S. 4317 — Safe to Work Act (is) — Full Bill Text

Record facts

Full text

II 
116TH CONGRESS 
2D SESSION 
S. 4317 
To lessen the burdens on interstate commerce by discouraging insubstantial 
lawsuits relating to COVID–19 while preserving the ability of individuals 
and businesses that have suffered real injury to obtain complete relief. 
IN THE SENATE OF THE UNITED STATES 
JULY 27, 2020 
Mr. CORNYN (for himself and Mr. MCCONNELL) introduced the following bill; 
which was read twice and referred to the Committee on the Judiciary 
A BILL 
To lessen the burdens on interstate commerce by discour-
aging insubstantial lawsuits relating to COVID–19 while 
preserving the ability of individuals and businesses that 
have suffered real injury to obtain complete relief. 
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled, 
2
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
3
(a) SHORT TITLE.—This Act may be cited as the 
4
‘‘Safeguarding America’s Frontline Employees To Offer 
5
Work Opportunities Required to Kickstart the Economy 
6
Act’’ or the ‘‘SAFE TO WORK Act’’. 
7
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

2 
•S 4317 IS
(b) TABLE OF CONTENTS.—The table of contents for 
1
this Act is as follows: 
2
Sec. 1. Short title; table of contents. 
Sec. 2. Findings and purposes. 
Sec. 3. Definitions. 
TITLE I—LIABILITY RELIEF 
Subtitle A—Liability Limitations for Individuals and Entities Engaged in 
Businesses, Services, Activities, or Accommodations 
Sec. 121. Application of subtitle. 
Sec. 122. Liability; safe harbor. 
Subtitle B—Liability Limitations for Health Care Providers 
Sec. 141. Application of subtitle. 
Sec. 142. Liability for health care professionals and health care facilities during 
coronavirus public health emergency. 
Subtitle C—Substantive and Procedural Provisions for Coronavirus-related 
Actions Generally 
Sec. 161. Jurisdiction. 
Sec. 162. Limitations on suits. 
Sec. 163. Procedures for suit in district courts of the United States. 
Sec. 164. Demand letters; cause of action. 
Subtitle D—Relation to Labor and Employment Laws 
Sec. 181. Limitation on violations under specific laws. 
Sec. 182. Liability for conducting testing at workplace. 
Sec. 183. Joint employment and independent contracting. 
Sec. 184. Exclusion of certain notification requirements as a result of the 
COVID–19 public health emergency. 
TITLE II—PRODUCTS 
Sec. 201. Applicability of the targeted liability protections for pandemic and 
epidemic products and security countermeasures with respect 
to COVID–19. 
TITLE III—GENERAL PROVISIONS 
Sec. 301. Severability. 
SEC. 2. FINDINGS AND PURPOSES. 
3
(a) FINDINGS.—Congress finds the following: 
4
(1) The SARS–CoV–2 virus that originated in 
5
China and causes the disease COVID–19 has caused 
6
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

3 
•S 4317 IS
untold misery and devastation throughout the world, 
1
including in the United States. 
2
(2) For months, frontline health care workers 
3
and health care facilities have fought the virus with 
4
courage and resolve. They did so at first with very 
5
little information about how to treat the virus and 
6
developed strategies to save lives of the people of the 
7
United States in real time. They risked their per-
8
sonal health and wellbeing to protect and treat their 
9
patients. 
10
(3) Businesses in the United States kicked into 
11
action to produce and procure personal protective 
12
equipment, such as masks, gloves, face shields, and 
13
hand sanitizer, and other necessary medical supplies, 
14
such as ventilators, at unprecedented rates. 
15
(4) To halt the spread of the disease, State and 
16
local governments took drastic measures. They shut 
17
down small and large businesses, schools, colleges 
18
and universities, religious, philanthropic and other 
19
nonprofit institutions, and local government agen-
20
cies. They ordered people to remain in their homes. 
21
(5) This standstill was needed to slow the 
22
spread of the virus. But it devastated the economy 
23
of the United States. The sum of hundreds of local- 
24
level and State-level decisions to close nearly every 
25
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

4 
•S 4317 IS
space in which people might gather brought inter-
1
state commerce nearly to a halt. 
2
(6) This halt led to the loss of millions of jobs. 
3
These lost jobs were not a natural consequence of 
4
the economic environment, but rather the result of 
5
a drastic, though temporary, response to the unprec-
6
edented nature of this global pandemic. 
7
(7) Congress passed a series of statutes to ad-
8
dress the health care and economic crises—the 
9
Coronavirus Preparedness and Response Supple-
10
mental Appropriations Act, 2020 (Public Law 116– 
11
123; 134 Stat. 146), the Families First Coronavirus 
12
Response Act (Public Law 116–127; 134 Stat. 178), 
13
the Coronavirus Aid, Relief, and Economic Security 
14
Act or the CARES Act (Public Law 116–136), and 
15
the Paycheck Protection Program and Health Care 
16
Enhancement Act (Public Law 116–139; 134 Stat. 
17
620). In these laws Congress exercised its power 
18
under the Commerce and Spending Clauses of the 
19
Constitution of the United States to direct trillions 
20
of taxpayer dollars toward efforts to aid workers, 
21
businesses, State and local governments, health care 
22
workers, and patients. 
23
(8) This legislation provided short-term insula-
24
tion from the worst of the economic storm, but these 
25
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

5 
•S 4317 IS
laws alone cannot protect the United States from 
1
further devastation. Only reopening the economy so 
2
that workers can get back to work and students can 
3
get back to school can accomplish that goal. 
4
(9) The Constitution of the United States spe-
5
cifically enumerates the legislative powers of Con-
6
gress. One of those powers is the regulation of inter-
7
state commerce. The Government is not a substitute 
8
for the economy, but it has the authority and the 
9
duty to act when interstate commerce is threatened 
10
and damaged. As applied to the present crisis, Con-
11
gress can deploy its power over interstate commerce 
12
to promote a prudent reopening of businesses and 
13
other organizations that serve as the foundation and 
14
backbone of the national economy and of commerce 
15
among the States. These include small and large 
16
businesses, schools (which are substantial employers 
17
in their own right and provide necessary services to 
18
enable parents and other caregivers to return to 
19
work), colleges and universities (which are substan-
20
tial employers and supply the interstate market for 
21
higher-education services), religious, philanthropic 
22
and other nonprofit institutions (which are substan-
23
tial employers and provide necessary services to their 
24
communities), and local government agencies. 
25
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

6 
•S 4317 IS
(10) Congress must also ensure that the Na-
1
tion’s health care workers and health care facilities 
2
are able to act fully to defeat the virus. 
3
(11) Congress must also safeguard its invest-
4
ment of taxpayer dollars under the CARES Act and 
5
other coronavirus legislation. Congress must ensure 
6
that those funds are used to help businesses and 
7
workers survive and recover from the economic cri-
8
sis, and to help health care workers and health care 
9
facilities defeat the virus. CARES Act funds cannot 
10
be diverted from these important purposes to line 
11
the pockets of the trial bar. 
12
(12) One of the chief impediments to the con-
13
tinued flow of interstate commerce as this public- 
14
health crisis has unfolded is the risk of litigation. 
15
Small and large businesses, schools, colleges and 
16
universities, religious, philanthropic and other non-
17
profit institutions, and local government agencies 
18
confront the risk of a tidal wave of lawsuits accusing 
19
them of exposing employees, customers, students, 
20
and worshipers to coronavirus. Health care workers 
21
face the threat of lawsuits arising from their efforts 
22
to fight the virus. 
23
(13) They confront this litigation risk even as 
24
they work tirelessly to comply with the coronavirus 
25
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

7 
•S 4317 IS
guidance, rules, and regulations issued by local gov-
1
ernments, State governments, and the Federal Gov-
2
ernment. They confront this risk notwithstanding 
3
equipment and staffing shortages. And they confront 
4
this risk while also grappling with constantly chang-
5
ing information on how best to protect employees, 
6
customers, students, and worshipers from the virus, 
7
and how best to treat it. 
8
(14) These lawsuits pose a substantial risk to 
9
interstate commerce because they threaten to keep 
10
small and large businesses, schools, colleges and uni-
11
versities, religious, philanthropic and other nonprofit 
12
institutions, and local government agencies from re-
13
opening for fear of expensive litigation that might 
14
prove to be meritless. These lawsuits further threat-
15
en to undermine the Nation’s fight against the virus 
16
by exposing our health care workers and health care 
17
facilities to liability for difficult medical decisions 
18
they have made under trying and uncertain cir-
19
cumstances. 
20
(15) These lawsuits also risk diverting taxpayer 
21
money provided under the CARES Act and other 
22
coronavirus legislation from its intended purposes to 
23
the pockets of opportunistic trial lawyers. 
24
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

8 
•S 4317 IS
(16) This risk is not purely local. It is nec-
1
essarily national in scale. A patchwork of local and 
2
State rules governing liability in coronavirus-related 
3
lawsuits creates tremendous unpredictability for ev-
4
eryone participating in interstate commerce and acts 
5
as a significant drag on national recovery. The ag-
6
gregation of each individual potential liability risk 
7
poses a substantial and unprecedented threat to 
8
interstate commerce. 
9
(17) The accumulated economic risks for these 
10
potential defendants directly and substantially af-
11
fects interstate commerce. Individuals and entities 
12
potentially subject to coronavirus-related liability will 
13
structure their decisionmaking to avoid that liability. 
14
Small and large businesses, schools, colleges and 
15
universities, religious, philanthropic and other non-
16
profit institutions, and local government agencies 
17
may decline to reopen because of the risk of litiga-
18
tion. They may limit their output or engagement 
19
with customers and communities to avoid the risk of 
20
litigation. These individual economic decisions sub-
21
stantially affect interstate commerce because, as a 
22
whole, they will prevent the free and fair exchange 
23
of goods and services across State lines. Such eco-
24
nomic activity that, individually and in the aggre-
25
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

9 
•S 4317 IS
gate, substantially affects interstate commerce is 
1
precisely the sort of conduct that should be subject 
2
to congressional regulation. 
3
(18) Lawsuits against health care workers and 
4
facilities pose a similarly dangerous risk to interstate 
5
commerce. Interstate commerce will not truly re-
6
bound from this crisis until the virus is defeated, 
7
and that will not happen unless health care workers 
8
and facilities are free to combat vigorously the virus 
9
and treat patients with coronavirus and those other-
10
wise impacted by the response to coronavirus. 
11
(19) Subjecting health care workers and facili-
12
ties to onerous litigation even as they have done 
13
their level best to combat a virus about which very 
14
little was known when it arrived in the United 
15
States would divert important health care resources 
16
from hospitals and providers to courtrooms. 
17
(20) Such a diversion would substantially affect 
18
interstate commerce by degrading the national ca-
19
pacity for combating the virus and saving patients, 
20
thereby substantially elongating the period before 
21
interstate commerce could fully re-engage. 
22
(21) Congress also has the authority to deter-
23
mine the jurisdiction of the courts of the United 
24
States, to set the standards for causes of action they 
25
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

10 
•S 4317 IS
can hear, and to establish the rules by which those 
1
causes of action should proceed. Congress therefore 
2
must act to set rules governing liability in 
3
coronavirus-related lawsuits. 
4
(22) These rules necessarily must be temporary 
5
and carefully tailored to the interstate crisis caused 
6
by the coronavirus pandemic. They must extend no 
7
further than necessary to meet this uniquely na-
8
tional crisis for which a patchwork of State and local 
9
tort laws are ill-suited. 
10
(23) Because of the national scope of the eco-
11
nomic and health care dangers posed by the risks of 
12
coronavirus-related lawsuits, establishing temporary 
13
rules governing liability for certain coronavirus-re-
14
lated tort claims is a necessary and proper means of 
15
carrying into execution Congress’s power to regulate 
16
commerce among the several States. 
17
(24) Because Congress must safeguard the in-
18
vestment of taxpayer dollars it made in the CARES 
19
Act and other coronavirus legislation, and ensure 
20
that they are used for their intended purposes and 
21
not diverted for other purposes, establishing tem-
22
porary 
rules 
governing 
liability 
for 
certain 
23
coronavirus-related tort claims is a necessary and 
24
proper means of carrying into execution Congress’s 
25
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

11 
•S 4317 IS
power to provide for the general welfare of the 
1
United States. 
2
(b) PURPOSES.—Pursuant to the powers delegated to 
3
Congress by article I, section 8, clauses 1, 3, 9, and 18, 
4
and article III, section 2, clause 1 of the Constitution of 
5
the United States, the purposes of this Act are to— 
6
(1) establish necessary and consistent standards 
7
for litigating certain claims specific to the unique 
8
coronavirus pandemic; 
9
(2) prevent the overburdening of the court sys-
10
tems with undue litigation; 
11
(3) encourage planning, care, and appropriate 
12
risk management by small and large businesses, 
13
schools, colleges and universities, religious, philan-
14
thropic and other nonprofit institutions, local gov-
15
ernment agencies, and health care providers; 
16
(4) ensure that the Nation’s recovery from the 
17
coronavirus economic crisis is not burdened or 
18
slowed by the substantial risk of litigation; 
19
(5) prevent litigation brought to extract settle-
20
ments and enrich trial lawyers rather than vindicate 
21
meritorious claims; 
22
(6) protect interstate commerce from the bur-
23
dens of potentially meritless litigation; 
24
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

12 
•S 4317 IS
(7) ensure the economic recovery proceeds with-
1
out artificial and unnecessary delay; 
2
(8) protect the interests of the taxpayers by en-
3
suring that emergency taxpayer support continues to 
4
aid businesses, workers, and health care providers 
5
rather than enrich trial lawyers; and 
6
(9) protect the highest and best ideals of the 
7
national economy, so businesses can produce and 
8
serve their customers, workers can work, teachers 
9
can teach, students can learn, and believers can wor-
10
ship. 
11
SEC. 3. DEFINITIONS. 
12
In this Act: 
13
(1) APPLICABLE
GOVERNMENT
STANDARDS 
14
AND GUIDANCE.—The term ‘‘applicable government 
15
standards and guidance’’ means— 
16
(A) any mandatory standards or regula-
17
tions specifically concerning the prevention or 
18
mitigation of the transmission of coronavirus 
19
issued by the Federal Government, or a State 
20
or local government with jurisdiction over an in-
21
dividual or entity, whether provided by execu-
22
tive, judicial, or legislative order; and 
23
(B) with respect to an individual or entity 
24
that, at the time of the actual, alleged, feared, 
25
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

13 
•S 4317 IS
or potential for exposure to coronavirus is not 
1
subject to any mandatory standards or regula-
2
tions described in subparagraph (A), any guid-
3
ance, standards, or regulations specifically con-
4
cerning the prevention or mitigation of the 
5
transmission of coronavirus issued by the Fed-
6
eral Government, or a State or local govern-
7
ment with jurisdiction over the individual or en-
8
tity. 
9
(2) BUSINESSES, SERVICES, ACTIVITIES, OR AC-
10
COMMODATIONS.—The term ‘‘businesses, services, 
11
activities, or accommodations’’ means any act by an 
12
individual or entity, irrespective of whether the act 
13
is carried on for profit, that is interstate or foreign 
14
commerce, that involves persons or things in inter-
15
state or foreign commerce, that involves the channels 
16
or instrumentalities of interstate or foreign com-
17
merce, that substantially affects interstate or foreign 
18
commerce, or that is otherwise an act subject to reg-
19
ulation by Congress as necessary and proper to 
20
carry into execution Congress’s powers to regulate 
21
interstate or foreign commerce or to spend funds for 
22
the general welfare. 
23
(3) CORONAVIRUS.—The term ‘‘coronavirus’’ 
24
means any disease, health condition, or threat of 
25
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

14 
•S 4317 IS
harm caused by the SARS–CoV–2 virus or a virus 
1
mutating therefrom. 
2
(4) CORONAVIRUS EXPOSURE ACTION.— 
3
(A) IN GENERAL.—The term ‘‘coronavirus 
4
exposure action’’ means a civil action— 
5
(i) brought by a person who suffered 
6
personal injury or is at risk of suffering 
7
personal injury, or a representative of a 
8
person who suffered personal injury or is 
9
at risk of suffering personal injury; 
10
(ii) brought against an individual or 
11
entity engaged in businesses, services, ac-
12
tivities, or accommodations; and 
13
(iii) alleging that an actual, alleged, 
14
feared, or potential for exposure to 
15
coronavirus caused the personal injury or 
16
risk of personal injury, that— 
17
(I) occurred in the course of the 
18
businesses, services, activities, or ac-
19
commodations of the individual or en-
20
tity; and 
21
(II) occurred— 
22
(aa) on or after December 1, 
23
2019; and 
24
(bb) before the later of— 
25
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

15 
•S 4317 IS
(AA) October 1, 2024; 
1
or 
2
(BB) the date on which 
3
there is no declaration by 
4
the Secretary of Health and 
5
Human Services under sec-
6
tion 319F–3(b) of the Pub-
7
lic Health Service Act (42 
8
U.S.C. 247d–6d(b)) (relat-
9
ing 
to 
medical 
counter-
10
measures) that is in effect 
11
with respect to coronavirus, 
12
including 
the 
Declaration 
13
Under the Public Readiness 
14
and Emergency Prepared-
15
ness Act for Medical Coun-
16
termeasures 
Against 
17
COVID–19 (85 Fed. Reg. 
18
15198) issued by the Sec-
19
retary of Health and Human 
20
Services on March 17, 2020. 
21
(B) EXCLUSIONS.—The term ‘‘coronavirus 
22
exposure action’’ does not include— 
23
(i) a criminal, civil, or administrative 
24
enforcement action brought by the Federal 
25
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

16 
•S 4317 IS
Government or any State, local, or Tribal 
1
government; or 
2
(ii) a claim alleging intentional dis-
3
crimination on the basis of race, color, na-
4
tional origin, religion, sex (including preg-
5
nancy), disability, genetic information, or 
6
age. 
7
(5) 
CORONAVIRUS-RELATED
ACTION.—The 
8
term 
‘‘coronavirus-related 
action’’ 
means 
a 
9
coronavirus exposure action or a coronavirus-related 
10
medical liability action. 
11
(6) 
CORONAVIRUS-RELATED
HEALTH
CARE 
12
SERVICES.—The term ‘‘coronavirus-related health 
13
care services’’ means services provided by a health 
14
care provider, regardless of the location where the 
15
services are provided, that relate to— 
16
(A) the diagnosis, prevention, or treatment 
17
of coronavirus; 
18
(B) the assessment or care of an individual 
19
with 
a 
confirmed 
or 
suspected 
case 
of 
20
coronavirus; or 
21
(C) the care of any individual who is ad-
22
mitted to, presents to, receives services from, or 
23
resides at, a health care provider for any pur-
24
pose during the period of a Federal emergency 
25
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

17 
•S 4317 IS
declaration concerning coronavirus, if such pro-
1
vider’s decisions or activities with respect to 
2
such individual are impacted as a result of 
3
coronavirus. 
4
(7) CORONAVIRUS-RELATED
MEDICAL
LIABIL-
5
ITY ACTION.— 
6
(A) IN GENERAL.—The term ‘‘coronavirus- 
7
related medical liability action’’ means a civil 
8
action— 
9
(i) brought by a person who suffered 
10
personal injury, or a representative of a 
11
person who suffered personal injury; 
12
(ii) brought against a health care pro-
13
vider; and 
14
(iii) alleging any harm, damage, 
15
breach, or tort resulting in the personal in-
16
jury alleged to have been caused by, be 
17
arising out of, or be related to a health 
18
care provider’s act or omission in the 
19
course of arranging for or providing 
20
coronavirus-related health care services 
21
that occurred— 
22
(I) on or after December 1, 
23
2019; and 
24
(II) before the later of— 
25
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

18 
•S 4317 IS
(aa) October 1, 2024; or 
1
(bb) the date on which there 
2
is no declaration by the Secretary 
3
of Health and Human Services 
4
under section 319F–3(b) of the 
5
Public Health Service Act (42 
6
U.S.C. 247d–6d(b)) (relating to 
7
covered countermeasures) that is 
8
in 
effect 
with 
respect 
to 
9
coronavirus, including the Dec-
10
laration Under the Public Readi-
11
ness and Emergency Prepared-
12
ness Act for Medical Counter-
13
measures Against COVID–19 (85 
14
Fed. Reg. 15198) issued by the 
15
Secretary of Health and Human 
16
Services on March 17, 2020. 
17
(B) 
EXCLUSIONS.—The 
term 
18
‘‘coronavirus-related medical liability action’’ 
19
does not include— 
20
(i) a criminal, civil, or administrative 
21
enforcement action brought by the Federal 
22
Government or any State, local, or Tribal 
23
government; or 
24
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

19 
•S 4317 IS
(ii) a claim alleging intentional dis-
1
crimination on the basis of race, color, na-
2
tional origin, religion, sex (including preg-
3
nancy), disability, genetic information, or 
4
age. 
5
(8) EMPLOYER.—The term ‘‘employer’’— 
6
(A) means any person serving as an em-
7
ployer or acting directly in the interest of an 
8
employer in relation to an employee; 
9
(B) includes a public agency; and 
10
(C) does not include any labor organization 
11
(other than when acting as an employer) or any 
12
person acting in the capacity of officer or agent 
13
of such labor organization. 
14
(9) GOVERNMENT.—The term ‘‘government’’ 
15
means an agency, instrumentality, or other entity of 
16
the Federal Government, a State government (in-
17
cluding multijurisdictional agencies, instrumental-
18
ities, and entities), a local government, or a Tribal 
19
government. 
20
(10) GROSS
NEGLIGENCE.—The term ‘‘gross 
21
negligence’’ means a conscious, voluntary act or 
22
omission in reckless disregard of— 
23
(A) a legal duty; 
24
(B) the consequences to another party; and 
25
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

20 
•S 4317 IS
(C) applicable government standards and 
1
guidance. 
2
(11) HARM.—The term ‘‘harm’’ includes— 
3
(A) physical and nonphysical contact that 
4
results in personal injury to an individual; and 
5
(B) economic and noneconomic losses. 
6
(12) HEALTH CARE PROVIDER.— 
7
(A) IN GENERAL.—The term ‘‘health care 
8
provider’’ means any person, including an 
9
agent, volunteer (subject to subparagraph (C)), 
10
contractor, employee, or other entity, who is— 
11
(i) required by Federal or State law to 
12
be licensed, registered, or certified to pro-
13
vide health care and is so licensed, reg-
14
istered, or certified (or is exempt from any 
15
such requirement); 
16
(ii) otherwise authorized by Federal or 
17
State law to provide care (including serv-
18
ices and supports furnished in a home or 
19
community-based residential setting under 
20
the State Medicaid program or a waiver of 
21
that program); or 
22
(iii) considered under applicable Fed-
23
eral or State law to be a health care pro-
24
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

21 
•S 4317 IS
vider, health care professional, health care 
1
institution, or health care facility. 
2
(B) INCLUSION OF ADMINISTRATORS, SU-
3
PERVISORS, ETC.—The term ‘‘health care pro-
4
vider’’ includes a health care facility adminis-
5
trator, executive, supervisor, board member or 
6
trustee, or another individual responsible for di-
7
recting, supervising, or monitoring the provision 
8
of coronavirus-related health care services in a 
9
comparable role. 
10
(C) INCLUSION
OF
VOLUNTEERS.—The 
11
term ‘‘health care provider’’ includes volunteers 
12
that meet the following criteria: 
13
(i) The volunteer is a health care pro-
14
fessional 
providing 
coronavirus-related 
15
health care services. 
16
(ii) The act or omission by the volun-
17
teer occurs— 
18
(I) in the course of providing 
19
health care services; 
20
(II) in the health care profes-
21
sional’s capacity as a volunteer; 
22
(III) in the course of providing 
23
health care services that— 
24
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

22 
•S 4317 IS
(aa) are within the scope of 
1
the license, registration, or cer-
2
tification of the volunteer, as de-
3
fined by the State of licensure, 
4
registration, or certification; and 
5
(bb) do not exceed the scope 
6
of license, registration, or certifi-
7
cation of a substantially similar 
8
health professional in the State 
9
in which such act or omission oc-
10
curs; and 
11
(IV) in a good-faith belief that 
12
the individual being treated is in need 
13
of health care services. 
14
(13) INDIVIDUAL OR ENTITY.—The term ‘‘indi-
15
vidual or entity’’ means— 
16
(A) any natural person, corporation, com-
17
pany, trade, business, firm, partnership, joint 
18
stock company, educational institution, labor 
19
organization, or similar organization or group 
20
of organizations; 
21
(B) any nonprofit organization, foundation, 
22
society, or association organized for religious, 
23
charitable, educational, or other purposes; or 
24
(C) any State, Tribal, or local government. 
25
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

23 
•S 4317 IS
(14) LOCAL
GOVERNMENT.—The term ‘‘local 
1
government’’ means any unit of government within 
2
a State, including a— 
3
(A) county; 
4
(B) borough; 
5
(C) municipality; 
6
(D) city; 
7
(E) town; 
8
(F) township; 
9
(G) parish; 
10
(H) local public authority, including any 
11
public housing agency under the United States 
12
Housing Act of 1937 (42 U.S.C. 1437 et seq.); 
13
(I) special district; 
14
(J) school district; 
15
(K) intrastate district; 
16
(L) council of governments, whether or not 
17
incorporated as a nonprofit corporation under 
18
State law; and 
19
(M) agency or instrumentality of— 
20
(i) multiple units of local government 
21
(including units of local government lo-
22
cated in different States); or 
23
(ii) an intra-State unit of local gov-
24
ernment. 
25
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

24 
•S 4317 IS
(15) MANDATORY.—The term ‘‘mandatory’’, 
1
with respect to standards or regulations, means the 
2
standards or regulations are themselves enforceable 
3
by the issuing government through criminal, civil, or 
4
administrative action. 
5
(16) PERSONAL INJURY.—The term ‘‘personal 
6
injury’’— 
7
(A) means actual or potential physical in-
8
jury to an individual or death caused by a phys-
9
ical injury; and 
10
(B) includes mental suffering, emotional 
11
distress, or similar injuries suffered by an indi-
12
vidual in connection with a physical injury. 
13
(17) STATE.—The term ‘‘State’’— 
14
(A) means any State of the United States, 
15
the District of Columbia, the Commonwealth of 
16
Puerto Rico, the Northern Mariana Islands, the 
17
United States Virgin Islands, Guam, American 
18
Samoa, and any other territory or possession of 
19
the United States, and any political subdivision 
20
or instrumentality thereof; and 
21
(B) includes any agency or instrumentality 
22
of 2 or more of the entities described in sub-
23
paragraph (A). 
24
(18) TRIBAL GOVERNMENT.— 
25
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

25 
•S 4317 IS
(A) IN GENERAL.—The term ‘‘Tribal gov-
1
ernment’’ means the recognized governing body 
2
of any Indian tribe included on the list pub-
3
lished by the Secretary of the Interior pursuant 
4
to section 104(a) of the Federally Recognized 
5
Indian Tribe List Act of 1994 (25 U.S.C. 
6
5131(a)). 
7
(B) INCLUSION.—The term ‘‘Tribal gov-
8
ernment’’ includes any subdivision (regardless 
9
of the laws and regulations of the jurisdiction 
10
in which the subdivision is organized or incor-
11
porated) of a governing body described in sub-
12
paragraph (A) that— 
13
(i) is wholly owned by that governing 
14
body; and 
15
(ii) has been delegated the right to ex-
16
ercise 1 or more substantial governmental 
17
functions of the governing body. 
18
(19) WILLFUL MISCONDUCT.—The term ‘‘will-
19
ful misconduct’’ means an act or omission that is 
20
taken— 
21
(A) intentionally to achieve a wrongful 
22
purpose; 
23
(B) knowingly without legal or factual jus-
24
tification; and 
25
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

26 
•S 4317 IS
(C) in disregard of a known or obvious risk 
1
that is so great as to make it highly probable 
2
that the harm will outweigh the benefit. 
3
TITLE I—LIABILITY RELIEF 
4
Subtitle 
A—Liability 
Limitations 
5
for Individuals and Entities En-
6
gaged in Businesses, Services, 
7
Activities, or Accommodations 
8
SEC. 121. APPLICATION OF SUBTITLE. 
9
(a) CAUSE OF ACTION; TRIBAL SOVEREIGN IMMU-
10
NITY.— 
11
(1) CAUSE OF ACTION.— 
12
(A) IN GENERAL.—This subtitle creates an 
13
exclusive cause of action for coronavirus expo-
14
sure actions. 
15
(B) LIABILITY.—A plaintiff may prevail in 
16
a coronavirus exposure action only in accord-
17
ance with the requirements of this title. 
18
(C) APPLICATION.—The provisions of this 
19
subtitle shall apply to— 
20
(i) any cause of action that is a 
21
coronavirus exposure action that was filed 
22
before the date of enactment of this Act 
23
and that is pending on such date of enact-
24
ment; and 
25
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

27 
•S 4317 IS
(ii) any coronavirus exposure action 
1
filed on or after such date of enactment. 
2
(2) PRESERVATION OF LIABILITY LIMITS AND 
3
DEFENSES.—Except as otherwise explicitly provided 
4
in this subtitle, nothing in this subtitle expands any 
5
liability otherwise imposed or limits any defense oth-
6
erwise available under Federal, State, or Tribal law. 
7
(3) IMMUNITY.—Nothing in this subtitle abro-
8
gates the immunity of any State, or waives the im-
9
munity of any Tribal government. The limitations on 
10
liability provided under this subtitle shall control in 
11
any action properly filed against a State or Tribal 
12
government pursuant to a duly executed waiver by 
13
the State or Tribe of sovereign immunity and stat-
14
ing claims within the scope of this subtitle. 
15
(b) PREEMPTION AND SUPERSEDURE.— 
16
(1) IN GENERAL.—Except as described in para-
17
graphs (2) through (6), this subtitle preempts and 
18
supersedes any Federal, State, or Tribal law, includ-
19
ing statutes, regulations, rules, or standards that are 
20
enacted, promulgated, or established under common 
21
law, related to recovery for personal injuries caused 
22
by actual, alleged, feared, or potential for exposure 
23
to coronavirus. 
24
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

28 
•S 4317 IS
(2) STRICTER LAWS NOT PREEMPTED OR SU-
1
PERSEDED.—Nothing in this subtitle shall be con-
2
strued to affect the applicability of any provision of 
3
any Federal, State, or Tribal law that imposes 
4
stricter limits on damages or liabilities for personal 
5
injury caused by, arising out of, or related to an ac-
6
tual, alleged, feared, or potential for exposure to 
7
coronavirus, or otherwise affords greater protection 
8
to defendants in any coronavirus exposure action, 
9
than are provided in this subtitle. Any such provi-
10
sion of Federal, State, or Tribal law shall be applied 
11
in addition to the requirements of this subtitle and 
12
not in lieu thereof. 
13
(3) WORKERS’ COMPENSATION LAWS NOT PRE-
14
EMPTED OR SUPERSEDED.—Nothing in this subtitle 
15
shall be construed to affect the applicability of any 
16
State or Tribal law providing for a workers’ com-
17
pensation scheme or program, or to preempt or su-
18
persede an exclusive remedy under such scheme or 
19
program. 
20
(4) ENFORCEMENT ACTIONS.—Nothing in this 
21
subtitle shall be construed to impair, limit, or affect 
22
the authority of the Federal Government, or of any 
23
State, local, or Tribal government, to bring any 
24
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

29 
•S 4317 IS
criminal, civil, or administrative enforcement action 
1
against any individual or entity. 
2
(5) DISCRIMINATION CLAIMS.—Nothing in this 
3
subtitle shall be construed to affect the applicability 
4
of any provision of any Federal, State, or Tribal law 
5
that creates a cause of action for intentional dis-
6
crimination on the basis of race, color, national ori-
7
gin, religion, sex (including pregnancy), disability, 
8
genetic information, or age. 
9
(6) MAINTENANCE AND CURE.—Nothing in this 
10
subtitle shall be construed to affect a seaman’s right 
11
to claim maintenance and cure benefits. 
12
(c) STATUTE OF LIMITATIONS.—A coronavirus expo-
13
sure action may not be commenced in any Federal, State, 
14
or Tribal government court later than 1 year after the 
15
date of the actual, alleged, feared, or potential for expo-
16
sure to coronavirus. 
17
SEC. 122. LIABILITY; SAFE HARBOR. 
18
(a) REQUIREMENTS FOR LIABILITY FOR EXPOSURE 
19
TO CORONAVIRUS.—Notwithstanding any other provision 
20
of law, and except as otherwise provided in this section, 
21
no individual or entity engaged in businesses, services, ac-
22
tivities, or accommodations shall be liable in any 
23
coronavirus exposure action unless the plaintiff can prove 
24
by clear and convincing evidence that— 
25
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

30 
•S 4317 IS
(1) in engaging in the businesses, services, ac-
1
tivities, or accommodations, the individual or entity 
2
was not making reasonable efforts in light of all the 
3
circumstances to comply with the applicable govern-
4
ment standards and guidance in effect at the time 
5
of the actual, alleged, feared, or potential for expo-
6
sure to coronavirus; 
7
(2) the individual or entity engaged in gross 
8
negligence or willful misconduct that caused an ac-
9
tual exposure to coronavirus; and 
10
(3) the actual exposure to coronavirus caused 
11
the personal injury of the plaintiff. 
12
(b) REASONABLE EFFORTS TO COMPLY.— 
13
(1) CONFLICTING
APPLICABLE
GOVERNMENT 
14
STANDARDS AND GUIDANCE.— 
15
(A) IN GENERAL.—If more than 1 govern-
16
ment to whose jurisdiction an individual or enti-
17
ty is subject issues applicable government 
18
standards and guidance, and the applicable gov-
19
ernment standards and guidance issued by 1 or 
20
more of the governments conflicts with the ap-
21
plicable government standards and guidance 
22
issued by 1 or more of the other governments, 
23
the individual or entity shall be considered to 
24
have made reasonable efforts in light of all the 
25
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

31 
•S 4317 IS
circumstances to comply with the applicable 
1
government standards and guidance for pur-
2
poses of subsection (a)(1) unless the plaintiff 
3
establishes by clear and convincing evidence 
4
that the individual or entity was not making 
5
reasonable efforts in light of all the cir-
6
cumstances to comply with any of the con-
7
flicting applicable government standards and 
8
guidance issued by any government to whose ju-
9
risdiction the individual or entity is subject. 
10
(B) EXCEPTION.—If mandatory standards 
11
and regulations constituting applicable govern-
12
ment standards and guidance issued by any 
13
government with jurisdiction over the individual 
14
or entity conflict with applicable government 
15
standards and guidance that are not mandatory 
16
and are issued by any other government with 
17
jurisdiction over the individual or entity or by 
18
the same government that issued the mandatory 
19
standards and regulations, the plaintiff may es-
20
tablish that the individual or entity did not 
21
make reasonable efforts in light of all the cir-
22
cumstances to comply with the applicable gov-
23
ernment standards and guidance for purposes 
24
of subsection (a)(1) by establishing by clear and 
25
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

32 
•S 4317 IS
convincing evidence that the individual or entity 
1
was not making reasonable efforts in light of all 
2
the circumstances to comply with the manda-
3
tory standards and regulations to which the in-
4
dividual or entity was subject. 
5
(2) WRITTEN OR PUBLISHED POLICY.— 
6
(A) IN GENERAL.—If an individual or enti-
7
ty engaged in businesses, services, activities, or 
8
accommodations maintained a written or pub-
9
lished policy on the mitigation of transmission 
10
of coronavirus at the time of the actual, alleged, 
11
feared, or potential for exposure to coronavirus 
12
that complied with, or was more protective 
13
than, the applicable government standards and 
14
guidance to which the individual or entity was 
15
subject, the individual or entity shall be pre-
16
sumed to have made reasonable efforts in light 
17
of all the circumstances to comply with the ap-
18
plicable government standards and guidance for 
19
purposes of subsection (a)(1). 
20
(B) REBUTTAL.—The plaintiff may rebut 
21
the presumption under subparagraph (A) by es-
22
tablishing that the individual or entity was not 
23
complying with the written or published policy 
24
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

33 
•S 4317 IS
at the time of the actual, alleged, feared, or po-
1
tential for exposure to coronavirus. 
2
(C) ABSENCE
OF
A
WRITTEN
OR
PUB-
3
LISHED POLICY.—The absence of a written or 
4
published policy shall not give rise to a pre-
5
sumption that the individual or entity did not 
6
make reasonable efforts in light of all the cir-
7
cumstances to comply with the applicable gov-
8
ernment standards and guidance for purposes 
9
of subsection (a)(1). 
10
(3) 
TIMING.—For 
purposes 
of 
subsection 
11
(a)(1), a change to a policy or practice by an indi-
12
vidual or entity before or after the actual, alleged, 
13
feared, or potential for exposure to coronavirus, shall 
14
not be evidence of liability for the actual, alleged, 
15
feared, or potential for exposure to coronavirus. 
16
(c) THIRD PARTIES.—No individual or entity shall be 
17
held liable in a coronavirus exposure action for the acts 
18
or omissions of a third party, unless— 
19
(1) the individual or entity had an obligation 
20
under general common law principles to control the 
21
acts or omissions of the third party; or 
22
(2) the third party was an agent of the indi-
23
vidual or entity. 
24
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

34 
•S 4317 IS
(d) MITIGATION.—Changes to the policies, practices, 
1
or procedures of an individual or entity for complying with 
2
the applicable government standards and guidance after 
3
the time of the actual, alleged, feared, or potential for ex-
4
posure to coronavirus, shall not be considered evidence of 
5
liability or culpability. 
6
Subtitle B—Liability Limitations 
7
for Health Care Providers 
8
SEC. 141. APPLICATION OF SUBTITLE. 
9
(a) IN GENERAL.— 
10
(1) CAUSE OF ACTION.— 
11
(A) IN GENERAL.—This subtitle creates an 
12
exclusive cause of action for coronavirus-related 
13
medical liability actions. 
14
(B) LIABILITY.—A plaintiff may prevail in 
15
a coronavirus-related medical liability action 
16
only in accordance with the requirements of this 
17
title. 
18
(C) APPLICATION.—The provisions of this 
19
subtitle shall apply to— 
20
(i) any cause of action that is a 
21
coronavirus-related medical liability action 
22
that was filed before the date of enactment 
23
of this Act and that is pending on such 
24
date of enactment; and 
25
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

35 
•S 4317 IS
(ii) any coronavirus-related medical li-
1
ability action filed on or after such date of 
2
enactment. 
3
(2) PRESERVATION OF LIABILITY LIMITS AND 
4
DEFENSES.—Except as otherwise explicitly provided 
5
in this subtitle, nothing in this subtitle expands any 
6
liability otherwise imposed or limits any defense oth-
7
erwise available under Federal, State, or Tribal law. 
8
(3) IMMUNITY.—Nothing in this subtitle abro-
9
gates the immunity of any State, or waives the im-
10
munity of any Tribal government. The limitations on 
11
liability provided under this subtitle shall control in 
12
any action properly filed against a State or Tribal 
13
government pursuant to a duly executed waiver by 
14
the State or Tribe of sovereign immunity and stat-
15
ing claims within the scope of this subtitle. 
16
(b) PREEMPTION AND SUPERSEDURE.— 
17
(1) IN GENERAL.—Except as described in para-
18
graphs (2) through (6), this subtitle preempts and 
19
supersedes any Federal, State, or Tribal law, includ-
20
ing statutes, regulations, rules, or standards that are 
21
enacted, promulgated, or established under common 
22
law, related to recovery for personal injuries caused 
23
by, arising out of, or related to an act or omission 
24
by a health care provider in the course of arranging 
25
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

36 
•S 4317 IS
for or providing coronavirus-related health care serv-
1
ices. 
2
(2) STRICTER LAWS NOT PREEMPTED OR SU-
3
PERSEDED.—Nothing in this subtitle shall be con-
4
strued to affect the applicability of any provision of 
5
any Federal, State, or Tribal law that imposes 
6
stricter limits on damages or liabilities for personal 
7
injury caused by, arising out of, or related to an act 
8
or omission by a health care provider in the course 
9
of arranging for or providing coronavirus-related 
10
health care services, or otherwise affords greater 
11
protection to defendants in any coronavirus-related 
12
medical liability action than are provided in this sub-
13
title. Any such provision of Federal, State, or Tribal 
14
law shall be applied in addition to the requirements 
15
of this subtitle and not in lieu thereof. 
16
(3) ENFORCEMENT ACTIONS.—Nothing in this 
17
subtitle shall be construed to impair, limit, or affect 
18
the authority of the Federal Government, or of any 
19
State, local, or Tribal government to bring any 
20
criminal, civil, or administrative enforcement action 
21
against any health care provider. 
22
(4) DISCRIMINATION CLAIMS.—Nothing in this 
23
subtitle shall be construed to affect the applicability 
24
of any provision of any Federal, State, or Tribal law 
25
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

37 
•S 4317 IS
that creates a cause of action for intentional dis-
1
crimination on the basis of race, color, national ori-
2
gin, religion, sex (including pregnancy), disability, 
3
genetic information, or age. 
4
(5) PUBLIC READINESS AND EMERGENCY PRE-
5
PAREDNESS.—Nothing in this subtitle shall be con-
6
strued to affect the applicability of section 319F–3 
7
of the Public Health Service Act (42 U.S.C. 247d– 
8
6d) to any act or omission involving a covered coun-
9
termeasure, as defined in subsection (i) of such sec-
10
tion in arranging for or providing coronavirus-re-
11
lated health care services. Nothing in this subtitle 
12
shall be construed to affect the applicability of sec-
13
tion 319F–4 of the Public Health Service Act (42 
14
U.S.C. 247d–6e). 
15
(6) VACCINE INJURY.—To the extent that title 
16
XXI of the Public Health Service Act (42 U.S.C. 
17
300aa–1 et seq.) establishes a Federal rule applica-
18
ble to a civil action brought for a vaccine-related in-
19
jury or death, this subtitle does not affect the appli-
20
cation of that rule to such an action. 
21
(c) STATUTE OF LIMITATIONS.—A coronavirus-re-
22
lated medical liability action may not be commenced in 
23
any Federal, State, or Tribal government court later than 
24
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

38 
•S 4317 IS
1 year after the date of the alleged harm, damage, breach, 
1
or tort, unless tolled for— 
2
(1) proof of fraud; 
3
(2) intentional concealment; or 
4
(3) the presence of a foreign body, which has no 
5
therapeutic or diagnostic purpose or effect, in the 
6
person of the injured person. 
7
SEC. 142. LIABILITY FOR HEALTH CARE PROFESSIONALS 
8
AND 
HEALTH 
CARE 
FACILITIES 
DURING 
9
CORONAVIRUS PUBLIC HEALTH EMERGENCY. 
10
(a) 
REQUIREMENTS
FOR
LIABILITY
FOR 
11
CORONAVIRUS-RELATED HEALTH CARE SERVICES.—Not-
12
withstanding any other provision of law, and except as 
13
provided in subsection (b), no health care provider shall 
14
be liable in a coronavirus-related medical liability action 
15
unless the plaintiff can prove by clear and convincing evi-
16
dence— 
17
(1) gross negligence or willful misconduct by 
18
the health care provider; and 
19
(2) that the alleged harm, damage, breach, or 
20
tort resulting in the personal injury was directly 
21
caused by the alleged gross negligence or willful mis-
22
conduct. 
23
(b) EXCEPTIONS.—For purposes of this section, acts, 
24
omissions, or decisions resulting from a resource or staff-
25
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

39 
•S 4317 IS
ing shortage shall not be considered willful misconduct or 
1
gross negligence. 
2
Subtitle C—Substantive and Proce-
3
dural 
Provisions 
for 
4
Coronavirus-related 
Actions 
5
Generally 
6
SEC. 161. JURISDICTION. 
7
(a) JURISDICTION.—The district courts of the United 
8
States shall have concurrent original jurisdiction of any 
9
coronavirus-related action. 
10
(b) REMOVAL.— 
11
(1) IN GENERAL.—A coronavirus-related action 
12
of which the district courts of the United States 
13
have original jurisdiction under subsection (a) that 
14
is brought in a State or Tribal government court 
15
may be removed to a district court of the United 
16
States in accordance with section 1446 of title 28, 
17
United States Code, except that— 
18
(A) notwithstanding subsection (b)(2)(A) 
19
of such section, such action may be removed by 
20
any defendant without the consent of all de-
21
fendants; and 
22
(B) notwithstanding subsection (b)(1) of 
23
such section, for any cause of action that is a 
24
coronavirus-related action that was filed in a 
25
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

40 
•S 4317 IS
State court before the date of enactment of this 
1
Act and that is pending in such court on such 
2
date of enactment, and of which the district 
3
courts of the United States have original juris-
4
diction under subsection (a), any defendant 
5
may file a notice of removal of a civil action or 
6
proceeding within 30 days of the date of enact-
7
ment of this Act. 
8
(2) PROCEDURE
AFTER
REMOVAL.—Section 
9
1447 of title 28, United States Code, shall apply to 
10
any removal of a case under paragraph (1), except 
11
that, notwithstanding subsection (d) of such section, 
12
a court of appeals of the United States shall accept 
13
an appeal from an order of a district court granting 
14
or denying a motion to remand the case to the State 
15
or Tribal government court from which it was re-
16
moved if application is made to the court of appeals 
17
of the United States not later than 10 days after the 
18
entry of the order. 
19
SEC. 162. LIMITATIONS ON SUITS. 
20
(a) JOINT AND SEVERAL LIABILITY LIMITATIONS.— 
21
(1) IN
GENERAL.—An individual or entity 
22
against whom a final judgment is entered in any 
23
coronavirus-related action shall be liable solely for 
24
the portion of the judgment that corresponds to the 
25
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

41 
•S 4317 IS
relative and proportionate responsibility of that indi-
1
vidual or entity. In determining the percentage of re-
2
sponsibility of any defendant, the trier of fact shall 
3
determine that percentage as a percentage of the 
4
total fault of all individuals or entities, including the 
5
plaintiff, who caused or contributed to the total loss 
6
incurred by the plaintiff. 
7
(2) PROPORTIONATE LIABILITY.— 
8
(A) 
DETERMINATION
OF
RESPONSI-
9
BILITY.—In any coronavirus-related action, the 
10
court shall instruct the jury to answer special 
11
interrogatories, or, if there is no jury, the court 
12
shall make findings with respect to each defend-
13
ant, including defendants who have entered into 
14
settlements with the plaintiff or plaintiffs, con-
15
cerning the percentage of responsibility, if any, 
16
of each defendant, measured as a percentage of 
17
the total fault of all individuals or entities who 
18
caused or contributed to the loss incurred by 
19
the plaintiff. 
20
(B) FACTORS
FOR
CONSIDERATION.—In 
21
determining the percentage of responsibility 
22
under this subsection, the trier of fact shall 
23
consider— 
24
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

42 
•S 4317 IS
(i) the nature of the conduct of each 
1
individual or entity found to have caused 
2
or contributed to the loss incurred by the 
3
plaintiff; and 
4
(ii) the nature and extent of the caus-
5
al relationship between the conduct of each 
6
such individual or entity and the damages 
7
incurred by the plaintiff. 
8
(3) JOINT LIABILITY FOR SPECIFIC INTENT OR 
9
FRAUD.—Notwithstanding paragraph (1), in any 
10
coronavirus-related action the liability of a defendant 
11
is joint and several if the trier of fact specifically de-
12
termines that the defendant— 
13
(A) acted with specific intent to injure the 
14
plaintiff; or 
15
(B) knowingly committed fraud. 
16
(4) 
RIGHT
TO
CONTRIBUTION
NOT
AF-
17
FECTED.—Nothing in this subsection affects the 
18
right, under any other law, of a defendant to con-
19
tribution with respect to another defendant deter-
20
mined under paragraph (3) to have acted with spe-
21
cific intent to injure the plaintiff or to have know-
22
ingly committed fraud. 
23
(b) LIMITATIONS ON DAMAGES.—In any coronavirus- 
24
related action— 
25
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

43 
•S 4317 IS
(1) the award of compensatory damages shall 
1
be limited to economic losses incurred as the result 
2
of the personal injury, harm, damage, breach, or 
3
tort, except that the court may award damages for 
4
noneconomic losses if the trier of fact determines 
5
that the personal injury, harm, damage, breach, or 
6
tort was caused by the willful misconduct of the in-
7
dividual or entity; 
8
(2) punitive damages— 
9
(A) may be awarded only if the trier of 
10
fact determines that the personal injury to the 
11
plaintiff was caused by the willful misconduct of 
12
the individual or entity; and 
13
(B) may not exceed the amount of compen-
14
satory damages awarded; and 
15
(3) the amount of monetary damages awarded 
16
to a plaintiff shall be reduced by the amount of com-
17
pensation received by the plaintiff from another 
18
source in connection with the personal injury, harm, 
19
damage, breach, or tort, such as insurance or reim-
20
bursement by a government. 
21
(c) PREEMPTION AND SUPERSEDURE.— 
22
(1) IN GENERAL.—Except as described in para-
23
graphs (2) and (3), this section preempts and super-
24
sedes any Federal, State, or Tribal law, including 
25
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

44 
•S 4317 IS
statutes, regulations, rules, or standards that are en-
1
acted, promulgated, or established under common 
2
law, related to joint and several liability, propor-
3
tionate or contributory liability, contribution, or the 
4
award of damages for any coronavirus-related ac-
5
tion. 
6
(2) STRICTER LAWS NOT PREEMPTED OR SU-
7
PERSEDED.—Nothing in this section shall be con-
8
strued to affect the applicability of any provision of 
9
any Federal, State, or Tribal law that— 
10
(A) limits the liability of a defendant in a 
11
coronavirus-related action to a lesser degree of 
12
liability than the degree of liability determined 
13
under this section; 
14
(B) otherwise affords a greater degree of 
15
protection from joint or several liability than is 
16
afforded by this section; or 
17
(C) limits the damages that can be recov-
18
ered from a defendant in a coronavirus-related 
19
action to a lesser amount of damages than the 
20
amount determined under this section. 
21
(3) PUBLIC READINESS AND EMERGENCY PRE-
22
PAREDNESS.—Nothing in this subtitle shall be con-
23
strued to affect the applicability of section 319F–3 
24
of the Public Health Service Act (42 U.S.C. 247d– 
25
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

45 
•S 4317 IS
6d) to any act or omission involving a covered coun-
1
termeasure, as defined in subsection (i) of such sec-
2
tion in arranging for or providing coronavirus-re-
3
lated health care services. Nothing in this subtitle 
4
shall be construed to affect the applicability of sec-
5
tion 319F–4 of the Public Health Service Act (42 
6
U.S.C. 247d–6e). 
7
SEC. 163. PROCEDURES FOR SUIT IN DISTRICT COURTS OF 
8
THE UNITED STATES. 
9
(a) PLEADING
WITH
PARTICULARITY.—In any 
10
coronavirus-related action filed in or removed to a district 
11
court of the United States— 
12
(1) the complaint shall plead with particu-
13
larity— 
14
(A) each element of the plaintiff’s claim; 
15
and 
16
(B) with respect to a coronavirus exposure 
17
action, all places and persons visited by the per-
18
son on whose behalf the complaint was filed and 
19
all persons who visited the residence of the per-
20
son on whose behalf the complaint was filed 
21
during the 14-day-period before the onset of the 
22
first symptoms allegedly caused by coronavirus, 
23
including— 
24
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

46 
•S 4317 IS
(i) each individual or entity against 
1
which a complaint is filed, along with the 
2
factual basis for the belief that such indi-
3
vidual or entity was a cause of the per-
4
sonal injury alleged; and 
5
(ii) every other person or place visited 
6
by the person on whose behalf the com-
7
plaint was filed and every other person 
8
who visited the residence of the person on 
9
whose behalf the complaint was filed dur-
10
ing such period, along with the factual 
11
basis for the belief that these persons and 
12
places were not the cause of the personal 
13
injury alleged; and 
14
(2) the complaint shall plead with particularity 
15
each alleged act or omission constituting gross neg-
16
ligence or willful misconduct that resulted in per-
17
sonal injury, harm, damage, breach, or tort. 
18
(b) SEPARATE STATEMENTS CONCERNING THE NA-
19
TURE AND AMOUNT OF DAMAGES AND REQUIRED STATE 
20
OF MIND.— 
21
(1) NATURE AND AMOUNT OF DAMAGES.—In 
22
any coronavirus-related action filed in or removed to 
23
a district court of the United States in which mone-
24
tary damages are requested, there shall be filed with 
25
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

47 
•S 4317 IS
the complaint a statement of specific information as 
1
to the nature and amount of each element of dam-
2
ages and the factual basis for the damages calcula-
3
tion. 
4
(2) REQUIRED
STATE
OF
MIND.—In any 
5
coronavirus-related action filed in or removed to a 
6
district court of the United States in which a claim 
7
is asserted on which the plaintiff may prevail only on 
8
proof that the defendant acted with a particular 
9
state of mind, there shall be filed with the com-
10
plaint, with respect to each element of that claim, a 
11
statement of the facts giving rise to a strong infer-
12
ence that the defendant acted with the required 
13
state of mind. 
14
(c) VERIFICATION AND MEDICAL RECORDS.— 
15
(1) VERIFICATION REQUIREMENT.— 
16
(A) IN
GENERAL.—The complaint in a 
17
coronavirus-related action filed in or removed to 
18
a district court of the United States shall in-
19
clude a verification, made by affidavit of the 
20
plaintiff under oath, stating that the pleading is 
21
true to the knowledge of the deponent, except 
22
as to matters specifically identified as being al-
23
leged on information and belief, and that as to 
24
those matters the plaintiff believes it to be true. 
25
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

48 
•S 4317 IS
(B) IDENTIFICATION
OF
MATTERS
AL-
1
LEGED UPON INFORMATION AND BELIEF.—Any 
2
matter that is not specifically identified as 
3
being alleged upon the information and belief of 
4
the plaintiff, shall be regarded for all purposes, 
5
including a criminal prosecution, as having been 
6
made upon the knowledge of the plaintiff. 
7
(2) 
MATERIALS
REQUIRED.—In 
any 
8
coronavirus-related action filed in or removed to a 
9
district court of the United States, the plaintiff shall 
10
file with the complaint— 
11
(A) an affidavit by a physician or other 
12
qualified medical expert who did not treat the 
13
person on whose behalf the complaint was filed 
14
that explains the basis for such physician’s or 
15
other qualified medical expert’s belief that such 
16
person suffered the personal injury, harm, dam-
17
age, breach, or tort alleged in the complaint; 
18
and 
19
(B) certified medical records documenting 
20
the alleged personal injury, harm, damage, 
21
breach, or tort. 
22
(d) APPLICATION WITH FEDERAL RULES OF CIVIL 
23
PROCEDURE.—This section applies exclusively to any 
24
coronavirus-related action filed in or removed to a district 
25
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

49 
•S 4317 IS
court of the United States and, except to the extent that 
1
this section requires additional information to be con-
2
tained in or attached to pleadings, nothing in this section 
3
is intended to amend or otherwise supersede applicable 
4
rules of Federal civil procedure. 
5
(e) CIVIL DISCOVERY FOR ACTIONS IN DISTRICT 
6
COURTS OF THE UNITED STATES.— 
7
(1) TIMING.—Notwithstanding any other provi-
8
sion of law, in any coronavirus-related action filed in 
9
or removed to a district court of the United States, 
10
no discovery shall be allowed before— 
11
(A) the time has expired for the defendant 
12
to answer or file a motion to dismiss; and 
13
(B) if a motion to dismiss is filed, the 
14
court has ruled on the motion. 
15
(2) STANDARD.—Notwithstanding any other 
16
provision of law, the court in any coronavirus-related 
17
action that is filed in or removed to a district court 
18
of the United States— 
19
(A) shall permit discovery only with re-
20
spect to matters directly related to material 
21
issues contested in the coronavirus-related ac-
22
tion; and 
23
(B) may compel a response to a discovery 
24
request (including a request for admission, an 
25
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

50 
•S 4317 IS
interrogatory, a request for production of docu-
1
ments, or any other form of discovery request) 
2
under rule 37 of the Federal Rules of Civil Pro-
3
cedure, only if the court finds that— 
4
(i) the requesting party needs the in-
5
formation sought to prove or defend as to 
6
a material issue contested in such action; 
7
and 
8
(ii) the likely benefits of a response to 
9
such request equal or exceed the burden or 
10
cost for the responding party of providing 
11
such response. 
12
(f) INTERLOCUTORY APPEAL
AND STAY
OF DIS-
13
COVERY.—The courts of appeals of the United States shall 
14
have jurisdiction of an appeal from a motion to dismiss 
15
that is denied in any coronavirus-related action in a dis-
16
trict court of the United States. The district court shall 
17
stay all discovery in such a coronavirus-related action until 
18
the court of appeals has disposed of the appeal. 
19
(g) CLASS ACTIONS AND MULTIDISTRICT LITIGA-
20
TION PROCEEDINGS.— 
21
(1) CLASS
ACTIONS.—In any coronavirus-re-
22
lated action that is filed in or removed to a district 
23
court of the United States and is maintained as a 
24
class action or multidistrict litigation— 
25
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

51 
•S 4317 IS
(A) an individual or entity shall only be a 
1
member of the class if the individual or entity 
2
affirmatively elects to be a member; and 
3
(B) the court, in addition to any other no-
4
tice required by applicable Federal or State law, 
5
shall direct notice of the action to each member 
6
of the class, which shall include— 
7
(i) a concise and clear description of 
8
the nature of the action; 
9
(ii) the jurisdiction where the case is 
10
pending; and 
11
(iii) the fee arrangements with class 
12
counsel, including— 
13
(I) the hourly fee being charged; 
14
or 
15
(II) if it is a contingency fee, the 
16
percentage of the final award which 
17
will be paid, including an estimate of 
18
the total amount that would be paid if 
19
the requested damages were to be 
20
granted; and 
21
(III) if the cost of the litigation 
22
is being financed, a description of the 
23
financing arrangement. 
24
(2) MULTIDISTRICT LITIGATIONS.— 
25
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

52 
•S 4317 IS
(A) TRIAL PROHIBITION.—In any coordi-
1
nated or consolidated pretrial proceedings con-
2
ducted pursuant to section 1407(b) of title 28, 
3
United States Code, the judge or judges to 
4
whom coronavirus-related actions are assigned 
5
by the Judicial Panel on Multidistrict Litigation 
6
may not conduct a trial in a coronavirus-related 
7
action transferred to or directly filed in the pro-
8
ceedings unless all parties to that coronavirus- 
9
related action consent. 
10
(B) REVIEW OF ORDERS.—The court of 
11
appeals of the United States having jurisdiction 
12
over the transferee district court shall permit 
13
an appeal to be taken from any order issued in 
14
the conduct of coordinated or consolidated pre-
15
trial proceedings conducted pursuant to section 
16
1407(b) of title 28, United States Code, if the 
17
order is applicable to 1 or more coronavirus-re-
18
lated actions and an immediate appeal from the 
19
order may materially advance the ultimate ter-
20
mination of 1 or more coronavirus-related ac-
21
tions in the proceedings. 
22
SEC. 164. DEMAND LETTERS; CAUSE OF ACTION. 
23
(a) CAUSE OF ACTION.—If any person transmits or 
24
causes another to transmit in any form and by any means 
25
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

53 
•S 4317 IS
a demand for remuneration in exchange for settling, re-
1
leasing, waiving, or otherwise not pursuing a claim that 
2
is, or could be, brought as part of a coronavirus-related 
3
action, the party receiving such a demand shall have a 
4
cause of action for the recovery of damages occasioned by 
5
such demand and for declaratory judgment in accordance 
6
with chapter 151 of title 28, United States Code, if the 
7
claim for which the letter was transmitted was meritless. 
8
(b) DAMAGES.—Damages available under subsection 
9
(a) shall include— 
10
(1) compensatory damages including costs in-
11
curred in responding to the demand; and 
12
(2) punitive damages, if the court determines 
13
that the defendant had knowledge or was reckless 
14
with regard to the fact that the claim was meritless. 
15
(c) ATTORNEY’S FEES AND COSTS.—In an action 
16
commenced under subsection (a), if the plaintiff is a pre-
17
vailing party, the court shall, in addition to any judgment 
18
awarded to a plaintiff, allow a reasonable attorney’s fee 
19
to be paid by the defendant, and costs of the action. 
20
(d) JURISDICTION.—The district courts of the United 
21
States shall have concurrent original jurisdiction of all 
22
claims arising under subsection (a). 
23
(e) ENFORCEMENT BY THE ATTORNEY GENERAL.— 
24
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

54 
•S 4317 IS
(1) IN GENERAL.—Whenever the Attorney Gen-
1
eral has reasonable cause to believe that any person 
2
or group of persons is engaged in a pattern or prac-
3
tice of transmitting demands for remuneration in ex-
4
change for settling, releasing, waiving, or otherwise 
5
not pursuing a claim that is, or could be, brought 
6
as part of a coronavirus-related action and that is 
7
meritless, the Attorney General may commence a 
8
civil action in any appropriate district court of the 
9
United States. 
10
(2) RELIEF.—In a civil action under paragraph 
11
(1), the court may, to vindicate the public interest, 
12
assess a civil penalty against the respondent in an 
13
amount not exceeding $50,000 per transmitted de-
14
mand for remuneration in exchange for settling, re-
15
leasing, waiving or otherwise not pursuing a claim 
16
that is meritless. 
17
(3) DISTRIBUTION
OF
CIVIL
PENALTIES.—If 
18
the Attorney General obtains civil penalties in ac-
19
cordance with paragraph (2), the Attorney General 
20
shall distribute the proceeds equitably among those 
21
persons aggrieved by the respondent’s pattern or 
22
practice of transmitting demands for remuneration 
23
in exchange for settling, releasing, waiving or other-
24
wise not pursuing a claim that is meritless. 
25
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

55 
•S 4317 IS
Subtitle D—Relation to Labor and 
1
Employment Laws 
2
SEC. 181. LIMITATION ON VIOLATIONS UNDER SPECIFIC 
3
LAWS. 
4
(a) IN GENERAL.— 
5
(1) DEFINITION.—In this subsection, the term 
6
‘‘covered Federal employment law’’ means any of the 
7
following: 
8
(A) The Occupational Safety and Health 
9
Act of 1970 (29 U.S.C. 651 et seq.) (including 
10
any standard included in a State plan approved 
11
under section 18 of such Act (29 U.S.C. 667)). 
12
(B) The Fair Labor Standards Act of 
13
1938 (29 U.S.C. 201 et seq.). 
14
(C) The Age Discrimination in Employ-
15
ment Act of 1967 (29 U.S.C. 621 et seq.). 
16
(D) The Worker Adjustment and Retrain-
17
ing Notification Act (29 U.S.C. 2101 et seq.). 
18
(E) Title VII of the Civil Rights Act of 
19
1964 (42 U.S.C. 2000e et seq.). 
20
(F) Title II of the Genetic Information 
21
Nondiscrimination Act of 2008 (42 U.S.C. 
22
2000ff et seq.). 
23
(G) Title I of the Americans with Disabil-
24
ities Act of 1990 (42 U.S.C. 12111 et seq.). 
25
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

56 
•S 4317 IS
(2) LIMITATION.—Notwithstanding any provi-
1
sion of a covered Federal employment law, in any 
2
action, proceeding, or investigation resulting from or 
3
related to an actual, alleged, feared, or potential for 
4
exposure to coronavirus, or a change in working con-
5
ditions caused by a law, rule, declaration, or order 
6
related to coronavirus, an employer shall not be sub-
7
ject to any enforcement proceeding or liability under 
8
any provision of a covered Federal employment law 
9
if the employer— 
10
(A) was relying on and generally following 
11
applicable government standards and guidance; 
12
(B) knew of the obligation under the rel-
13
evant provision; and 
14
(C) attempted to satisfy any such obliga-
15
tion by— 
16
(i) exploring options to comply with 
17
such obligations and with the applicable 
18
government standards and guidance (such 
19
as through the use of virtual training or 
20
remote communication strategies); 
21
(ii) implementing interim alternative 
22
protections or procedures; or 
23
(iii) following guidance issued by the 
24
relevant agency with jurisdiction with re-
25
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

57 
•S 4317 IS
spect to any exemptions from such obliga-
1
tion. 
2
(b) PUBLIC ACCOMMODATION LAWS.— 
3
(1) DEFINITIONS.—In this subsection— 
4
(A) the term ‘‘auxiliary aids and services’’ 
5
has the meaning given the term in section 4 of 
6
the Americans with Disabilities Act of 1990 (42 
7
U.S.C. 12103); 
8
(B) the term ‘‘covered public accommoda-
9
tion law’’ means— 
10
(i) title III of the Americans with Dis-
11
abilities Act of 1990 (42 U.S.C. 12181 et 
12
seq.); or 
13
(ii) title II of the Civil Rights Act of 
14
1964 (42 U.S.C. 2000a et seq.); 
15
(C) the term ‘‘place of public accommoda-
16
tion’’ means— 
17
(i) a place of public accommodation, 
18
as defined in section 201 of the Civil 
19
Rights Act of 1964 (42 U.S.C. 2000a); or 
20
(ii) a public accommodation, as de-
21
fined in section 301 of the Americans with 
22
Disabilities Act of 1990 (42 U.S.C. 
23
12181); and 
24
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

58 
•S 4317 IS
(D) the term ‘‘public health emergency pe-
1
riod’’ means a period designated a public health 
2
emergency period by a Federal, State, or local 
3
government authority. 
4
(2) ACTIONS AND MEASURES DURING A PUBLIC 
5
HEALTH EMERGENCY.— 
6
(A) IN
GENERAL.—Notwithstanding any 
7
other provision of law or regulation, during any 
8
public health emergency period, no person who 
9
owns, leases (or leases to), or operates a place 
10
of public accommodation shall be liable under, 
11
or found in violation of, any covered public ac-
12
commodation law for any action or measure 
13
taken regarding coronavirus and that place of 
14
public accommodation, if such person— 
15
(i) has determined that the significant 
16
risk of substantial harm to public health or 
17
the health of employees cannot be reduced 
18
or eliminated by reasonably modifying poli-
19
cies, practices, or procedures, or the provi-
20
sion of an auxiliary aid or service; or 
21
(ii) has offered such a reasonable 
22
modification or auxiliary aid or service but 
23
such offer has been rejected by the indi-
24
vidual protected by the covered law. 
25
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00058
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

59 
•S 4317 IS
(B) REQUIRED WAIVER PROHIBITED.—For 
1
purposes of this subsection, no person who 
2
owns, leases (or leases to), or operates a place 
3
of public accommodation shall be required to 
4
waive any measure, requirement, or rec-
5
ommendation that has been adopted in accord-
6
ance with a requirement or recommendation 
7
issued by the Federal Government or any State 
8
or local government with regard to coronavirus, 
9
in order to offer such a reasonable modification 
10
or auxiliary aids and services. 
11
SEC. 182. LIABILITY FOR CONDUCTING TESTING AT WORK-
12
PLACE. 
13
Notwithstanding any other provision of Federal, 
14
State, or local law, an employer, or other person who hires 
15
or contracts with other individuals to provide services, con-
16
ducting testing for coronavirus at the workplace shall not 
17
be liable for any action or personal injury directly result-
18
ing from such testing, except for those personal injuries 
19
caused by the gross negligence or intentional misconduct 
20
of the employer or other person. 
21
SEC. 183. JOINT EMPLOYMENT AND INDEPENDENT CON-
22
TRACTING. 
23
Notwithstanding any other provision of Federal or 
24
State law, including any covered Federal employment law 
25
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

60 
•S 4317 IS
(as defined in section 181(a)), the Labor Management Re-
1
lations Act, 1947 (29 U.S.C. 141 et seq.), the Employ-
2
ment Retirement Income Security Act of 1974 (29 U.S.C. 
3
1001 et seq.), and the Family and Medical Leave Act of 
4
1993 (29 U.S.C. 2601 et seq.), it shall not constitute evi-
5
dence of a joint employment relationship or employment 
6
relationship for any employer to provide or require, for 
7
an employee of another employer or for an independent 
8
contractor, any of the following: 
9
(1) Coronavirus-related policies, procedures, or 
10
training. 
11
(2) Personal protective equipment or training 
12
for the use of such equipment. 
13
(3) Cleaning or disinfecting services or the 
14
means for such cleaning or disinfecting. 
15
(4) Workplace testing for coronavirus. 
16
(5) Temporary assistance due to coronavirus, 
17
including financial assistance or other health and 
18
safety benefits. 
19
SEC. 184. EXCLUSION OF CERTAIN NOTIFICATION RE-
20
QUIREMENTS AS A RESULT OF THE COVID–19 
21
PUBLIC HEALTH EMERGENCY. 
22
(a) DEFINITIONS.—Section 2(a) of the Worker Ad-
23
justment and Retraining Notification Act (29 U.S.C. 
24
2101(a)) is amended— 
25
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00060
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

61 
•S 4317 IS
(1) in paragraph (2), by adding before the 
1
semicolon at the end the following: ‘‘and the shut-
2
down, if occurring during the covered period, is not 
3
a result of the COVID–19 national emergency’’; 
4
(2) in paragraph (3)— 
5
(A) in subparagraph (A), by striking 
6
‘‘and’’ at the end; 
7
(B) in subparagraph (B), by adding ‘‘and’’ 
8
at the end; and 
9
(C) by adding at the end the following: 
10
‘‘(C) if occurring during the covered pe-
11
riod, is not a result of the COVID–19 national 
12
emergency;’’; 
13
(3) in paragraph (7), by striking ‘‘and’’; 
14
(4) in paragraph (8), by striking the period at 
15
the end and inserting a semicolon; and 
16
(5) by adding at the end the following: 
17
‘‘(9) the term ‘covered period’ means the period 
18
that— 
19
‘‘(A) begins on January 1, 2020; and 
20
‘‘(B) ends 90 days after the last date of 
21
the COVID–19 national emergency; and 
22
‘‘(10) the term ‘COVID–19 national emergency’ 
23
means the national emergency declared by the Presi-
24
dent under the National Emergencies Act (50 
25
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00061
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

62 
•S 4317 IS
U.S.C. 1601 et seq.) with respect to the Coronavirus 
1
Disease 2019 (COVID–19).’’. 
2
(b) EXCLUSION FROM DEFINITION OF EMPLOYMENT 
3
LOSS.—Section 2(b) of the Worker Adjustment and Re-
4
training Notification Act (29 U.S.C. 2101(b)) is amended 
5
by adding at the end the following: 
6
‘‘(3) Notwithstanding subsection (a)(6), during 
7
the covered period an employee may not be consid-
8
ered to have experienced an employment loss if the 
9
termination, layoff exceeding 6 months, or reduction 
10
in hours of work of more than 50 percent during 
11
each month of any 6-month period involved is a re-
12
sult of the COVID–19 national emergency.’’. 
13
TITLE II—PRODUCTS 
14
SEC. 201. APPLICABILITY OF THE TARGETED LIABILITY 
15
PROTECTIONS 
FOR 
PANDEMIC 
AND 
EPI-
16
DEMIC PRODUCTS AND SECURITY COUNTER-
17
MEASURES WITH RESPECT TO COVID–19. 
18
(a) IN GENERAL.—Section 319F–3(i)(1) of the Pub-
19
lic Health Service Act (42 U.S.C. 247d–6d(i)(1)) is 
20
amended— 
21
(1) in subparagraph (C), by striking ‘‘; or’’ and 
22
inserting a semicolon; 
23
(2) in subparagraph (D), by striking the period 
24
and inserting ‘‘; or’’; and 
25
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00062
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

63 
•S 4317 IS
(3) by adding at the end the following: 
1
‘‘(E) a drug (as such term is defined in 
2
section 201(g)(1) of the Federal Food, Drug, 
3
and Cosmetic Act), biological product (including 
4
a vaccine) (as such term is defined in section 
5
351(i)), or device (as such term is defined in 
6
section 201(h) of the Federal Food, Drug, and 
7
Cosmetic Act) that— 
8
‘‘(i) is the subject of a notice of use 
9
of enforcement discretion issued by the 
10
Secretary if such drug, biological product, 
11
or device is used— 
12
‘‘(I) when such notice is in effect; 
13
‘‘(II) within the scope of such no-
14
tice; and 
15
‘‘(III) in compliance with other 
16
applicable requirements of the Federal 
17
Food, Drug, and Cosmetic Act that 
18
are not the subject of such notice; 
19
‘‘(ii) in the case of a device, is exempt 
20
from the requirement under section 510(k) 
21
of the Federal Food, Drug, and Cosmetic 
22
Act; or 
23
‘‘(iii) in the case of a drug— 
24
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00063
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

64 
•S 4317 IS
‘‘(I) meets the requirements for 
1
marketing under a final administra-
2
tive order under section 505G of the 
3
Federal Food, Drug, and Cosmetic 
4
Act; or 
5
‘‘(II) is marketed in accordance 
6
with section 505G(a)(3) of such Act.’’. 
7
(b) CLARIFYING MEANS OF DISTRIBUTION.—Section 
8
319F–3(a)(5) of the Public Health Service Act (42 U.S.C. 
9
247d–6d(a)(5)) is amended by inserting ‘‘by, or in part-
10
nership with, Federal, State, or local public health officials 
11
or the private sector’’ after ‘‘distribution’’ the first place 
12
it appears. 
13
(c) NO CHANGE TO ADMINISTRATIVE PROCEDURE 
14
ACT APPLICATION TO ENFORCEMENT DISCRETION EXER-
15
CISE.—Section 319F–3 of the Public Health Service Act 
16
(42 U.S.C. 247d–6d) is amended by adding at the end 
17
the following: 
18
‘‘(j) RULE OF CONSTRUCTION.—Nothing in this sec-
19
tion shall be construed— 
20
‘‘(1) to require use of procedures described in 
21
section 553 of title 5, United States Code, for a no-
22
tice of use of enforcement discretion for which such 
23
procedures are not otherwise required; or 
24
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00064
Fmt 6652
Sfmt 6201
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

65 
•S 4317 IS
‘‘(2) to affect whether such notice constitutes 
1
final agency action within the meaning of section 
2
704 of title 5, United States Code.’’. 
3
TITLE III—GENERAL 
4
PROVISIONS 
5
SEC. 301. SEVERABILITY. 
6
If any provision of this Act, an amendment made by 
7
this Act, or the application of such a provision or amend-
8
ment to any person or circumstance is held to be unconsti-
9
tutional, the remaining provisions of and amendments 
10
made by this Act, as well as the application of such provi-
11
sion or amendment to any person other than the parties 
12
to the action holding the provision or amendment to be 
13
unconstitutional, or to any circumstances other than those 
14
presented in such action, shall not be affected thereby. 
15
Æ 
VerDate Sep 11 2014 
00:42 Jul 28, 2020
Jkt 099200
PO 00000
Frm 00065
Fmt 6652
Sfmt 6301
E:\BILLS\S4317.IS
S4317
pamtmann on DSKBC07HB2PROD with BILLS

File and source

File

CONGRESS_SENATE_JUDICIARY_SAFE-TO-WORK-ACT-S4317_2020-07-27.pdf

Size

330,293 bytes

SHA-256

14b363913078fcf326698e900e4127e9102ba5c1d408db2069e01c2c6e46edf4

Our copy

CONGRESS_SENATE_JUDICIARY_SAFE-TO-WORK-ACT-S4317_2020-07-27.pdf

Original

www.govinfo.gov