[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8441 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 8441

 To establish certain protections and benefits for front line workers, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 29, 2020

  Mrs. Torres of California (for herself, Ms. Lee of California, Mr. 
 Vargas, Mr. Suozzi, Mr. Soto, Mr. Hastings, Mr. Grijalva, Ms. Roybal-
    Allard, Mr. Raskin, Mr. Cisneros, Mr. Connolly, Mr. Vela, Mrs. 
   Napolitano, Ms. Sewell of Alabama, Ms. Norton, and Mr. Carson of 
   Indiana) introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committees on 
  the Judiciary, and 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 certain protections and benefits for front line workers, 
                        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 ``Frontline Heroes Act''.

SEC. 2. DATA ON INFECTIONS AND MORTALITIES OF EMPLOYEES AND CONTRACTORS 
              AT HEALTHCARE FACILITIES.

    (a) Data Collection.--The Secretary of Health and Human Services 
(in this section referred to as the ``Secretary'') acting through the 
Director of the Centers for Disease Control and Prevention shall--
            (1) collect data on COVID-19 infections and the related 
        mortalities or mortality rate of employees and contractors at 
        nursing homes, long-term care facilities, hospitals, and other 
        healthcare facilities nationwide; and
            (2) compile such data, redacted to exclude any personally 
        identifiable information, into a database disaggregated by 
        geographic region.
    (b) Required Reporting to Secretary.--During the COVID-19 emergency 
period, the Secretary--
            (1) may require a nursing home, long-term care facility, 
        hospital, or other healthcare facility to report the data 
        described in subsection (a)(1) in the possession of the 
        respective facility as a condition on the receipt by such 
        facility of any Federal funds, and shall require such reporting 
        as a condition on the receipt by such facility of any funds 
        made available under--
                    (A) the Coronavirus Preparedness and Response 
                Supplemental Appropriations Act, 2020 (Public Law 116-
                123);
                    (B) the Families First Coronavirus Response Act 
                (Public Law 116-127);
                    (C) the CARES Act (Public Law 116-136); and
                    (D) the Paycheck Protection Program and Health Care 
                Enhancement Act (Public Law 116-139); and
                    (E) any other Federal statute enacted in response 
                to the COVID-19 pandemic; and
            (2) may require such reporting to be made in such form, in 
        such manner, and by such time as the Secretary determines.
    (c) Report to Congress.--Not later than 90 days after the date of 
enactment of this Act, Secretary shall submit a report on the status of 
data collection under this section and any initial findings and 
conclusions resulting from such collection to the appropriate 
congressional committees, including--
            (1) the Committee on Appropriations and the Committee on 
        Energy and Commerce of the House of Representatives; and
            (2) the Committee on Appropriations and the Committee on 
        Health, Education, Labor, and Pensions of the Senate.
    (d) Definition.--In this section, the term ``COVID-19 emergency 
period'' has the meaning given to the term ``emergency period'' in 
section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-
5(g)(1)(B)).

SEC. 3. CDC STUDY ON LONG-TERM IMPACT OF COVID-19.

    Not later than 200 days after the date of the enactment of this 
Act, the Director of the Centers for Disease Control and Prevention 
shall submit to the appropriate Committees of Congress, including the 
Committees described under section 2(c), a report containing the 
results of a study on the long-term health impacts of COVID-19, 
including the potential to cause a disability (as defined in section 
3(1) of the Americans with Disabilities Act of 1990 (42 U.S.C. 
12102(1))).

SEC. 4. COVID-19 FRONTLINE HEALTHCARE HEROES SURVIVOR AND DISABILITY 
              BENEFITS PROGRAM.

    (a) Filing Claim.--
            (1) In general.--The Assistant Attorney General of the 
        Civil Division of the Department of Justice shall establish and 
        implement the COVID-19 Frontline Healthcare Heroes Survivor and 
        Disability Benefits Compensation Program, under which a 
        claimant may file a claim for compensation for death or 
        disability related to COVID-19 with the Assistant Attorney 
        General by mail or on an online portal created by the Assistant 
        Attorney General.
            (2) Website.--The Assistant Attorney General of the Civil 
        Division of the Department of Justice shall publish on the 
        Department of Justice website instructions for submitting a 
        claim for compensation under this section.
    (b) Eligibility.--The following claimants shall be eligible to 
receive compensation under this section:
            (1) A claimant who was a frontline healthcare worker at the 
        time that the claimant received a COVID-19 diagnosis or in the 
        45-day period before such diagnosis.
            (2) In the case that the frontline healthcare worker is 
        deceased, a survivor of a frontline healthcare worker described 
        in paragraph (1) in the following order of precedence:
                    (A) The surviving spouse of the frontline 
                healthcare worker described in paragraph (1) if the 
                spouse was married to the claimant for at least 1 year 
                before the frontline healthcare worker's death.
                    (B) If there is no person meeting the requirements 
                of subparagraph (A), the children of the frontline 
                healthcare worker described in paragraph (1), in equal 
                shares.
                    (C) If there is no person meeting the requirements 
                of subparagraph (A) or (B), the parents of the 
                frontline healthcare worker described in paragraph (1), 
                in equal shares.
                    (D) If there is no person meeting the requirements 
                of subparagraph (A), (B), or (C), the grandchildren of 
                the frontline healthcare worker described in paragraph 
                (1), in equal shares.
                    (E) If there is no person meeting the requirements 
                of subparagraph (A), (B), (C), or (D), the grandparents 
                of the frontline healthcare worker described in 
                paragraph (1), in equal shares.
                    (F) If there is no person meeting the requirements 
                of subparagraph (A), (B), (C), (D), or (E), the person 
                designated on a life insurance policy of the frontline 
                healthcare worker described in paragraph (1).
    (c) Necessary Documentation.--A claim filed under this section 
shall include--
            (1) evidence of employment as a frontline healthcare worker 
        during the time that COVID-19 was diagnosed or during the 45-
        day period before such diagnosis;
            (2) a medical statement of a COVID-19 diagnosis, whether 
        confirmed by a test or a presumptive diagnosis by a qualified 
        medical professional, and confirmation that death or disability 
        was from COVID-19 or connected to complications due to SARS-
        CoV-2; and
            (3) in the case of a claim for a death benefit, the death 
        certificate of a frontline worker, or in the case of a claim 
        for a disability benefit, evidence of total and permanent 
        disability as a result of COVID-19 or connected to 
        complications due to SARS-CoV-2.
    (d) Review Claim.--Not later than 90 days after a claim is 
submitted under subsection (a), such claim shall be reviewed to 
determine whether the claimant is eligible to receive compensation 
under this section.
    (e) Amounts.--A claimant who is eligible to receive compensation 
under this section shall receive a one-time lump sum payment of 
$365,670 not later than 90 days after the claimant is determined to be 
eligible to receive compensation under this section. Any compensation 
received under this section shall not preclude the claimant from 
receiving any collateral source compensation to which the claimant is 
entitled.
    (f) Appeals.--
            (1) Appeals officer.--The Assistant Attorney General of the 
        Civil Division of the Department of Justice shall appoint 
        appeals officers to review appeals made pursuant to paragraph 
        (2).
            (2) Appealing denial.--In the case that a claim under this 
        section is denied, a claimant may file an appeal of such denial 
        with an appeals officer not later than 60 days after such 
        denial.
            (3) Review.--In reviewing an appeal, an appeals officer 
        may--
                    (A) grant compensation under this section;
                    (B) deny compensation under this section; or
                    (C) send the claim to the Assistant Attorney 
                General of the Civil Division of the Department of 
                Justice for further review, including for the purpose 
                of collecting additional evidence.
    (g) No Federal Tax or COLA.--Any payment made to a claimant under 
this section shall not be subject to any Federal tax or cost of living 
adjustment.
    (h) Final Agency Action.--A decision by an appeals officer shall be 
considered a final agency action for purposes of judicial review.
    (i) Payment of Medical Education Loans Not Discharged Upon Death.--
            (1) In general.--A claimant who is eligible to receive 
        compensation under subsection (b)(2) shall also be eligible to 
        have the Assistant Attorney General of the Civil Division of 
        the Department of Justice pay off any private medical education 
        loan of the frontline healthcare worker that was not discharged 
        upon the death of the worker.
            (2) Filing of claim.--A claimant may apply for the payment 
        of a medical education loan under this subsection by including 
        such request in a claim filed under subsection (a), along with 
        such documentation as the Attorney General may require.
            (3) Payment separate from compensation amount.--The amount 
        of any payment made under paragraph (1) shall be in addition to 
        the amount described under subsection (e).
            (4) Definition of private medical education loan.--In this 
        subsection, the term ``private medical education loan'' means a 
        private education loan (as defined under section 140(a) of the 
        Truth in Lending Act) issued with respect to a medical 
        education.
    (j) Rulemaking.--Not later than 180 days after the date of 
enactment of this Act, the Attorney General shall issue rules to 
implement this section, including rules on the process for determining 
disability status.
    (k) Effective Period.--This section shall take effect on the date 
that is 180 days after the date of enactment of this Act and shall 
cease to be effective 5 years after such date.
    (l) Definition.--In this section:
            (1) Assistant attorney general of the civil division of the 
        department of justice.--The term ``Assistant Attorney General 
        of the Civil Division of the Department of Justice'' means the 
        Attorney General, acting through the Assistant Attorney General 
        of the Civil Division of the Department of Justice.
            (2) Collateral source compensation.--The term ``collateral 
        source'' means all collateral sources, including life 
        insurance, pension funds, or any other death or disability 
        benefit program or payment for which the individual is 
        eligible.
            (3) Disability.--The term ``disability'' means, with 
        respect to an individual, that such individual has a condition, 
        the direct and proximate consequences of which permanently 
        prevent the individual from performing any gainful work.
            (4) Frontline healthcare worker.--The term ``frontline 
        healthcare worker'' means--
                    (A) all employees of healthcare facilities, nursing 
                homes, and long-term care facilities and emergency care 
                providers, including paramedics and medical personnel 
                who transport patients to the hospital; and
                    (B) the contractors who are physically present at 
                such facilities.
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