,i #aafth ,,congress #b;d ,session ,h4 ,r4 #gfgb ,,in ,,the ,,house ,,of ,,representatives ,july #bj1 #bjbj,mr4 ,vela introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to provide for the establishment of a ,,covid-#ai ,victims ,compensation ,fund1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,coronavirus ,victims ,compensation ,fund ,act of #bjbj4 #b4 ,definitions ,in this ,act1 the following definitions apply3 7#a7 ,claimant ,the term claimant means an individual filing a claim for compensation under this ,act4 7#b7 ,collateral source ,the term collateral source means all compensation other than compensation under this ,act1 including life insurance1 pension funds1 death benefit programs1 and payments by ,federal1 ,state1 ,territory1 or local governments4 7#c7 ,,covid-#ai ,the term ,,covid-#ai means novel coronavirus disease #bjai1 as identified by the ,centers for ,disease ,control4 7#d7 ,economic loss ,the term economic loss means any pecuniary loss 7including the loss of earnings or other benefits related to employment1 medical expense loss1 replacement services loss1 loss due to death1 burial costs1 and loss of business or employment opportunities7 resulting from harm due to ,,covid-#ai to the extent recovery for such loss is allowed under applicable ,federal1 ,state1 local1 ,tribal1 or territorial law4 7#e7 ,noneconomic losses ,the term noneconomic losses means losses for physical and emotional pain1 suffering1 inconvenience1 physical impairment1 mental anguish1 disfigurement1 loss of enjoyment of life1 loss of society and companionship1 loss of consortium 7other than loss of domestic service71 hedonic damages1 injury to reputation1 and all other nonpecuniary losses of any kind or nature4 7#f7 ,special ,master ,the term ,special ,master means the ,special ,master appointed by the ,attorney ,general under section #c4 7#g7 ,place of residence ,the term place of residence means the physical location or locations at which claimant resided or was residing during the eligibility period4 7#h7 ,eligibility period ,the term eligibility period means any time during which any ,federal1 ,state1 ,tribal1 territorial1 or local ,,covid-#ai related emergency order or declaration 7or equivalent7 is or was in effect1 regardless of the claimant's place of residence4 #c4 ,administration 7a7 ,in general ,the ,attorney ,general1 acting through a ,special ,master appointed by the ,attorney ,general1 shall-- 7#a7 administer the compensation program established under this ,act2 7#b7 promulgate all procedural and substantive rules for the administration of this ,act2 and 7#c7 employ and supervise hearing officers and other administrative personnel to perform the duties of the ,special ,master under this ,act4 7b7 ,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 #e1 ,united ,states ,code1 governing appointments in the competitive service4 ,any such employee shall serve at the pleasure of the ,attorney ,general4 ,the ,attorney ,general shall fix the annual salary of the ,special ,master and the ,deputy ,special ,masters4 7c7 ,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 ,act4 #d4 ,determination of eligibility for compensation 7a7 ,filing of claim 7#a7 ,in general ,a claimant may file a claim for compensation under this ,act with the ,special ,master4 ,the claim shall be on the form developed under paragraph 7#b7 and shall state the factual basis for eligibility for compensation and the amount of compensation sought4 7#b7 ,claim form 7,a7 ,in general ,the ,special ,master shall develop a claim form that claimants shall use when submitting claims under paragraph 7#a74 ,the ,special ,master shall ensure that such form can be filed electronically1 if determined to be practicable4 7,b7 ,contents ,the form developed under subparagraph 7,a7 shall request-- 7i7 information from the claimant concerning the harm that the claimant suffered as a result of ,,covid-#ai1 or in the case of a claim filed on behalf of a decedent1 information confirming the decedent's death1 as a result of ,,covid-#ai2 7ii7 information from the claimant concerning any possible economic and noneconomic losses that the claimant suffered as a result of ,,covid-#ai or that was caused by the death of the decedent from ,,covid-#ai2 and 7iii7 information regarding collateral sources of compensation the claimant has received or is entitled to receive as a result of ,,covid-#ai4 7#c7 ,limitation ,no claim may be filed under paragraph 7#a7 after the date that is #e years after the end of the eligibility period4 7b7 ,review and determination 7#a7 ,review ,the ,special ,master shall review a claim submitted under subsection 7a7 and determine-- 7,a7 whether the claimant is an eligible individual under subsection 7c72 and 7,b7 with respect to a claimant determined to be an eligible individual-- 7i7 the extent of the harm to the claimant1 including any economic and noneconomic losses2 and 7ii7 subject to paragraph 7#g71 the amount of compensation to which the claimant is entitled based on the harm to the claimant1 the facts of the claim1 and the individual circumstances of the claimant4 7#b7 ,negligence ,with respect to a claimant1 the ,special ,master shall not consider negligence or any other theory of liability4 7#c7 ,determination ,a determination under this subsection shall be final and not subject to judicial review4 7#d7 ,rights of claimant ,a claimant in a review under paragraph 7#a7 shall have-- 7,a7 the right to be represented by an attorney or other representative2 7,b7 the right to present evidence1 including the presentation of witnesses and documents2 and 7,c7 any other due process rights determined appropriate by the ,special ,master4 7#e7 ,no punitive damages ,the ,special ,master may not include amounts for punitive damages in any compensation paid under a claim under this ,act4 7#f7 ,collateral compensation ,the ,special ,master shall reduce the amount of compensation determined under paragraph 7#a7 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-#ai4 7#g7 ,limitations on claims ,noneconomic losses shall not exceed such limit as the ,special ,master may impose4 7c7 ,eligibility 7#a7 ,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-- 7,a7 expressed symptoms consistent with ,,covid-#ai1 including those with laboratory confirmations1 diagnosis by a healthcare provider1 or for whom there is or was an absence of an alternate diagnosis that explains claimant's or decedent's symptoms2 7,b7 suffered economic loss2 and 7,c7 meets the requirements of paragraph 7#b74 7#b7 ,single claim ,not more than one claim may be submitted under this ,act by an individual or on behalf of a deceased individual4 ,if the claimant dies during the pendency of a claim1 the decedent's family or other individual representing the decedent may continue the claimant's claim with added expenses related to the claimant's death1 as needed4 #e4 ,assistance to claimants ,the ,special ,master will establish an office to provide assistance to all claimants in submitting claims4 #f4 ,payments to eligible individuals 7a7 ,in general ,subject to the limitations under subsection 7d71 not later than #bj days after the date on which a determination is made by the ,special ,master regarding the amount of compensation due a claimant under this ,act1 the ,special ,master shall authorize payment to such claimant of the amount determined with respect to the claimant4 7b7 ,funding 7#a7 ,in general ,the ,attorney ,general is authorized to accept such amounts as may be contributed by individuals1 business concerns1 or other entities to carry out this ,act1 under such terms and conditions as the ,attorney ,general may impose4 7#b7 ,use of separate account ,in making payments under this section1 amounts contained in any account containing funds provided under paragraph 7#a7 shall be used prior to using appropriated amounts4 7c7 ,development of agency policies and procedures ,not later than #abj 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 schedules1 administrative expenses1 and related internal memoranda4 7d7 ,attorney ,fees ,the ,special ,master shall have the sole discretion to determine reasonable compensation for services rendered for attorney fees for services rendered1 if any4 #g4 ,regulations ,not later than #ij days after the date of enactment of this ,act1 the ,attorney ,general1 in consultation with the ,special ,master1 shall promulgate regulations to carry out this ,act1 including regulations with respect to-- 7#a7 forms to be used in submitting claims under this ,act2 7#b7 the information to be included in such forms2 7#c7 procedures for hearing and the presentation of evidence2 7#d7 procedures to assist an individual in filing and pursuing claims under this ,act2 and 7#e7 other matters determined appropriate by the ,attorney ,general4 #h4 ,right of subrogation ,the ,united ,states shall have the right of subrogation with respect to any claim paid by the ,united ,states1 subject to the limitation described in this ,act4 #i4 ,,covid-#ai victims compensation fund 7a7 ,in general ,there is established in the ,treasury of the ,united ,states a fund to be known as the ,,covid-#ai ,victims ,compensation ,fund1 consisting of amounts deposited into such fund under subsection 7b74 7b7 ,availability of funds ,amounts deposited into the ,,covid-#ai ,victims ,compensation ,fund shall be available1 without further appropriation1 to the ,special ,master to provide compensation4 7c7 ,termination ,the ,,covid-#ai ,victims ,compensation ,fund shall be permanently closed on the date that is #a year after the ,special ,master determines that no additional claims may be filed4 #aj4 ,appropriation ,there is authorized to be appropriated for purposes of carrying out this ,act such sums as may be necessary for fiscal year #bjbj and each fiscal year thereafter through fiscal year #bjbf1 to remain available until expended4