Essential Worker Pandemic Compensation Act of 2021
Bill: H.R.900 | Sponsor: Rep. Speier, Jackie (D-CA)
Policy area: Health

Summary:
Essential Worker Pandemic Compensation Act of 2021
This bill compensates specified essential workers who die or are hospitalized as a result of COVID-19 (i.e., coronavirus disease 2019) or related complications.
Specifically, the bill provides death benefits to survivors of essential workers equal to the amount available under the public safety officer benefits program. Essential workers include those identified in the Cybersecurity and Infrastructure Security Agency guidance or by a Special Master appointed by the Department of Health and Human Services. Such death benefits include additional payments to a surviving spouse or child enrolled in qualified postsecondary education.
Further, essential workers who are hospitalized as a result of COVID-19 receive one half of the base death benefit amount.

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.

    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 ``Essential Worker Pandemic 
Compensation Act of 2021''.

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 subsection (b) to 
        the survivor or survivors in the same manner as death benefits 
        are paid pursuant to 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 of each essential 
        worker who dies as a result of COVID-19 or related 
        complications; and
            ``(2) a hospitalization benefit in accordance with 
        subsection (c) to each essential worker who is hospitalized, 
        and does not die, as a result of COVID-19 or related 
        complications.
    ``(b) Death Benefits.--
            ``(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 reduction attributable to a 
        limitation on appropriations.
            ``(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 educational 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 
                        institution 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.
                    ``(B) Applicable provisions.--The provisions 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 assistance 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 respect 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 subsection (a).
            ``(2) No reduction because of payment from other source.--
        The Secretary may not reduce a payment under subsection (a) on 
        the basis of 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 Secretary, shall--
                    ``(A) administer the compensation program under 
                this section;
                    ``(B) promulgate all procedural and substantive 
                rules (which may be issued by regulation) 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 section.
            ``(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 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 
                                hospitalized 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 subparagraph (A). The Special Master shall 
                ensure that such form can be filed electronically, if 
                determined to be practicable.
                    ``(C) Deadline.--No claim for compensation under 
                this section may be filed after July 1, 2022.
            ``(3) Appointment.--The Secretary may appoint the Special 
        Master 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.
    ``(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 public 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 purposes of this 
                section.
            ``(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 Special 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.
    ``(h) Sunset Date.--At the end of calendar year 2022, the Secretary 
shall terminate the program under this section except to the extent 
necessary to carry out the scholarship program under subsection 
(b)(2).''.
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