[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 900 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 900
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 5, 2021
Ms. Speier (for herself, Mr. Neguse, Ms. Scanlon, Mr. Garcia of
Illinois, Ms. Norton, Mr. Vela, Mr. Blumenauer, Ms. Tlaib, Mr. Carson,
Mr. Johnson of Georgia, Mrs. Hayes, Mr. Cohen, Ms. Pressley, Ms. Lee of
California, Mr. San Nicolas, Mrs. Watson Coleman, Mr. Gomez, Ms.
Newman, Mr. Grijalva, and Mr. Khanna) introduced the following bill;
which was referred to the Committee on Energy and Commerce, and in
addition to the Committee on Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
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).''.
<all>