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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6222 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 6222
To establish a COVID-19 Victims Compensation Program, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 3, 2023
Mr. Mooney introduced the following bill; which was referred to the
Committee on the Judiciary, 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 establish a COVID-19 Victims Compensation Program, 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 ``Justice for Victims of COVID Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) According to the Centers for Disease Control and
Prevention, the COVID-19 pandemic has killed more than 1
million Americans.
(2) The People's Republic of China showed willful disregard
and indifference toward the life, welfare, safety, and rights
of Americans by--
(A) concealing vital medical and scientific data
from the World Health Organization;
(B) suppressing crucial information that should
have been shared with international health authorities;
(C) arresting and silencing whistleblowers;
(D) denying human-to-human transmission in the face
of mounting evidence;
(E) destroying evidence; and
(F) continuing international air traffic out of
Wuhan, the virus's epicenter, despite a domestic travel
lockdown.
SEC. 3. COVID-19 VICTIMS COMPENSATION FUND.
(a) Establishment of Fund.--There is hereby established in the
Treasury of the United States a fund to be known as the COVID-19
Victims Compensation Fund (in this Act referred to as the ``Fund''),
consisting of such amounts as may be appropriated to the Fund as
provided in subsection (b).
(b) Transfer to Fund of Amounts Equivalent to Special Tariff.--
There is hereby appropriated to the Fund for fiscal year 2024 and each
subsequent fiscal year an amount equal to the total amount of duties
collected for each fiscal year under section 5.
(c) Availability of Funding.--Amounts in the Fund shall be
available, without further appropriation and until expended, for
carrying out section 4.
SEC. 4. COVID-19 VICTIMS COMPENSATION PROGRAM.
(a) Establishment of Program.--The Secretary of Health and Human
Services (in this section referred to as the ``Secretary'') shall
establish a program to be known as the COVID-19 Victims Compensation
Program (in this section referred to as the ``Program'') for the
purpose of providing compensation to eligible survivors of eligible
deceased individuals whose primary cause of death was COVID-19.
(b) Petitions.--
(1) In general.--To receive compensation under the Program,
an eligible survivor may submit to the Secretary a petition at
such time, in such manner, and containing such information as
the Secretary may require, which shall include--
(A) evidence (of a type determined admissible by
the Secretary) that COVID-19 was the primary cause of
death of the eligible deceased individual in relation
to whom the eligible survivor seeks compensation; and
(B) the name and contact information of each
eligible survivor of such eligible deceased individual.
(2) Not more than 1 petition per eligible deceased
individual.--Not more than 1 petition may be submitted in
relation to any given eligible deceased individual.
(c) Payment of Compensation.--
(1) In general.--Subject to paragraph (3), for any petition
for which the Secretary determines by a preponderance of the
evidence that COVID-19 was the primary cause of death of the
eligible deceased individual, the Secretary shall, from amounts
in the Fund, pay the eligible survivors of the eligible
deceased individual--
(A) in the case of 1 eligible survivor, the amount
described in paragraph (2) to such eligible survivor;
or
(B) in the case of multiple eligible survivors, the
amount described in paragraph (2) divided equally among
such eligible survivors.
(2) Amount.--The amount described in this paragraph is the
total of--
(A) the amount of out-of-pocket health care costs
incurred by the eligible deceased individual for the
treatment of such eligible deceased individual's case
of COVID-19 and any associated symptoms and
complications; and
(B) the amount, not to exceed $50,000, of wages
lost by the eligible deceased individual as the result
of the death of such eligible deceased individual.
(3) Insufficient funds.--In the case of insufficient
amounts in the Fund to pay the full amount described in
paragraph (2) to all eligible survivors in relation to whom the
Secretary has made the determination described in paragraph
(1), the Secretary may prioritize payments, on a rolling basis,
in the order in which such determinations are made.
(d) Judicial Review.--
(1) Appeal of denial.--An individual, if aggrieved by a
denial of a petition submitted under the Program for an
eligible deceased individual in relation to whom such
individual is an eligible survivor, may appeal such denial in
the United States Court of Federal Claims.
(2) Cause of action for improper exclusion.--
(A) In general.--For any petition for which
compensation is awarded to 1 or more eligible survivors
under subsection (c), an eligible survivor who was not
awarded such compensation may, not later than 3 years
after the date on which such compensation is awarded,
bring an action in a Federal court of competent
jurisdiction against the eligible survivors to whom
such compensation was awarded, for the amount described
in subparagraph (B).
(B) Amount.--The amount described in this
subparagraph is--
(i) in the case of a defendant whom the
court determines, by a preponderance of the
evidence, intentionally excluded the name and
contact information of the plaintiff from the
petition submitted under subsection (b)(1), the
total of--
(I) the equal share of compensation
that the plaintiff would have received
under subsection (c)(1), if included on
the petition; and
(II) any applicable attorney's fees
and reasonable court costs; or
(ii) in any other case, such equal share of
compensation.
(e) Definitions.--In this section:
(1) Eligible deceased individual.--The term ``eligible
deceased individual'' means an individual who--
(A) is deceased; and
(B) at the time of death, was a citizen of the
United States.
(2) Eligible survivor.--The term ``eligible survivor''
means, as of the time of submitting a petition under subsection
(b)--
(A) the surviving spouse of the eligible deceased
individual;
(B) if there is no surviving spouse, the surviving
children of the eligible deceased individual; and
(C) if there is no surviving spouse or children,
the surviving parents or legal guardians of the
eligible deceased individual.
SEC. 5. SPECIAL TARIFF.
Notwithstanding any other provision of law, there is hereby
imposed, in addition to any other duty in effect as of the date of the
enactment of this Act, a duty of 10 percent ad valorem on all products
of the People's Republic of China imported into the United States.
SEC. 6. EXCEPTION TO FOREIGN SOVEREIGN IMMUNITY.
(a) In General.--Notwithstanding any other provision of law
(including chapter 85 of title 28, United States Code, commonly
referred to as the ``Foreign Sovereign Immunities Act'') a person may
bring an action for damages (including economic damages, and damages
for pain and suffering) before an appropriate district court of the
United States against the Government of the People's Republic of China
for personal injury, death, or harm resulting from any
misrepresentation pertaining to COVID-19 made by the Government of the
People's Republic of China.
(b) Presumption of Liability.--For purposes of a civil action under
this section, there shall be a rebuttable presumption that a
misrepresentation described in subsection (a) was a proximate cause of
any harm suffered as a result of COVID-19.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, 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.
Referred to the Committee on the Judiciary, 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.
Referred to the Subcommittee on Trade.
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