contract COVID-19, and for 
                            other purposes.


 


    Be it enacted by the Senate and House of Representatives 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' Compensation Act (33 U.S.C. 901 et seq.) relating to such 
diagnosis 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 Harbor Workers' Compensation Act.
    (b) Covered Employee.--In this Act, the term ``covered employee'' 
means an individual who, at any time during the period beginning 
January 27, 2020, and ending on January 27, 2024, is an employee 
engaged in maritime employment as defined in section 2 of the Longshore 
and Harbor Workers' Compensation Act (33 U.S.C. 902(3)) and who--
            (1)(A) is diagnosed with COVID-19; and
            (B) during a covered exposure period with respect to the 
        date of such diagnosis carried out duties which--
                    (i) required contact with members of the public, 
                co-workers, or other individuals associated 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 employee'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 respect to a covered 
employee who--
            (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 compensation 
        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 Enactment.--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 
compensation 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 compensation, death benefits, funeral and burial 
expenses, and medical expenses, in calculating the annual assessments 
under section 44(c)(2) of the Longshore and Harbor Workers' 
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 reimbursement pursuant 
        to this Act for any compensation paid with respect to a notice 
        or claim described in section 2(a), including disability 
        compensation, death benefits, funeral and burial expenses, 
        medical or other related costs for treatment and care, and 
        reasonable and necessary allocated claims expenses.
            (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 National 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
                            (ii) shall not adjust the experience rating 
                        or the annual premium of the employer based 
                        upon the compensation paid by the carrier with 
                        respect to a notice or claim described 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' Compensation 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 effect 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 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 section 2(a);
            (2) of such filed claims--
                    (A) the number and types of claims under the 
                Longshore and Harbor Workers Compensation Act (33 
                U.S.C. 901 et seq.) with respect to which the 
                presumption under section 2(a) is made;
                    (B) the number and types of such claims denied; and
                    (C) the number and types of such claims pending; 
                and
            (3) the total number of claims for reimbursement and the 
        total amounts paid for such reimbursement from the Longshore 
        COVID-19 Fund under subsection (c)(1) for the fiscal year for 
        which the report is being submitted.
    (e) Regulations.--The Secretary of Labor may promulgate such 
regulations as may be necessary to carry out this Act.
    (f) Definitions.--In this Act:
            (1) Covered exposure period.--The term ``covered exposure 
        period'' with respect to the date of a diagnosis described in 
        section 2(b)(1)(A), means the period of days--
                    (A) ending on the date of such diagnosis; and
                    (B) equal to the maximum number of days that the 
                Secretary of Labor, with the concurrence of the 
                Director of the National Institute of Occupational 
                Safety and Health, determines could occur between an 
                exposure to the novel coronavirus and a diagnosis of 
                COVID-19 resulting 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 established 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 section 44 the following:

``SEC. 45. LONGSHORE COVID-19 FUND.

    ``(a) In General.--There is established in the Treasury 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 employer'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 expenses 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 limitations 
in such section.''.
                                                 Union Calendar No. 387

117th CONGRESS

  2d Session

                               H. R. 3114

                          [Report No. 117-526]

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