Protecting Reopening Businesses Recovering from COVID–19 Act

I 117TH CONGRESS 1ST SESSION H. R. 1101 To exempt certain businesses from liability arising from claims relating to an individual contracting COVID–19 as a result of patronizing a business or healthcare entity. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 18, 2021 Mr. BUDD introduced the following bill; which was referred to the Committee on the Judiciary A BILL To exempt certain businesses from liability arising from claims relating to an individual contracting COVID–19 as a result of patronizing a business or healthcare entity. 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. 3 This Act may be cited as the ‘‘Protecting Reopening 4 Businesses Recovering from COVID–19 Act’’. 5 SEC. 2. PURPOSE. 6 The purpose of this Act is to provide for an exemp- 7 tion from liability arising from claims arising from an indi- 8 vidual contracting of COVID–19 as a result of patronage 9 VerDate Sep 11 2014 23:06 Mar 12, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1101.IH H1101 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 1101 IH of a business or health care entity during such time as 1 a national health emergency exists. 2 SEC. 3. DEFINITIONS. 3 (1) BUSINESS.—The term ‘‘business’’— 4 (A) means any entity organized as corpora- 5 tion, partnership, limited liability corporation, 6 limited liability partnership, sole proprietorship, 7 farming cooperative, or any other corporate 8 structure recognized by the State in which the 9 business is domiciled; and 10 (B) includes any nonprofit organization or 11 educational institution. 12 (2) COVERED INDIVIDUAL.—The term ‘‘covered 13 individual’’ means— 14 (A) any invitee or licensee, as defined by 15 the tort law of the State in which the business 16 or COVID–19 medical entity is domiciled or 17 does business; 18 (B) any employee, contractor, or other in- 19 dividual providing services to a business or 20 COVID–19 medical entity; or 21 (C) any other person who enters or other- 22 wise visits or avails themselves of the services 23 provided by a business or COVID–19 medical 24 entity. 25 VerDate Sep 11 2014 23:06 Mar 12, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1101.IH H1101 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 1101 IH (3) COVERED PERIOD.—The term ‘‘covered pe- 1 riod’’ means the public health emergency declared by 2 the Secretary of Health and Human Services under 3 section 319 of the Public Health Service Act (42 4 U.S.C. 247d) on January 31, 2020, with respect to 5 COVID–19. 6 (4) COVID–19 ACTION.—The term ‘‘COVID– 7 19 action’’— 8 (A) means any civil action commenced in 9 any Federal or State court in which the alleged 10 harm or injury to the plaintiff arises from or is 11 related to the actual or potential contracting in- 12 fection of COVID–19 or SARS–CoV–2; and 13 (B) does not include any action brought by 14 a government entity in a regulatory, super- 15 visory, or enforcement capacity. 16 (5) COVID–19 MEDICAL ENTITY.—The term 17 ‘‘COVID–19 medical entity’’ means any business or 18 governmental institution that provides healthcare re- 19 lated services for COVID–19, including treating, 20 testing, or transportation of COVID–19 patients, 21 manufacturing or distribution of personal protective 22 equipment, and manufacturing, distributing, or test- 23 ing of other healthcare equipment. 24 VerDate Sep 11 2014 23:06 Mar 12, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1101.IH H1101 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 1101 IH (6) DAMAGES.—The term ‘‘damages’’ means 1 any punitive, compensatory, or general damages re- 2 coverable under any State or Federal law. 3 SEC. 4. LIABILITY EXEMPTION FOR BUSINESSES AND 4 COVID–19 MEDICAL ENTITIES. 5 (a) IN GENERAL.—During the covered period, no 6 business or COVID–19 medical entity shall be liable for 7 any damages arising from a claim arising from or relating 8 from an individual’s contracting of COVID–19 if the busi- 9 ness or COVID–19 medical entity was— 10 (1) operating in a fashion consistent with any 11 applicable State or Federal guidelines or require- 12 ments on reopening; and 13 (2) using measures outlined by the Centers for 14 Disease Control and Prevention or any other State 15 or Federal agency to mitigate the potential spread of 16 COVID–19, including requiring individuals to wear 17 face coverings, sanitizing the workplace, practicing 18 social distancing, and using temperature checks. 19 (b) EXCEPTION.—Subsection (a) shall not apply to 20 a business or COVID–19 medical entity that a court has 21 determined to have acted grossly negligent. 22 Æ VerDate Sep 11 2014 23:06 Mar 12, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H1101.IH H1101 pamtmann on DSKBC07HB2PROD with BILLS