Section 1 Short title
This Act may be cited as the “Justice for Victims of COVID Act”.
Justice for Victims of COVID Act
A BILL
To establish a COVID–19 Victims Compensation Program, and for other purposes.
Sec. 2 Findings
The Congress finds as follows:
According to the Centers for Disease Control and Prevention, the COVID–19 pandemic has killed more than 1 million Americans.
The People’s Republic of China showed willful disregard and indifference toward the life, welfare, safety, and rights of Americans by—
concealing vital medical and scientific data from the World Health Organization;
suppressing crucial information that should have been shared with international health authorities;
arresting and silencing whistleblowers;
denying human-to-human transmission in the face of mounting evidence;
destroying evidence; and
continuing international air traffic out of Wuhan, the virus’s epicenter, despite a domestic travel lockdown.
Sec. 3 COVID–19 Victims Compensation Fund
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).
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.
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
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.
Petitions—
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—
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
the name and contact information of each eligible survivor of such eligible deceased individual.
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.
Payment of compensation—
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—
in the case of 1 eligible survivor, the amount described in paragraph (2) to such eligible survivor; or
in the case of multiple eligible survivors, the amount described in paragraph (2) divided equally among such eligible survivors.
Amount— The amount described in this paragraph is the total of—
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
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.
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.
Judicial review—
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.
Cause of action for improper exclusion—
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).
Amount— The amount described in this subparagraph is—
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—
the equal share of compensation that the plaintiff would have received under subsection (c)(1), if included on the petition; and
any applicable attorney’s fees and reasonable court costs; or
in any other case, such equal share of compensation.
Definitions— In this section:
Eligible deceased individual— The term eligible deceased individual means an individual who—
is deceased; and
at the time of death, was a citizen of the United States.
Eligible survivor— The term eligible survivor means, as of the time of submitting a petition under subsection (b)—
the surviving spouse of the eligible deceased individual;
if there is no surviving spouse, the surviving children of the eligible deceased individual; and
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
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.
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.