,i #aafth ,,congress #b;d ,session ,h4 ,r4 #gfhf ,,in ,,the ,,house ,,of ,,representatives ,july #bj1 #bjbj,mr4 ,kennedy introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to amend the ,public ,health ,service ,act to establish a program to provide full compensation to any essential ,,covid-#ai frontline worker who was seriously injured or died as a result of having ,,covid-#ai1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,,covid-#ai ,essential ,workers ,compensation ,fund ,act of #bjbj4 #b4 ,compensating essential ,,covid-#ai frontline workers who are seriously injured or die ,title ,,ii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bjb et seq47 is amended by adding at the end the following3 ,e ,compensating ,,covid-#ai ,frontline ,workers ,who are ,seriously ,injured or ,die as a ,result of ,having ,,covid-#ai #bge4 ,definitions ,in this part1 the following definitions apply3 7#a7 ,claimant ,the term claimant means an individual filing a claim for compensation under section #bge;,d7a77#a74 7#b7 ,collateral source ,the term collateral source means all collateral sources1 including life insurance1 pension funds1 death benefit programs1 and payments by ,federal1 ,state1 or local governments related to injury or death as a result of having ,,covid-#ai4 7#c7 ,economic loss 7,a7 ,the term economic loss means any pecuniary loss resulting from harm 7including the loss of earnings or other benefits related to employment1 replacement services loss1 loss due to death1 burial costs1 loss of business or employment opportunities1 past and anticipated out-of-pocket medical expense loss7 to the extent recovery for such loss is allowed under applicable ,state law4 7,b7 ,notwithstanding subparagraph 7,a71 in calculating economic loss for purposes of a claim for compensation under section #bge;,c7a77#a71 the total loss of earnings related to employment shall not exceed #bjj1jjj for any #ab-month period4 7#d7 ,eligible essential ,,covid-#ai frontline worker ,the term eligible essential ,,covid-#ai frontline worker means an essential ,,covid-#ai frontline worker determined to be eligible for compensation under section #bge;,c7d74 7#e7 ,essential ,,covid-#ai frontline worker ,the term essential ,,covid-#ai frontline worker means a worker whose job-- 7,a7 is included in the healthcare_/public health category of essential critical infrastructure workers in version #c4j of the guidance of the ,department of ,homeland ,security issued on ,april #ag1 #bjbj1 and titled ,guidance on the ,essential ,critical ,infrastructure ,workforce3 ,ensuring ,community and ,national ,resilience in ,,covid-#ai ,response2 7,b7 is included in another category of essential critical infrastructure workers in version #c4j of such guidance2 7,c7 is to deliver goods or transport people during the ,,covid-#ai public health emergency1 but is not included in any of the categories described in subparagraphs 7,a7 and 7,b72 or 7,d7 is determined by the ,eligibility ,committee to warrant treating such a worker as an essential ,,covid-#ai frontline worker4 7#f7 ,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#g7 ,secretary ,except as inconsistent with this section1 the term ,secretary means the ,secretary of ,health and ,human ,services4 7#h7 ,seriously injured ,the term seriously injured means having injuries that-- 7,a7 give rise to a substantial risk of death2 or 7,b7 cause serious1 permanent disfigurement or prolonged loss or impairment of the function of any body part or organ4 7#i7 ,special master ,the term ,special ,master means the ,special ,master appointed under section #bge;,b7a74 #bge;,a4 ,compensation program ,the ,secretary shall carry out a program to provide full compensation to any essential ,,covid-#ai frontline worker 7or one or more representatives acting on behalf of a deceased essential ,,covid-#ai frontline worker7 who was seriously injured or died as a result of having ,,covid-#ai4 #bge;,b4 ,administration 7a7 ,in ,general ,the ,secretary1 acting through a ,special ,master appointed by the ,secretary1 shall-- 7#a7 administer the compensation program established under this part2 7#b7 promulgate all procedural and substantive rules for the administration of this part2 and 7#c7 employ and supervise hearing officers and other administrative personnel to perform the duties of the ,special ,master under this part4 7b7 ,appointment of ,special ,master and ,deputy ,special ,masters ,the ,secretary 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 ,secretary4 ,the ,secretary shall fix the annual salary of the ,special ,master and the ,deputy ,special ,masters4 7c7 ,eligibility ,committee 7#a7 ,establishment ,the ,secretary shall establish a committee1 to be known as the ,eligibility ,committee4 7#b7 ,composition ,the ,eligibility ,committee shall be composed of seven members1 of which-- 7,a7 five shall be appointed by the ,secretary of ,health and ,human ,services1 of which-- 7i7 at least two shall be mental health professionals2 and 7ii7 at least one shall be an infectious disease clinician2 and 7,b7 two shall be appointed by the ,secretary of ,labor4 7#c7 ,duties ,the ,eligibility ,committee1 in consultation with the ,special ,master1 shall determine-- 7,a7 as described in section #bge7e77;,c71 the jobs1 in addition to those described in section #bge7e77;,a71 warranting treatment of workers performing such jobs as essential ,,covid-#ai frontline workers2 7,b7 in accordance with section #bge;,c1 any other requirements needing to be met to be eligible for compensation under this part2 and 7,c7 hear and decide appeals brought pursuant to section #bge;,c7b77#c77;,a74 #bge;,c4 ,determination of eligibility for compensation 7a7 ,filing of ,claim 7#a7 ,in general ,a claimant may file a claim for compensation under this part 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 serious injury that the claimant suffered1 or in the case of a claim filed with respect to a decedent information confirming the decedent's death1 as a result of having ,,covid-#ai2 7ii7 in the case of a claim concerning such serious injury1 information concerning any economic and noneconomic losses that the claimant suffered as a result of the serious injury2 and 7iii7 information regarding collateral sources of compensation the claimant has received or is entitled to receive as a result of such injury or death4 7#c7 ,limitation ,no claim may be filed under paragraph 7#a7 after calendar year #bjbi4 7b7 ,review and determination 7#a7 ,review ,the ,special ,master shall review a claim submitted under subsection 7a7 and1 with respect to a claimant determined to be an eligible individual1 determine-- 7,a7 in the case of a claim concerning serious injury1 the extent of the economic and noneconomic losses that the claimant suffered as a result of the injury2 and 7,b7 in the case of a claim concerning serious injury or death1 the amount of compensation to which the claimant is entitled under this part4 7#b7 ,negligence ,with respect to a claimant1 the ,special ,master shall not consider negligence or any other theory of liability4 7#c7 ,determination 7,a7 ,process ,not later than #abj days after that date on which a claim is filed under subsection 7a71 the ,special ,master shall complete a review1 make a determination1 and provide written notice to the claimant1 with respect to the matters that were the subject of the claim under review4 ,such a determination shall be final and not subject to judicial review1 except that a claimant may appeal the ,special ,master's determination to the ,eligibility ,committee established under section #bge;,b7c74 7,b7 ,amount of compensation for seriously injured claimants ,the amount of the compensation awarded under this part to a claimant who was seriously injured as a result of having ,,covid-#ai shall be equal to the amount of-- 7i7 the economic losses and noneconomic losses of the claimant as a result of having ,,covid-#ai2 less 7ii7 the collateral source compensation the claimant has received or is entitled to receive as a result of having ,,covid-#ai4 7,c7 ,additional compensation for decedents ,in lieu of any compensation described in subparagraph 7,b71 the amount of the compensation awarded under this part in the case of a claimant who died as a result of having ,,covid-#ai shall be-- 7i7 full payment of any outstanding educational loans of the decedent1 including private loans1 including principal and interest2 7ii7 a death benefit of #bej1jjj paid to the estate of the decedent2 and 7iii7 an additional death benefit of #ajj1jjj paid to the spouse and each dependent of the decedent4 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 attorney2 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 part4 7#f7 ,no cap ,the ,special ,master-- 7,a7 shall1 with respect to each claimant1 award the full amount of the compensation calculated under paragraph 7#c72 and 7,b7 may not impose a cap on the total amount of such compensation4 7c7 ,no consideration of race1 ethnicity1 gender1 religion1 or sex ,notwithstanding any other provision of law1 the ,special ,master and ,eligibility ,committee may not award damages to a claimant as part of any compensation under this part using a calculation of the projected future earning potential of that claimant that takes into account race1 color1 ethnicity1 national origin1 religion1 disability1 or sex 7including gender1 gender identity1 and sexual orientation74 7d7 ,eligibility 7#a7 ,in general ,a claimant shall be determined to be an eligible essential ,,covid-#ai frontline worker for purposes of this subsection if the ,special ,master determines that such claimant1 during the ,,covid-#ai emergency period1 is an essential ,,covid-#ai frontline worker 7or is a representative acting on behalf of a deceased essential ,,covid-#ai frontline worker7 who was seriously injured or died as a result of having 7including being presumed to have7 ,,covid-#ai1 including an essential ,,covid-#ai frontline worker who committed suicide because of a mental health condition that was exacerbated or contributed to by ,,covid-#ai4 7#b7 ,single claim ,not more than one claim may be submitted under this part with respect to compensation arising from the death of an eligible essential ,,covid-#ai frontline worker4 7#c7 ,definition ,in this subsection1 the term ,,covid-#ai emergency period has the meaning given to the term emergency period in section #aace7;g77#a77;,b7 of the ,social ,security ,act4 #bge;,d4 ,payments to eligible individuals 7a7 ,in general ,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 part1 the ,special ,master shall authorize payment to such claimant of the amount determined with respect to the claimant4 7b7 ,payment authority ,this part constitutes budget authority in advance of appropriations ,acts and represents the obligation of the ,federal ,government to provide for the payment of amounts for compensation under this part4 #bge;,e4 ,regulations ,not later than #ij days after the date of enactment of this part1 the ,secretary1 in consultation with the ,special ,master1 shall promulgate regulations to carry out this part1 including regulations with respect to-- 7#a7 forms to be used in submitting claims under this part2 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 part2 and 7#e7 other matters determined appropriate by the ,secretary4 #bge;,f4 ,right of subrogation ,the ,united ,states shall have the right of subrogation with respect to any claim paid by the ,united ,states under this part4 #bge;,g4 ,report on health outcomes ,not later than #b years after the date of enactment of this part1 the ,secretary of ,health and ,human ,services shall submit to the ,congress and make publicly available a report on-- 7#a7 whether the duration for which a health care provider or other worker is exposed to individuals with ,,covid-#ai impacts health outcomes2 and 7#b7 whether the number of essential ,,covid-#ai frontline workers residing in a community impacted the spread of ,,covid-#ai in the community4 #bge;,h4 ,funding 7a7 ,compensation ,to pay the compensation owed to claimants under this part1 there is authorized to be appropriated1 and there is appropriated1 out of amounts in the ,treasury not otherwise obligated1 such sums as may be necessary4 7b7 ,administrative and support costs ,for the administrative and support costs of carrying out this part1 there are authorized to be appropriated such sums as may be necessary4 #bge;,i4 ,sunset date ,the program under this part shall terminate on ,january #a1 #bjce4 4