Pandemic Heroes Compensation Act of 2021
Bill: S.476 | Sponsor: Sen. Duckworth, Tammy (D-IL)
Policy area: Law

Summary:
Pandemic Heroes Compensation Act of 2021
This bill allows essential workers and their family members to file claims and receive compensation for harm or death suffered as a result of COVID-19 (i.e., coronavirus disease 2019).
A Special Master appointed by the Department of Justice must review claims submitted and determine if a claimant is eligible for compensation, the extent of the harm to the claimant, and the amount of compensation to be awarded.

To provide for the establishment of a COVID-19 Compensation Fund, 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 ``Pandemic Heroes Compensation Act of 
2021''.

SEC. 2. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Claimant.--The term ``claimant''' means an individual 
        filing a claim for compensation under this Act.
            (2) Collateral source.--The term ``collateral source'' 
        means all compensation other than compensation under this Act, 
        including life insurance, pension funds, death benefit 
        programs, and payments by Federal, State, Territory, or local 
        Governments.
            (3) COVID-19.--The term ``COVID-19'' means novel 
        coronavirus disease 2019, as identified by the Centers for 
        Disease Control and Prevention.
            (4) 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, Tribal, or 
        territorial law.
            (5) Essential worker.--The term ``essential worker'' means 
        any individual, employee, or contractor working for a person, 
        business, nonprofit entity, or Federal, State, tribal, 
        territorial or local government that is determined, during the 
        response to the COVID-19 pandemic, to be essential, based on 
        State, local, tribal, or territorial orders or declarations (or 
        equivalent), or Federal guidance published by the Cybersecurity 
        and Infrastructure Security Agency (CISA), and who performed 
        work outside their place of residence.
            (6) Noneconomic losses.--The term ``noneconomic losses'' 
        means losses for physical and emotional pain, suffering, 
        inconvenience, physical impairment, mental anguish, 
        disfigurement, loss of enjoyment of life, loss of society and 
        companionship, loss of consortium (other than loss of domestic 
        service), hedonic damages, injury to reputation, and all other 
        nonpecuniary losses of any kind or nature.
            (7) Special master.--The term ``Special Master'' means the 
        Special Master appointed by the Attorney General under section 
        3.
            (8) Place of residence.--The term ``place of residence'' 
        means the physical location or locations at which claimant 
        resided or was residing during the eligibility period.
            (9) 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, regardless of 
        the claimant's place of residence.

SEC. 3. ADMINISTRATION.

    (a) In General.--The Attorney General, acting through a Special 
Master appointed by the Attorney General, shall--
            (1) administer the compensation program established 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.
    (b) Appointment of Special Master and Deputy Special Masters.--The 
Attorney General 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 Attorney General. 
The Attorney General 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 COMPENSATION.

    (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 (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 
                        concerning the harm that the claimant suffered 
                        as a result of COVID-19, or in the case of a 
                        claim filed on behalf of a decedent, 
                        information confirming the decedent's death, as 
                        a result of COVID-19;
                            (ii) information establishing that the 
                        claimant or decedent was an essential worker;
                            (iii) information from the claimant 
                        concerning any possible economic and 
                        noneconomic 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
                            (iv) 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.--
            (1) Review.--The Special Master shall review a claim 
        submitted under subsection (a) and determine--
                    (A) whether the claimant is an eligible individual 
                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 noneconomic 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 claimant.
            (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 judicial review.
            (4) Rights of claimant.--A claimant in a review under 
        paragraph (1) shall have--
                    (A) the right to be represented by an attorney or 
                other representative;
                    (B) the right to present evidence, including the 
                presentation of witnesses and documents; and
                    (C) any other due process rights determined 
                appropriate by the Special Master.
            (5) No punitive damages.--The Special Master 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 determined under paragraph 
        (1) by the amount of the collateral source compensation the 
        claimant has received 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 Master may impose.
    (c) Eligibility.--
            (1) In general.--A claimant or decedent shall be determined 
        to be an eligible individual for purposes of this subsection if 
        the Special Master determines that such claimant or decedent--
                    (A) was designated an essential worker during the 
                eligibility period or was a family member of such an 
                essential worker who resided with the essential worker 
                during the eligibility period;
                    (B) expressed symptoms consistent with COVID-19, 
                including those with laboratory confirmations, 
                diagnosis by a healthcare provider, or for whom there 
                is or was an absence of an alternate diagnosis that 
                explains claimant'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 may continue the claimant's claim with added 
        expenses 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 regarding 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 Attorney General is authorized to 
        accept such amounts as may be contributed by individuals, 
        business concerns, or other entities to carry out this Act, 
        under such terms and conditions as the Attorney General may 
        impose.
            (2) Use of separate account.--In making payments under this 
        section, amounts contained in any account containing funds 
        provided under paragraph (1) shall be used prior to using 
        appropriated amounts.
    (c) Development of Agency Policies and Procedures.--Not later than 
120 days after the date of enactment the Special Master shall develop 
agency policies and procedures that meet the requirements including 
policies and procedures for presumptive award schedules, administrative 
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 rendered, if any.

SEC. 7. REGULATIONS.

    Not later than 90 days after the date of enactment of this Act, the 
Attorney General, 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 Attorney 
        General.

SEC. 8. RIGHT OF SUBROGATION.

    The United States shall have the right of subrogation with respect 
to any claim paid by the United States, subject to the limitation 
described in this Act.

SEC. 9. VICTIM COMPENSATION FUND.

    (a) In General.--There is established in the Treasury 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 available, 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 additional 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 2021 and each 
fiscal year thereafter through fiscal year 2026, to remain available 
until expended.
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