[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4317 Introduced in Senate (IS)]

<DOC>






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 discouraging 
   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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Safeguarding 
America's Frontline Employees To Offer Work Opportunities Required to 
Kickstart the Economy Act'' or the ``SAFE TO WORK Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

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.

    (a) Findings.--Congress finds the following:
            (1) The SARS-CoV-2 virus that originated in China and 
        causes the disease COVID-19 has caused untold misery and 
        devastation throughout the world, including in the United 
        States.
            (2) For months, frontline health care workers and health 
        care facilities have fought the virus with courage and resolve. 
        They did so at first with very little information about how to 
        treat the virus and developed strategies to save lives of the 
        people of the United States in real time. They risked their 
        personal health and wellbeing to protect and treat their 
        patients.
            (3) Businesses in the United States kicked into action to 
        produce and procure personal protective equipment, such as 
        masks, gloves, face shields, and hand sanitizer, and other 
        necessary medical supplies, such as ventilators, at 
        unprecedented rates.
            (4) To halt the spread of the disease, State and local 
        governments took drastic measures. They shut down small and 
        large businesses, schools, colleges and universities, 
        religious, philanthropic and other nonprofit institutions, and 
        local government agencies. They ordered people to remain in 
        their homes.
            (5) This standstill was needed to slow the spread of the 
        virus. But it devastated the economy of the United States. The 
        sum of hundreds of local-level and State-level decisions to 
        close nearly every space in which people might gather brought 
        interstate commerce nearly to a halt.
            (6) This halt led to the loss of millions of jobs. These 
        lost jobs were not a natural consequence of the economic 
        environment, but rather the result of a drastic, though 
        temporary, response to the unprecedented nature of this global 
        pandemic.
            (7) Congress passed a series of statutes to address the 
        health care and economic crises--the Coronavirus Preparedness 
        and Response Supplemental Appropriations Act, 2020 (Public Law 
        116-123; 134 Stat. 146), the Families First Coronavirus 
        Response Act (Public Law 116-127; 134 Stat. 178), the 
        Coronavirus Aid, Relief, and Economic Security Act or the CARES 
        Act (Public Law 116-136), and the Paycheck Protection Program 
        and Health Care Enhancement Act (Public Law 116-139; 134 Stat. 
        620). In these laws Congress exercised its power under the 
        Commerce and Spending Clauses of the Constitution of the United 
        States to direct trillions of taxpayer dollars toward efforts 
        to aid workers, businesses, State and local governments, health 
        care workers, and patients.
            (8) This legislation provided short-term insulation from 
        the worst of the economic storm, but these laws alone cannot 
        protect the United States from further devastation. Only 
        reopening the economy so that workers can get back to work and 
        students can get back to school can accomplish that goal.
            (9) The Constitution of the United States specifically 
        enumerates the legislative powers of Congress. One of those 
        powers is the regulation of interstate commerce. The Government 
        is not a substitute for the economy, but it has the authority 
        and the duty to act when interstate commerce is threatened and 
        damaged. As applied to the present crisis, Congress can deploy 
        its power over interstate commerce to promote a prudent 
        reopening of businesses and other organizations that serve as 
        the foundation and backbone of the national economy and of 
        commerce among the States. These include small and large 
        businesses, schools (which are substantial employers in their 
        own right and provide necessary services to enable parents and 
        other caregivers to return to work), colleges and universities 
        (which are substantial employers and supply the interstate 
        market for higher-education services), religious, philanthropic 
        and other nonprofit institutions (which are substantial 
        employers and provide necessary services to their communities), 
        and local government agencies.
            (10) Congress must also ensure that the Nation's health 
        care workers and health care facilities are able to act fully 
        to defeat the virus.
            (11) Congress must also safeguard its investment of 
        taxpayer dollars under the CARES Act and other coronavirus 
        legislation. Congress must ensure that those funds are used to 
        help businesses and workers survive and recover from the 
        economic crisis, and to help health care workers and health 
        care facilities defeat the virus. CARES Act funds cannot be 
        diverted from these important purposes to line the pockets of 
        the trial bar.
            (12) One of the chief impediments to the continued flow of 
        interstate commerce as this public-health crisis has unfolded 
        is the risk of litigation. Small and large businesses, schools, 
        colleges and universities, religious, philanthropic and other 
        nonprofit institutions, and local government agencies confront 
        the risk of a tidal wave of lawsuits accusing them of exposing 
        employees, customers, students, and worshipers to coronavirus. 
        Health care workers face the threat of lawsuits arising from 
        their efforts to fight the virus.
            (13) They confront this litigation risk even as they work 
        tirelessly to comply with the coronavirus guidance, rules, and 
        regulations issued by local governments, State governments, and 
        the Federal Government. They confront this risk notwithstanding 
        equipment and staffing shortages. And they confront this risk 
        while also grappling with constantly changing information on 
        how best to protect employees, customers, students, and 
        worshipers from the virus, and how best to treat it.
            (14) These lawsuits pose a substantial risk to interstate 
        commerce because they threaten to keep small and large 
        businesses, schools, colleges and universities, religious, 
        philanthropic and other nonprofit institutions, and local 
        government agencies from reopening for fear of expensive 
        litigation that might prove to be meritless. These lawsuits 
        further threaten to undermine the Nation's fight against the 
        virus by exposing our health care workers and health care 
        facilities to liability for difficult medical decisions they 
        have made under trying and uncertain circumstances.
            (15) These lawsuits also risk diverting taxpayer money 
        provided under the CARES Act and other coronavirus legislation 
        from its intended purposes to the pockets of opportunistic 
        trial lawyers.
            (16) This risk is not purely local. It is necessarily 
        national in scale. A patchwork of local and State rules 
        governing liability in coronavirus-related lawsuits creates 
        tremendous unpredictability for everyone participating in 
        interstate commerce and acts as a significant drag on national 
        recovery. The aggregation of each individual potential 
        liability risk poses a substantial and unprecedented threat to 
        interstate commerce.
            (17) The accumulated economic risks for these potential 
        defendants directly and substantially affects interstate 
        commerce. Individuals and entities potentially subject to 
        coronavirus-related liability will structure their 
        decisionmaking to avoid that liability. Small and large 
        businesses, schools, colleges and universities, religious, 
        philanthropic and other nonprofit institutions, and local 
        government agencies may decline to reopen because of the risk 
        of litigation. They may limit their output or engagement with 
        customers and communities to avoid the risk of litigation. 
        These individual economic decisions substantially affect 
        interstate commerce because, as a whole, they will prevent the 
        free and fair exchange of goods and services across State 
        lines. Such economic activity that, individually and in the 
        aggregate, substantially affects interstate commerce is 
        precisely the sort of conduct that should be subject to 
        congressional regulation.
            (18) Lawsuits against health care workers and facilities 
        pose a similarly dangerous risk to interstate commerce. 
        Interstate commerce will not truly rebound from this crisis 
        until the virus is defeated, and that will not happen unless 
        health care workers and facilities are free to combat 
        vigorously the virus and treat patients with coronavirus and 
        those otherwise impacted by the response to coronavirus.
            (19) Subjecting health care workers and facilities to 
        onerous litigation even as they have done their level best to 
        combat a virus about which very little was known when it 
        arrived in the United States would divert important health care 
        resources from hospitals and providers to courtrooms.
            (20) Such a diversion would substantially affect interstate 
        commerce by degrading the national capacity for combating the 
        virus and saving patients, thereby substantially elongating the 
        period before interstate commerce could fully re-engage.
            (21) Congress also has the authority to determine the 
        jurisdiction of the courts of the United States, to set the 
        standards for causes of action they can hear, and to establish 
        the rules by which those causes of action should proceed. 
        Congress therefore must act to set rules governing liability in 
        coronavirus-related lawsuits.
            (22) These rules necessarily must be temporary and 
        carefully tailored to the interstate crisis caused by the 
        coronavirus pandemic. They must extend no further than 
        necessary to meet this uniquely national crisis for which a 
        patchwork of State and local tort laws are ill-suited.
            (23) Because of the national scope of the economic and 
        health care dangers posed by the risks of coronavirus-related 
        lawsuits, establishing temporary rules governing liability for 
        certain coronavirus-related tort claims is a necessary and 
        proper means of carrying into execution Congress's power to 
        regulate commerce among the several States.
            (24) Because Congress must safeguard the investment of 
        taxpayer dollars it made in the CARES Act and other coronavirus 
        legislation, and ensure that they are used for their intended 
        purposes and not diverted for other purposes, establishing 
        temporary rules governing liability for certain coronavirus-
        related tort claims is a necessary and proper means of carrying 
        into execution Congress's power to provide for the general 
        welfare of the United States.
    (b) Purposes.--Pursuant to the powers delegated to Congress by 
article I, section 8, clauses 1, 3, 9, and 18, and article III, section 
2, clause 1 of the Constitution of the United States, the purposes of 
this Act are to--
            (1) establish necessary and consistent standards for 
        litigating certain claims specific to the unique coronavirus 
        pandemic;
            (2) prevent the overburdening of the court systems with 
        undue litigation;
            (3) encourage planning, care, and appropriate risk 
        management by small and large businesses, schools, colleges and 
        universities, religious, philanthropic and other nonprofit 
        institutions, local government agencies, and health care 
        providers;
            (4) ensure that the Nation's recovery from the coronavirus 
        economic crisis is not burdened or slowed by the substantial 
        risk of litigation;
            (5) prevent litigation brought to extract settlements and 
        enrich trial lawyers rather than vindicate meritorious claims;
            (6) protect interstate commerce from the burdens of 
        potentially meritless litigation;
            (7) ensure the economic recovery proceeds without 
        artificial and unnecessary delay;
            (8) protect the interests of the taxpayers by ensuring that 
        emergency taxpayer support continues to aid businesses, 
        workers, and health care providers rather than enrich trial 
        lawyers; and
            (9) protect the highest and best ideals of the national 
        economy, so businesses can produce and serve their customers, 
        workers can work, teachers can teach, students can learn, and 
        believers can worship.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Applicable government standards and guidance.--The term 
        ``applicable government standards and guidance'' means--
                    (A) any mandatory standards or regulations 
                specifically concerning the prevention or mitigation of 
                the transmission of coronavirus issued by the Federal 
                Government, or a State or local government with 
                jurisdiction over an individual or entity, whether 
                provided by executive, judicial, or legislative order; 
                and
                    (B) with respect to an individual or entity that, 
                at the time of the actual, alleged, feared, or 
                potential for exposure to coronavirus is not subject to 
                any mandatory standards or regulations described in 
                subparagraph (A), any guidance, standards, or 
                regulations specifically concerning the prevention or 
                mitigation of the transmission of coronavirus issued by 
                the Federal Government, or a State or local government 
                with jurisdiction over the individual or entity.
            (2) Businesses, services, activities, or accommodations.--
        The term ``businesses, services, activities, or 
        accommodations'' means any act by an individual or entity, 
        irrespective of whether the act is carried on for profit, that 
        is interstate or foreign commerce, that involves persons or 
        things in interstate or foreign commerce, that involves the 
        channels or instrumentalities of interstate or foreign 
        commerce, that substantially affects interstate or foreign 
        commerce, or that is otherwise an act subject to regulation by 
        Congress as necessary and proper to carry into execution 
        Congress's powers to regulate interstate or foreign commerce or 
        to spend funds for the general welfare.
            (3) Coronavirus.--The term ``coronavirus'' means any 
        disease, health condition, or threat of harm caused by the 
        SARS-CoV-2 virus or a virus mutating therefrom.
            (4) Coronavirus exposure action.--
                    (A) In general.--The term ``coronavirus exposure 
                action'' means a civil action--
                            (i) brought by a person who suffered 
                        personal injury or is at risk of suffering 
                        personal injury, or a representative of a 
                        person who suffered personal injury or is at 
                        risk of suffering personal injury;
                            (ii) brought against an individual or 
                        entity engaged in businesses, services, 
                        activities, or accommodations; and
                            (iii) alleging that an actual, alleged, 
                        feared, or potential for exposure to 
                        coronavirus caused the personal injury or risk 
                        of personal injury, that--
                                    (I) occurred in the course of the 
                                businesses, services, activities, or 
                                accommodations of the individual or 
                                entity; and
                                    (II) occurred--
                                            (aa) on or after December 
                                        1, 2019; and
                                            (bb) before the later of--

                                                    (AA) October 1, 
                                                2024; or

                                                    (BB) the date on 
                                                which there is no 
                                                declaration by the 
                                                Secretary of Health and 
                                                Human Services under 
                                                section 319F-3(b) of 
                                                the Public Health 
                                                Service Act (42 U.S.C. 
                                                247d-6d(b)) (relating 
                                                to medical 
                                                countermeasures) that 
                                                is in effect with 
                                                respect to coronavirus, 
                                                including the 
                                                Declaration Under the 
                                                Public Readiness and 
                                                Emergency Preparedness 
                                                Act for Medical 
                                                Countermeasures Against 
                                                COVID-19 (85 Fed. Reg. 
                                                15198) issued by the 
                                                Secretary of Health and 
                                                Human Services on March 
                                                17, 2020.

                    (B) Exclusions.--The term ``coronavirus exposure 
                action'' does not include--
                            (i) a criminal, civil, or administrative 
                        enforcement action brought by the Federal 
                        Government or any State, local, or Tribal 
                        government; or
                            (ii) a claim alleging intentional 
                        discrimination on the basis of race, color, 
                        national origin, religion, sex (including 
                        pregnancy), disability, genetic information, or 
                        age.
            (5) Coronavirus-related action.--The term ``coronavirus-
        related action'' means a coronavirus exposure action or a 
        coronavirus-related medical liability action.
            (6) Coronavirus-related health care services.--The term 
        ``coronavirus-related health care services'' means services 
        provided by a health care provider, regardless of the location 
        where the services are provided, that relate to--
                    (A) the diagnosis, prevention, or treatment of 
                coronavirus;
                    (B) the assessment or care of an individual with a 
                confirmed or suspected case of coronavirus; or
                    (C) the care of any individual who is admitted to, 
                presents to, receives services from, or resides at, a 
                health care provider for any purpose during the period 
                of a Federal emergency declaration concerning 
                coronavirus, if such provider's decisions or activities 
                with respect to such individual are impacted as a 
                result of coronavirus.
            (7) Coronavirus-related medical liability action.--
                    (A) In general.--The term ``coronavirus-related 
                medical liability action'' means a civil action--
                            (i) brought by a person who suffered 
                        personal injury, or a representative of a 
                        person who suffered personal injury;
                            (ii) brought against a health care 
                        provider; and
                            (iii) alleging any harm, damage, breach, or 
                        tort resulting in the personal injury alleged 
                        to have been caused by, be arising out of, or 
                        be related to a health care provider's act or 
                        omission in the course of arranging for or 
                        providing coronavirus-related health care 
                        services that occurred--
                                    (I) on or after December 1, 2019; 
                                and
                                    (II) before the later of--
                                            (aa) October 1, 2024; or
                                            (bb) the date on which 
                                        there is no declaration by the 
                                        Secretary of Health and Human 
                                        Services under section 319F-
                                        3(b) of the Public Health 
                                        Service Act (42 U.S.C. 247d-
                                        6d(b)) (relating to covered 
                                        countermeasures) that is in 
                                        effect with respect to 
                                        coronavirus, including the 
                                        Declaration Under the Public 
                                        Readiness and Emergency 
                                        Preparedness Act for Medical 
                                        Countermeasures Against COVID-
                                        19 (85 Fed. Reg. 15198) issued 
                                        by the Secretary of Health and 
                                        Human Services on March 17, 
                                        2020.
                    (B) Exclusions.--The term ``coronavirus-related 
                medical liability action'' does not include--
                            (i) a criminal, civil, or administrative 
                        enforcement action brought by the Federal 
                        Government or any State, local, or Tribal 
                        government; or
                            (ii) a claim alleging intentional 
                        discrimination on the basis of race, color, 
                        national origin, religion, sex (including 
                        pregnancy), disability, genetic information, or 
                        age.
            (8) Employer.--The term ``employer''--
                    (A) means any person serving as an employer or 
                acting directly in the interest of an employer in 
                relation to an employee;
                    (B) includes a public agency; and
                    (C) does not include any labor organization (other 
                than when acting as an employer) or any person acting 
                in the capacity of officer or agent of such labor 
                organization.
            (9) Government.--The term ``government'' means an agency, 
        instrumentality, or other entity of the Federal Government, a 
        State government (including multijurisdictional agencies, 
        instrumentalities, and entities), a local government, or a 
        Tribal government.
            (10) Gross negligence.--The term ``gross negligence'' means 
        a conscious, voluntary act or omission in reckless disregard 
        of--
                    (A) a legal duty;
                    (B) the consequences to another party; and
                    (C) applicable government standards and guidance.
            (11) Harm.--The term ``harm'' includes--
                    (A) physical and nonphysical contact that results 
                in personal injury to an individual; and
                    (B) economic and noneconomic losses.
            (12) Health care provider.--
                    (A) In general.--The term ``health care provider'' 
                means any person, including an agent, volunteer 
                (subject to subparagraph (C)), contractor, employee, or 
                other entity, who is--
                            (i) required by Federal or State law to be 
                        licensed, registered, or certified to provide 
                        health care and is so licensed, registered, or 
                        certified (or is exempt from any such 
                        requirement);
                            (ii) otherwise authorized by Federal or 
                        State law to provide care (including services 
                        and supports furnished in a home or community-
                        based residential setting under the State 
                        Medicaid program or a waiver of that program); 
                        or
                            (iii) considered under applicable Federal 
                        or State law to be a health care provider, 
                        health care professional, health care 
                        institution, or health care facility.
                    (B) Inclusion of administrators, supervisors, 
                etc.--The term ``health care provider'' includes a 
                health care facility administrator, executive, 
                supervisor, board member or trustee, or another 
                individual responsible for directing, supervising, or 
                monitoring the provision of coronavirus-related health 
                care services in a comparable role.
                    (C) Inclusion of volunteers.--The term ``health 
                care provider'' includes volunteers that meet the 
                following criteria:
                            (i) The volunteer is a health care 
                        professional providing coronavirus-related 
                        health care services.
                            (ii) The act or omission by the volunteer 
                        occurs--
                                    (I) in the course of providing 
                                health care services;
                                    (II) in the health care 
                                professional's capacity as a volunteer;
                                    (III) in the course of providing 
                                health care services that--
                                            (aa) are within the scope 
                                        of the license, registration, 
                                        or certification of the 
                                        volunteer, as defined by the 
                                        State of licensure, 
                                        registration, or certification; 
                                        and
                                            (bb) do not exceed the 
                                        scope of license, registration, 
                                        or certification of a 
                                        substantially similar health 
                                        professional in the State in 
                                        which such act or omission 
                                        occurs; and
                                    (IV) in a good-faith belief that 
                                the individual being treated is in need 
                                of health care services.
            (13) Individual or entity.--The term ``individual or 
        entity'' means--
                    (A) any natural person, corporation, company, 
                trade, business, firm, partnership, joint stock 
                company, educational institution, labor organization, 
                or similar organization or group of organizations;
                    (B) any nonprofit organization, foundation, 
                society, or association organized for religious, 
                charitable, educational, or other purposes; or
                    (C) any State, Tribal, or local government.
            (14) Local government.--The term ``local government'' means 
        any unit of government within a State, including a--
                    (A) county;
                    (B) borough;
                    (C) municipality;
                    (D) city;
                    (E) town;
                    (F) township;
                    (G) parish;
                    (H) local public authority, including any public 
                housing agency under the United States Housing Act of 
                1937 (42 U.S.C. 1437 et seq.);
                    (I) special district;
                    (J) school district;
                    (K) intrastate district;
                    (L) council of governments, whether or not 
                incorporated as a nonprofit corporation under State 
                law; and
                    (M) agency or instrumentality of--
                            (i) multiple units of local government 
                        (including units of local government located in 
                        different States); or
                            (ii) an intra-State unit of local 
                        government.
            (15) Mandatory.--The term ``mandatory'', with respect to 
        standards or regulations, means the standards or regulations 
        are themselves enforceable by the issuing government through 
        criminal, civil, or administrative action.
            (16) Personal injury.--The term ``personal injury''--
                    (A) means actual or potential physical injury to an 
                individual or death caused by a physical injury; and
                    (B) includes mental suffering, emotional distress, 
                or similar injuries suffered by an individual in 
                connection with a physical injury.
            (17) State.--The term ``State''--
                    (A) means any State of the United States, the 
                District of Columbia, the Commonwealth of Puerto Rico, 
                the Northern Mariana Islands, the United States Virgin 
                Islands, Guam, American Samoa, and any other territory 
                or possession of the United States, and any political 
                subdivision or instrumentality thereof; and
                    (B) includes any agency or instrumentality of 2 or 
                more of the entities described in subparagraph (A).
            (18) Tribal government.--
                    (A) In general.--The term ``Tribal government'' 
                means the recognized governing body of any Indian tribe 
                included on the list published by the Secretary of the 
                Interior pursuant to section 104(a) of the Federally 
                Recognized Indian Tribe List Act of 1994 (25 U.S.C. 
                5131(a)).
                    (B) Inclusion.--The term ``Tribal government'' 
                includes any subdivision (regardless of the laws and 
                regulations of the jurisdiction in which the 
                subdivision is organized or incorporated) of a 
                governing body described in subparagraph (A) that--
                            (i) is wholly owned by that governing body; 
                        and
                            (ii) has been delegated the right to 
                        exercise 1 or more substantial governmental 
                        functions of the governing body.
            (19) Willful misconduct.--The term ``willful misconduct'' 
        means an act or omission that is taken--
                    (A) intentionally to achieve a wrongful purpose;
                    (B) knowingly without legal or factual 
                justification; and
                    (C) in disregard of a known or obvious risk that is 
                so great as to make it highly probable that the harm 
                will outweigh the benefit.

                       TITLE I--LIABILITY RELIEF

Subtitle A--Liability Limitations for Individuals and Entities Engaged 
         in Businesses, Services, Activities, or Accommodations

SEC. 121. APPLICATION OF SUBTITLE.

    (a) Cause of Action; Tribal Sovereign Immunity.--
            (1) Cause of action.--
                    (A) In general.--This subtitle creates an exclusive 
                cause of action for coronavirus exposure actions.
                    (B) Liability.--A plaintiff may prevail in a 
                coronavirus exposure action only in accordance with the 
                requirements of this title.
                    (C) Application.--The provisions of this subtitle 
                shall apply to--
                            (i) any cause of action that is a 
                        coronavirus exposure action that was filed 
                        before the date of enactment of this Act and 
                        that is pending on such date of enactment; and
                            (ii) any coronavirus exposure action filed 
                        on or after such date of enactment.
            (2) Preservation of liability limits and defenses.--Except 
        as otherwise explicitly provided in this subtitle, nothing in 
        this subtitle expands any liability otherwise imposed or limits 
        any defense otherwise available under Federal, State, or Tribal 
        law.
            (3) Immunity.--Nothing in this subtitle abrogates the 
        immunity of any State, or waives the immunity of any Tribal 
        government. The limitations on liability provided under this 
        subtitle shall control in any action properly filed against a 
        State or Tribal government pursuant to a duly executed waiver 
        by the State or Tribe of sovereign immunity and stating claims 
        within the scope of this subtitle.
    (b) Preemption and Supersedure.--
            (1) In general.--Except as described in paragraphs (2) 
        through (6), this subtitle preempts and supersedes any Federal, 
        State, or Tribal law, including statutes, regulations, rules, 
        or standards that are enacted, promulgated, or established 
        under common law, related to recovery for personal injuries 
        caused by actual, alleged, feared, or potential for exposure to 
        coronavirus.
            (2) Stricter laws not preempted or superseded.--Nothing in 
        this subtitle shall be construed to affect the applicability of 
        any provision of any Federal, State, or Tribal law that imposes 
        stricter limits on damages or liabilities for personal injury 
        caused by, arising out of, or related to an actual, alleged, 
        feared, or potential for exposure to coronavirus, or otherwise 
        affords greater protection to defendants in any coronavirus 
        exposure action, than are provided in this subtitle. Any such 
        provision of Federal, State, or Tribal law shall be applied in 
        addition to the requirements of this subtitle and not in lieu 
        thereof.
            (3) Workers' compensation laws not preempted or 
        superseded.--Nothing in this subtitle shall be construed to 
        affect the applicability of any State or Tribal law providing 
        for a workers' compensation scheme or program, or to preempt or 
        supersede an exclusive remedy under such scheme or program.
            (4) Enforcement actions.--Nothing in this subtitle shall be 
        construed to impair, limit, or affect the authority of the 
        Federal Government, or of any State, local, or Tribal 
        government, to bring any criminal, civil, or administrative 
        enforcement action against any individual or entity.
            (5) Discrimination claims.--Nothing in this subtitle shall 
        be construed to affect the applicability of any provision of 
        any Federal, State, or Tribal law that creates a cause of 
        action for intentional discrimination on the basis of race, 
        color, national origin, religion, sex (including pregnancy), 
        disability, genetic information, or age.
            (6) Maintenance and cure.--Nothing in this subtitle shall 
        be construed to affect a seaman's right to claim maintenance 
        and cure benefits.
    (c) Statute of Limitations.--A coronavirus exposure action may not 
be commenced in any Federal, State, or Tribal government court later 
than 1 year after the date of the actual, alleged, feared, or potential 
for exposure to coronavirus.

SEC. 122. LIABILITY; SAFE HARBOR.

    (a) Requirements for Liability for Exposure to Coronavirus.--
Notwithstanding any other provision of law, and except as otherwise 
provided in this section, no individual or entity engaged in 
businesses, services, activities, or accommodations shall be liable in 
any coronavirus exposure action unless the plaintiff can prove by clear 
and convincing evidence that--
            (1) in engaging in the businesses, services, activities, or 
        accommodations, the individual or entity was not making 
        reasonable efforts in light of all the circumstances to comply 
        with the applicable government standards and guidance in effect 
        at the time of the actual, alleged, feared, or potential for 
        exposure to coronavirus;
            (2) the individual or entity engaged in gross negligence or 
        willful misconduct that caused an actual exposure to 
        coronavirus; and
            (3) the actual exposure to coronavirus caused the personal 
        injury of the plaintiff.
    (b) Reasonable Efforts To Comply.--
            (1) Conflicting applicable government standards and 
        guidance.--
                    (A) In general.--If more than 1 government to whose 
                jurisdiction an individual or entity is subject issues 
                applicable government standards and guidance, and the 
                applicable government standards and guidance issued by 
                1 or more of the governments conflicts with the 
                applicable government standards and guidance issued by 
                1 or more of the other governments, the individual or 
                entity shall be considered to have made reasonable 
                efforts in light of all the circumstances to comply 
                with the applicable government standards and guidance 
                for purposes of subsection (a)(1) unless the plaintiff 
                establishes by clear and convincing evidence that the 
                individual or entity was not making reasonable efforts 
                in light of all the circumstances to comply with any of 
                the conflicting applicable government standards and 
                guidance issued by any government to whose jurisdiction 
                the individual or entity is subject.
                    (B) Exception.--If mandatory standards and 
                regulations constituting applicable government 
                standards and guidance issued by any government with 
                jurisdiction over the individual or entity conflict 
                with applicable government standards and guidance that 
                are not mandatory and are issued by any other 
                government with jurisdiction over the individual or 
                entity or by the same government that issued the 
                mandatory standards and regulations, the plaintiff may 
                establish that the individual or entity did not make 
                reasonable efforts in light of all the circumstances to 
                comply with the applicable government standards and 
                guidance for purposes of subsection (a)(1) by 
                establishing by clear and convincing evidence that the 
                individual or entity was not making reasonable efforts 
                in light of all the circumstances to comply with the 
                mandatory standards and regulations to which the 
                individual or entity was subject.
            (2) Written or published policy.--
                    (A) In general.--If an individual or entity engaged 
                in businesses, services, activities, or accommodations 
                maintained a written or published policy on the 
                mitigation of transmission of coronavirus at the time 
                of the actual, alleged, feared, or potential for 
                exposure to coronavirus that complied with, or was more 
                protective than, the applicable government standards 
                and guidance to which the individual or entity was 
                subject, the individual or entity shall be presumed to 
                have made reasonable efforts in light of all the 
                circumstances to comply with the applicable government 
                standards and guidance for purposes of subsection 
                (a)(1).
                    (B) Rebuttal.--The plaintiff may rebut the 
                presumption under subparagraph (A) by establishing that 
                the individual or entity was not complying with the 
                written or published policy at the time of the actual, 
                alleged, feared, or potential for exposure to 
                coronavirus.
                    (C) Absence of a written or published policy.--The 
                absence of a written or published policy shall not give 
                rise to a presumption that the individual or entity did 
                not make reasonable efforts in light of all the 
                circumstances to comply with the applicable government 
                standards and guidance for purposes of subsection 
                (a)(1).
            (3) Timing.--For purposes of subsection (a)(1), a change to 
        a policy or practice by an individual or entity before or after 
        the actual, alleged, feared, or potential for exposure to 
        coronavirus, shall not be evidence of liability for the actual, 
        alleged, feared, or potential for exposure to coronavirus.
    (c) Third Parties.--No individual or entity shall be held liable in 
a coronavirus exposure action for the acts or omissions of a third 
party, unless--
            (1) the individual or entity had an obligation under 
        general common law principles to control the acts or omissions 
        of the third party; or
            (2) the third party was an agent of the individual or 
        entity.
    (d) Mitigation.--Changes to the policies, practices, or procedures 
of an individual or entity for complying with the applicable government 
standards and guidance after the time of the actual, alleged, feared, 
or potential for exposure to coronavirus, shall not be considered 
evidence of liability or culpability.

      Subtitle B--Liability Limitations for Health Care Providers

SEC. 141. APPLICATION OF SUBTITLE.

    (a) In General.--
            (1) Cause of action.--
                    (A) In general.--This subtitle creates an exclusive 
                cause of action for coronavirus-related medical 
                liability actions.
                    (B) Liability.--A plaintiff may prevail in a 
                coronavirus-related medical liability action only in 
                accordance with the requirements of this title.
                    (C) Application.--The provisions of this subtitle 
                shall apply to--
                            (i) any cause of action that is a 
                        coronavirus-related medical liability action 
                        that was filed before the date of enactment of 
                        this Act and that is pending on such date of 
                        enactment; and
                            (ii) any coronavirus-related medical 
                        liability action filed on or after such date of 
                        enactment.
            (2) Preservation of liability limits and defenses.--Except 
        as otherwise explicitly provided in this subtitle, nothing in 
        this subtitle expands any liability otherwise imposed or limits 
        any defense otherwise available under Federal, State, or Tribal 
        law.
            (3) Immunity.--Nothing in this subtitle abrogates the 
        immunity of any State, or waives the immunity of any Tribal 
        government. The limitations on liability provided under this 
        subtitle shall control in any action properly filed against a 
        State or Tribal government pursuant to a duly executed waiver 
        by the State or Tribe of sovereign immunity and stating claims 
        within the scope of this subtitle.
    (b) Preemption and Supersedure.--
            (1) In general.--Except as described in paragraphs (2) 
        through (6), this subtitle preempts and supersedes any Federal, 
        State, or Tribal law, including statutes, regulations, rules, 
        or standards that are enacted, promulgated, or established 
        under common law, related to recovery for personal injuries 
        caused by, arising out of, or related to an act or omission by 
        a health care provider in the course of arranging for or 
        providing coronavirus-related health care services.
            (2) Stricter laws not preempted or superseded.--Nothing in 
        this subtitle shall be construed to affect the applicability of 
        any provision of any Federal, State, or Tribal law that imposes 
        stricter limits on damages or liabilities for personal injury 
        caused by, arising out of, or related to an act or omission by 
        a health care provider in the course of arranging for or 
        providing coronavirus-related health care services, or 
        otherwise affords greater protection to defendants in any 
        coronavirus-related medical liability action than are provided 
        in this subtitle. Any such provision of Federal, State, or 
        Tribal law shall be applied in addition to the requirements of 
        this subtitle and not in lieu thereof.
            (3) Enforcement actions.--Nothing in this subtitle shall be 
        construed to impair, limit, or affect the authority of the 
        Federal Government, or of any State, local, or Tribal 
        government to bring any criminal, civil, or administrative 
        enforcement action against any health care provider.
            (4) Discrimination claims.--Nothing in this subtitle shall 
        be construed to affect the applicability of any provision of 
        any Federal, State, or Tribal law that creates a cause of 
        action for intentional discrimination on the basis of race, 
        color, national origin, religion, sex (including pregnancy), 
        disability, genetic information, or age.
            (5) Public readiness and emergency preparedness.--Nothing 
        in this subtitle shall be construed to affect the applicability 
        of section 319F-3 of the Public Health Service Act (42 U.S.C. 
        247d-6d) to any act or omission involving a covered 
        countermeasure, as defined in subsection (i) of such section in 
        arranging for or providing coronavirus-related health care 
        services. Nothing in this subtitle shall be construed to affect 
        the applicability of section 319F-4 of the Public Health 
        Service Act (42 U.S.C. 247d-6e).
            (6) Vaccine injury.--To the extent that title XXI of the 
        Public Health Service Act (42 U.S.C. 300aa-1 et seq.) 
        establishes a Federal rule applicable to a civil action brought 
        for a vaccine-related injury or death, this subtitle does not 
        affect the application of that rule to such an action.
    (c) Statute of Limitations.--A coronavirus-related medical 
liability action may not be commenced in any Federal, State, or Tribal 
government court later than 1 year after the date of the alleged harm, 
damage, breach, or tort, unless tolled for--
            (1) proof of fraud;
            (2) intentional concealment; or
            (3) the presence of a foreign body, which has no 
        therapeutic or diagnostic purpose or effect, in the person of 
        the injured person.

SEC. 142. LIABILITY FOR HEALTH CARE PROFESSIONALS AND HEALTH CARE 
              FACILITIES DURING CORONAVIRUS PUBLIC HEALTH EMERGENCY.

    (a) Requirements for Liability for Coronavirus-related Health Care 
Services.--Notwithstanding any other provision of law, and except as 
provided in subsection (b), no health care provider shall be liable in 
a coronavirus-related medical liability action unless the plaintiff can 
prove by clear and convincing evidence--
            (1) gross negligence or willful misconduct by the health 
        care provider; and
            (2) that the alleged harm, damage, breach, or tort 
        resulting in the personal injury was directly caused by the 
        alleged gross negligence or willful misconduct.
    (b) Exceptions.--For purposes of this section, acts, omissions, or 
decisions resulting from a resource or staffing shortage shall not be 
considered willful misconduct or gross negligence.

   Subtitle C--Substantive and Procedural Provisions for Coronavirus-
                       related Actions Generally

SEC. 161. JURISDICTION.

    (a) Jurisdiction.--The district courts of the United States shall 
have concurrent original jurisdiction of any coronavirus-related 
action.
    (b) Removal.--
            (1) In general.--A coronavirus-related action of which the 
        district courts of the United States have original jurisdiction 
        under subsection (a) that is brought in a State or Tribal 
        government court may be removed to a district court of the 
        United States in accordance with section 1446 of title 28, 
        United States Code, except that--
                    (A) notwithstanding subsection (b)(2)(A) of such 
                section, such action may be removed by any defendant 
                without the consent of all defendants; and
                    (B) notwithstanding subsection (b)(1) of such 
                section, for any cause of action that is a coronavirus-
                related action that was filed in a State court before 
                the date of enactment of this Act and that is pending 
                in such court on such date of enactment, and of which 
                the district courts of the United States have original 
                jurisdiction under subsection (a), any defendant may 
                file a notice of removal of a civil action or 
                proceeding within 30 days of the date of enactment of 
                this Act.
            (2) Procedure after removal.--Section 1447 of title 28, 
        United States Code, shall apply to any removal of a case under 
        paragraph (1), except that, notwithstanding subsection (d) of 
        such section, a court of appeals of the United States shall 
        accept an appeal from an order of a district court granting or 
        denying a motion to remand the case to the State or Tribal 
        government court from which it was removed if application is 
        made to the court of appeals of the United States not later 
        than 10 days after the entry of the order.

SEC. 162. LIMITATIONS ON SUITS.

    (a) Joint and Several Liability Limitations.--
            (1) In general.--An individual or entity against whom a 
        final judgment is entered in any coronavirus-related action 
        shall be liable solely for the portion of the judgment that 
        corresponds to the relative and proportionate responsibility of 
        that individual or entity. In determining the percentage of 
        responsibility of any defendant, the trier of fact shall 
        determine that percentage as a percentage of the total fault of 
        all individuals or entities, including the plaintiff, who 
        caused or contributed to the total loss incurred by the 
        plaintiff.
            (2) Proportionate liability.--
                    (A) Determination of responsibility.--In any 
                coronavirus-related action, the court shall instruct 
                the jury to answer special interrogatories, or, if 
                there is no jury, the court shall make findings with 
                respect to each defendant, including defendants who 
                have entered into settlements with the plaintiff or 
                plaintiffs, concerning the percentage of 
                responsibility, if any, of each defendant, measured as 
                a percentage of the total fault of all individuals or 
                entities who caused or contributed to the loss incurred 
                by the plaintiff.
                    (B) Factors for consideration.--In determining the 
                percentage of responsibility under this subsection, the 
                trier of fact shall consider--
                            (i) the nature of the conduct of each 
                        individual or entity found to have caused or 
                        contributed to the loss incurred by the 
                        plaintiff; and
                            (ii) the nature and extent of the causal 
                        relationship between the conduct of each such 
                        individual or entity and the damages incurred 
                        by the plaintiff.
            (3) Joint liability for specific intent or fraud.--
        Notwithstanding paragraph (1), in any coronavirus-related 
        action the liability of a defendant is joint and several if the 
        trier of fact specifically determines that the defendant--
                    (A) acted with specific intent to injure the 
                plaintiff; or
                    (B) knowingly committed fraud.
            (4) Right to contribution not affected.--Nothing in this 
        subsection affects the right, under any other law, of a 
        defendant to contribution with respect to another defendant 
        determined under paragraph (3) to have acted with specific 
        intent to injure the plaintiff or to have knowingly committed 
        fraud.
    (b) Limitations on Damages.--In any coronavirus-related action--
            (1) the award of compensatory damages shall be limited to 
        economic losses incurred as the result of the personal injury, 
        harm, damage, breach, or tort, except that the court may award 
        damages for noneconomic losses if the trier of fact determines 
        that the personal injury, harm, damage, breach, or tort was 
        caused by the willful misconduct of the individual or entity;
            (2) punitive damages--
                    (A) may be awarded only if the trier of fact 
                determines that the personal injury to the plaintiff 
                was caused by the willful misconduct of the individual 
                or entity; and
                    (B) may not exceed the amount of compensatory 
                damages awarded; and
            (3) the amount of monetary damages awarded to a plaintiff 
        shall be reduced by the amount of compensation received by the 
        plaintiff from another source in connection with the personal 
        injury, harm, damage, breach, or tort, such as insurance or 
        reimbursement by a government.
    (c) Preemption and Supersedure.--
            (1) In general.--Except as described in paragraphs (2) and 
        (3), this section preempts and supersedes any Federal, State, 
        or Tribal law, including statutes, regulations, rules, or 
        standards that are enacted, promulgated, or established under 
        common law, related to joint and several liability, 
        proportionate or contributory liability, contribution, or the 
        award of damages for any coronavirus-related action.
            (2) Stricter laws not preempted or superseded.--Nothing in 
        this section shall be construed to affect the applicability of 
        any provision of any Federal, State, or Tribal law that--
                    (A) limits the liability of a defendant in a 
                coronavirus-related action to a lesser degree of 
                liability than the degree of liability determined under 
                this section;
                    (B) otherwise affords a greater degree of 
                protection from joint or several liability than is 
                afforded by this section; or
                    (C) limits the damages that can be recovered from a 
                defendant in a coronavirus-related action to a lesser 
                amount of damages than the amount determined under this 
                section.
            (3) Public readiness and emergency preparedness.--Nothing 
        in this subtitle shall be construed to affect the applicability 
        of section 319F-3 of the Public Health Service Act (42 U.S.C. 
        247d-6d) to any act or omission involving a covered 
        countermeasure, as defined in subsection (i) of such section in 
        arranging for or providing coronavirus-related health care 
        services. Nothing in this subtitle shall be construed to affect 
        the applicability of section 319F-4 of the Public Health 
        Service Act (42 U.S.C. 247d-6e).

SEC. 163. PROCEDURES FOR SUIT IN DISTRICT COURTS OF THE UNITED STATES.

    (a) Pleading With Particularity.--In any coronavirus-related action 
filed in or removed to a district court of the United States--
            (1) the complaint shall plead with particularity--
                    (A) each element of the plaintiff's claim; and
                    (B) with respect to a coronavirus exposure action, 
                all places and persons visited by the person on whose 
                behalf the complaint was filed and all persons who 
                visited the residence of the person on whose behalf the 
                complaint was filed during the 14-day-period before the 
                onset of the first symptoms allegedly caused by 
                coronavirus, including--
                            (i) each individual or entity against which 
                        a complaint is filed, along with the factual 
                        basis for the belief that such individual or 
                        entity was a cause of the personal injury 
                        alleged; and
                            (ii) every other person or place visited by 
                        the person on whose behalf the complaint was 
                        filed and every other person who visited the 
                        residence of the person on whose behalf the 
                        complaint was filed during such period, along 
                        with the factual basis for the belief that 
                        these persons and places were not the cause of 
                        the personal injury alleged; and
            (2) the complaint shall plead with particularity each 
        alleged act or omission constituting gross negligence or 
        willful misconduct that resulted in personal injury, harm, 
        damage, breach, or tort.
    (b) Separate Statements Concerning the Nature and Amount of Damages 
and Required State of Mind.--
            (1) Nature and amount of damages.--In any coronavirus-
        related action filed in or removed to a district court of the 
        United States in which monetary damages are requested, there 
        shall be filed with the complaint a statement of specific 
        information as to the nature and amount of each element of 
        damages and the factual basis for the damages calculation.
            (2) Required state of mind.--In any coronavirus-related 
        action filed in or removed to a district court of the United 
        States in which a claim is asserted on which the plaintiff may 
        prevail only on proof that the defendant acted with a 
        particular state of mind, there shall be filed with the 
        complaint, with respect to each element of that claim, a 
        statement of the facts giving rise to a strong inference that 
        the defendant acted with the required state of mind.
    (c) Verification and Medical Records.--
            (1) Verification requirement.--
                    (A) In general.--The complaint in a coronavirus-
                related action filed in or removed to a district court 
                of the United States shall include a verification, made 
                by affidavit of the plaintiff under oath, stating that 
                the pleading is true to the knowledge of the deponent, 
                except as to matters specifically identified as being 
                alleged on information and belief, and that as to those 
                matters the plaintiff believes it to be true.
                    (B) Identification of matters alleged upon 
                information and belief.--Any matter that is not 
                specifically identified as being alleged upon the 
                information and belief of the plaintiff, shall be 
                regarded for all purposes, including a criminal 
                prosecution, as having been made upon the knowledge of 
                the plaintiff.
            (2) Materials required.--In any coronavirus-related action 
        filed in or removed to a district court of the United States, 
        the plaintiff shall file with the complaint--
                    (A) an affidavit by a physician or other qualified 
                medical expert who did not treat the person on whose 
                behalf the complaint was filed that explains the basis 
                for such physician's or other qualified medical 
                expert's belief that such person suffered the personal 
                injury, harm, damage, breach, or tort alleged in the 
                complaint; and
                    (B) certified medical records documenting the 
                alleged personal injury, harm, damage, breach, or tort.
    (d) Application With Federal Rules of Civil Procedure.--This 
section applies exclusively to any coronavirus-related action filed in 
or removed to a district court of the United States and, except to the 
extent that this section requires additional information to be 
contained in or attached to pleadings, nothing in this section is 
intended to amend or otherwise supersede applicable rules of Federal 
civil procedure.
    (e) Civil Discovery for Actions in District Courts of the United 
States.--
            (1) Timing.--Notwithstanding any other provision of law, in 
        any coronavirus-related action filed in or removed to a 
        district court of the United States, no discovery shall be 
        allowed before--
                    (A) the time has expired for the defendant to 
                answer or file a motion to dismiss; and
                    (B) if a motion to dismiss is filed, the court has 
                ruled on the motion.
            (2) Standard.--Notwithstanding any other provision of law, 
        the court in any coronavirus-related action that is filed in or 
        removed to a district court of the United States--
                    (A) shall permit discovery only with respect to 
                matters directly related to material issues contested 
                in the coronavirus-related action; and
                    (B) may compel a response to a discovery request 
                (including a request for admission, an interrogatory, a 
                request for production of documents, or any other form 
                of discovery request) under rule 37 of the Federal 
                Rules of Civil Procedure, only if the court finds 
                that--
                            (i) the requesting party needs the 
                        information sought to prove or defend as to a 
                        material issue contested in such action; and
                            (ii) the likely benefits of a response to 
                        such request equal or exceed the burden or cost 
                        for the responding party of providing such 
                        response.
    (f) Interlocutory Appeal and Stay of Discovery.--The courts of 
appeals of the United States shall have jurisdiction of an appeal from 
a motion to dismiss that is denied in any coronavirus-related action in 
a district court of the United States. The district court shall stay 
all discovery in such a coronavirus-related action until the court of 
appeals has disposed of the appeal.
    (g) Class Actions and Multidistrict Litigation Proceedings.--
            (1) Class actions.--In any coronavirus-related action that 
        is filed in or removed to a district court of the United States 
        and is maintained as a class action or multidistrict 
        litigation--
                    (A) an individual or entity shall only be a member 
                of the class if the individual or entity affirmatively 
                elects to be a member; and
                    (B) the court, in addition to any other notice 
                required by applicable Federal or State law, shall 
                direct notice of the action to each member of the 
                class, which shall include--
                            (i) a concise and clear description of the 
                        nature of the action;
                            (ii) the jurisdiction where the case is 
                        pending; and
                            (iii) the fee arrangements with class 
                        counsel, including--
                                    (I) the hourly fee being charged; 
                                or
                                    (II) if it is a contingency fee, 
                                the percentage of the final award which 
                                will be paid, including an estimate of 
                                the total amount that would be paid if 
                                the requested damages were to be 
                                granted; and
                                    (III) if the cost of the litigation 
                                is being financed, a description of the 
                                financing arrangement.
            (2) Multidistrict litigations.--
                    (A) Trial prohibition.--In any coordinated or 
                consolidated pretrial proceedings conducted pursuant to 
                section 1407(b) of title 28, United States Code, the 
                judge or judges to whom coronavirus-related actions are 
                assigned by the Judicial Panel on Multidistrict 
                Litigation may not conduct a trial in a coronavirus-
                related action transferred to or directly filed in the 
                proceedings unless all parties to that coronavirus-
                related action consent.
                    (B) Review of orders.--The court of appeals of the 
                United States having jurisdiction over the transferee 
                district court shall permit an appeal to be taken from 
                any order issued in the conduct of coordinated or 
                consolidated pretrial proceedings conducted pursuant to 
                section 1407(b) of title 28, United States Code, if the 
                order is applicable to 1 or more coronavirus-related 
                actions and an immediate appeal from the order may 
                materially advance the ultimate termination of 1 or 
                more coronavirus-related actions in the proceedings.

SEC. 164. DEMAND LETTERS; CAUSE OF ACTION.

    (a) Cause of Action.--If any person transmits or causes another to 
transmit in any form and by any means a demand for remuneration in 
exchange for settling, releasing, waiving, or otherwise not pursuing a 
claim that is, or could be, brought as part of a coronavirus-related 
action, the party receiving such a demand shall have a cause of action 
for the recovery of damages occasioned by such demand and for 
declaratory judgment in accordance with chapter 151 of title 28, United 
States Code, if the claim for which the letter was transmitted was 
meritless.
    (b) Damages.--Damages available under subsection (a) shall 
include--
            (1) compensatory damages including costs incurred in 
        responding to the demand; and
            (2) punitive damages, if the court determines that the 
        defendant had knowledge or was reckless with regard to the fact 
        that the claim was meritless.
    (c) Attorney's Fees and Costs.--In an action commenced under 
subsection (a), if the plaintiff is a prevailing party, the court 
shall, in addition to any judgment awarded to a plaintiff, allow a 
reasonable attorney's fee to be paid by the defendant, and costs of the 
action.
    (d) Jurisdiction.--The district courts of the United States shall 
have concurrent original jurisdiction of all claims arising under 
subsection (a).
    (e) Enforcement by the Attorney General.--
            (1) In general.--Whenever the Attorney General has 
        reasonable cause to believe that any person or group of persons 
        is engaged in a pattern or practice of transmitting demands for 
        remuneration in exchange for settling, releasing, waiving, or 
        otherwise not pursuing a claim that is, or could be, brought as 
        part of a coronavirus-related action and that is meritless, the 
        Attorney General may commence a civil action in any appropriate 
        district court of the United States.
            (2) Relief.--In a civil action under paragraph (1), the 
        court may, to vindicate the public interest, assess a civil 
        penalty against the respondent in an amount not exceeding 
        $50,000 per transmitted demand for remuneration in exchange for 
        settling, releasing, waiving or otherwise not pursuing a claim 
        that is meritless.
            (3) Distribution of civil penalties.--If the Attorney 
        General obtains civil penalties in accordance with paragraph 
        (2), the Attorney General shall distribute the proceeds 
        equitably among those persons aggrieved by the respondent's 
        pattern or practice of transmitting demands for remuneration in 
        exchange for settling, releasing, waiving or otherwise not 
        pursuing a claim that is meritless.

           Subtitle D--Relation to Labor and Employment Laws

SEC. 181. LIMITATION ON VIOLATIONS UNDER SPECIFIC LAWS.

    (a) In General.--
            (1) Definition.--In this subsection, the term ``covered 
        Federal employment law'' means any of the following:
                    (A) The Occupational Safety and Health Act of 1970 
                (29 U.S.C. 651 et seq.) (including any standard 
                included in a State plan approved under section 18 of 
                such Act (29 U.S.C. 667)).
                    (B) The Fair Labor Standards Act of 1938 (29 U.S.C. 
                201 et seq.).
                    (C) The Age Discrimination in Employment Act of 
                1967 (29 U.S.C. 621 et seq.).
                    (D) The Worker Adjustment and Retraining 
                Notification Act (29 U.S.C. 2101 et seq.).
                    (E) Title VII of the Civil Rights Act of 1964 (42 
                U.S.C. 2000e et seq.).
                    (F) Title II of the Genetic Information 
                Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et 
                seq.).
                    (G) Title I of the Americans with Disabilities Act 
                of 1990 (42 U.S.C. 12111 et seq.).
            (2) Limitation.--Notwithstanding any provision of a covered 
        Federal employment law, in any action, proceeding, or 
        investigation resulting from or related to an actual, alleged, 
        feared, or potential for exposure to coronavirus, or a change 
        in working conditions caused by a law, rule, declaration, or 
        order related to coronavirus, an employer shall not be subject 
        to any enforcement proceeding or liability under any provision 
        of a covered Federal employment law if the employer--
                    (A) was relying on and generally following 
                applicable government standards and guidance;
                    (B) knew of the obligation under the relevant 
                provision; and
                    (C) attempted to satisfy any such obligation by--
                            (i) exploring options to comply with such 
                        obligations and with the applicable government 
                        standards and guidance (such as through the use 
                        of virtual training or remote communication 
                        strategies);
                            (ii) implementing interim alternative 
                        protections or procedures; or
                            (iii) following guidance issued by the 
                        relevant agency with jurisdiction with respect 
                        to any exemptions from such obligation.
    (b) Public Accommodation Laws.--
            (1) Definitions.--In this subsection--
                    (A) the term ``auxiliary aids and services'' has 
                the meaning given the term in section 4 of the 
                Americans with Disabilities Act of 1990 (42 U.S.C. 
                12103);
                    (B) the term ``covered public accommodation law'' 
                means--
                            (i) title III of the Americans with 
                        Disabilities Act of 1990 (42 U.S.C. 12181 et 
                        seq.); or
                            (ii) title II of the Civil Rights Act of 
                        1964 (42 U.S.C. 2000a et seq.);
                    (C) the term ``place of public accommodation'' 
                means--
                            (i) a place of public accommodation, as 
                        defined in section 201 of the Civil Rights Act 
                        of 1964 (42 U.S.C. 2000a); or
                            (ii) a public accommodation, as defined in 
                        section 301 of the Americans with Disabilities 
                        Act of 1990 (42 U.S.C. 12181); and
                    (D) the term ``public health emergency period'' 
                means a period designated a public health emergency 
                period by a Federal, State, or local government 
                authority.
            (2) Actions and measures during a public health 
        emergency.--
                    (A) In general.--Notwithstanding any other 
                provision of law or regulation, during any public 
                health emergency period, no person who owns, leases (or 
                leases to), or operates a place of public accommodation 
                shall be liable under, or found in violation of, any 
                covered public accommodation law for any action or 
                measure taken regarding coronavirus and that place of 
                public accommodation, if such person--
                            (i) has determined that the significant 
                        risk of substantial harm to public health or 
                        the health of employees cannot be reduced or 
                        eliminated by reasonably modifying policies, 
                        practices, or procedures, or the provision of 
                        an auxiliary aid or service; or
                            (ii) has offered such a reasonable 
                        modification or auxiliary aid or service but 
                        such offer has been rejected by the individual 
                        protected by the covered law.
                    (B) Required waiver prohibited.--For purposes of 
                this subsection, no person who owns, leases (or leases 
                to), or operates a place of public accommodation shall 
                be required to waive any measure, requirement, or 
                recommendation that has been adopted in accordance with 
                a requirement or recommendation issued by the Federal 
                Government or any State or local government with regard 
                to coronavirus, in order to offer such a reasonable 
                modification or auxiliary aids and services.

SEC. 182. LIABILITY FOR CONDUCTING TESTING AT WORKPLACE.

    Notwithstanding any other provision of Federal, State, or local 
law, an employer, or other person who hires or contracts with other 
individuals to provide services, conducting testing for coronavirus at 
the workplace shall not be liable for any action or personal injury 
directly resulting from such testing, except for those personal 
injuries caused by the gross negligence or intentional misconduct of 
the employer or other person.

SEC. 183. JOINT EMPLOYMENT AND INDEPENDENT CONTRACTING.

    Notwithstanding any other provision of Federal or State law, 
including any covered Federal employment law (as defined in section 
181(a)), the Labor Management Relations Act, 1947 (29 U.S.C. 141 et 
seq.), the Employment Retirement Income Security Act of 1974 (29 U.S.C. 
1001 et seq.), and the Family and Medical Leave Act of 1993 (29 U.S.C. 
2601 et seq.), it shall not constitute evidence of a joint employment 
relationship or employment relationship for any employer to provide or 
require, for an employee of another employer or for an independent 
contractor, any of the following:
            (1) Coronavirus-related policies, procedures, or training.
            (2) Personal protective equipment or training for the use 
        of such equipment.
            (3) Cleaning or disinfecting services or the means for such 
        cleaning or disinfecting.
            (4) Workplace testing for coronavirus.
            (5) Temporary assistance due to coronavirus, including 
        financial assistance or other health and safety benefits.

SEC. 184. EXCLUSION OF CERTAIN NOTIFICATION REQUIREMENTS AS A RESULT OF 
              THE COVID-19 PUBLIC HEALTH EMERGENCY.

    (a) Definitions.--Section 2(a) of the Worker Adjustment and 
Retraining Notification Act (29 U.S.C. 2101(a)) is amended--
            (1) in paragraph (2), by adding before the semicolon at the 
        end the following: ``and the shutdown, if occurring during the 
        covered period, is not a result of the COVID-19 national 
        emergency'';
            (2) in paragraph (3)--
                    (A) in subparagraph (A), by striking ``and'' at the 
                end;
                    (B) in subparagraph (B), by adding ``and'' at the 
                end; and
                    (C) by adding at the end the following:
                    ``(C) if occurring during the covered period, is 
                not a result of the COVID-19 national emergency;'';
            (3) in paragraph (7), by striking ``and'';
            (4) in paragraph (8), by striking the period at the end and 
        inserting a semicolon; and
            (5) by adding at the end the following:
            ``(9) the term `covered period' means the period that--
                    ``(A) begins on January 1, 2020; and
                    ``(B) ends 90 days after the last date of the 
                COVID-19 national emergency; and
            ``(10) the term `COVID-19 national emergency' means the 
        national emergency declared by the President under the National 
        Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the 
        Coronavirus Disease 2019 (COVID-19).''.
    (b) Exclusion From Definition of Employment Loss.--Section 2(b) of 
the Worker Adjustment and Retraining Notification Act (29 U.S.C. 
2101(b)) is amended by adding at the end the following:
            ``(3) Notwithstanding subsection (a)(6), during the covered 
        period an employee may not be considered to have experienced an 
        employment loss if the termination, layoff exceeding 6 months, 
        or reduction in hours of work of more than 50 percent during 
        each month of any 6-month period involved is a result of the 
        COVID-19 national 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.

    (a) In General.--Section 319F-3(i)(1) of the Public Health Service 
Act (42 U.S.C. 247d-6d(i)(1)) is amended--
            (1) in subparagraph (C), by striking ``; or'' and inserting 
        a semicolon;
            (2) in subparagraph (D), by striking the period and 
        inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(E) a drug (as such term is defined in section 
                201(g)(1) of the Federal Food, Drug, and Cosmetic Act), 
                biological product (including a vaccine) (as such term 
                is defined in section 351(i)), or device (as such term 
                is defined in section 201(h) of the Federal Food, Drug, 
                and Cosmetic Act) that--
                            ``(i) is the subject of a notice of use of 
                        enforcement discretion issued by the Secretary 
                        if such drug, biological product, or device is 
                        used--
                                    ``(I) when such notice is in 
                                effect;
                                    ``(II) within the scope of such 
                                notice; and
                                    ``(III) in compliance with other 
                                applicable requirements of the Federal 
                                Food, Drug, and Cosmetic Act that are 
                                not the subject of such notice;
                            ``(ii) in the case of a device, is exempt 
                        from the requirement under section 510(k) of 
                        the Federal Food, Drug, and Cosmetic Act; or
                            ``(iii) in the case of a drug--
                                    ``(I) meets the requirements for 
                                marketing under a final administrative 
                                order under section 505G of the Federal 
                                Food, Drug, and Cosmetic Act; or
                                    ``(II) is marketed in accordance 
                                with section 505G(a)(3) of such Act.''.
    (b) Clarifying Means of Distribution.--Section 319F-3(a)(5) of the 
Public Health Service Act (42 U.S.C. 247d-6d(a)(5)) is amended by 
inserting ``by, or in partnership with, Federal, State, or local public 
health officials or the private sector'' after ``distribution'' the 
first place it appears.
    (c) No Change to Administrative Procedure Act Application to 
Enforcement Discretion Exercise.--Section 319F-3 of the Public Health 
Service Act (42 U.S.C. 247d-6d) is amended by adding at the end the 
following:
    ``(j) Rule of Construction.--Nothing in this section shall be 
construed--
            ``(1) to require use of procedures described in section 553 
        of title 5, United States Code, for a notice of use of 
        enforcement discretion for which such procedures are not 
        otherwise required; or
            ``(2) to affect whether such notice constitutes final 
        agency action within the meaning of section 704 of title 5, 
        United States Code.''.

                     TITLE III--GENERAL PROVISIONS

SEC. 301. SEVERABILITY.

    If any provision of this Act, an amendment made by this Act, or the 
application of such a provision or amendment to any person or 
circumstance is held to be unconstitutional, the remaining provisions 
of and amendments made by this Act, as well as the application of such 
provision or amendment to any person other than the parties to the 
action holding the provision or amendment to be unconstitutional, or to 
any circumstances other than those presented in such action, shall not 
be affected thereby.
                                 <all>