Protecting Reopening Businesses Recovering from COVID–19 Act

II 116TH CONGRESS 2D SESSION S. 3915 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 SENATE OF THE UNITED STATES JUNE 8, 2020 Mrs. LOEFFLER introduced the following bill; which was read twice and 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. FINDINGS AND PURPOSE. 6 (a) FINDINGS.—Congress finds the following: 7 (1) COVID–19 is a highly contagious infectious 8 disease caused by the virus SARS–CoV–2 with more 9 VerDate Sep 11 2014 05:23 Jun 26, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3915.IS S3915 ctelli on DSK30NT082PROD with BILLS 2 •S 3915 IS than 6,000,000 people worldwide, and more than 1 1,900,000 people in the United States, infected. 2 (2) To flatten the infection curve, the United 3 States encouraged individuals to practice social 4 distancing and States issued stay-at-home orders to 5 enforce social distancing. 6 (3) The necessary measures taken to flatten the 7 curve resulted in the closure or severe reduction in 8 operations of numerous businesses, including res- 9 taurants, retailers, and hospitality industry business. 10 (4) The closure and reduction in operations of 11 these business precipitated a significant reduction of 12 economic activity and strained the long term health 13 of many businesses. 14 (5) The measures taken appear to have flat- 15 tened the infection curve and States have begun to 16 reopen. 17 (6) Health experts agree that COVID–19 re- 18 mains a highly infectious disease. 19 (7) As businesses reopen and customers begin 20 to patronize them there presents a risk of trans- 21 mission despite mitigation efforts taken by busi- 22 nesses. 23 (8) Businesses already strained by prior mitiga- 24 tion efforts cannot afford further economic strain re- 25 VerDate Sep 11 2014 05:23 Jun 26, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3915.IS S3915 ctelli on DSK30NT082PROD with BILLS 3 •S 3915 IS sulting from civil tort claims stemming from cus- 1 tomers and patrons contracting COVID–19. 2 (9) Therefore, it is necessary to provide busi- 3 nesses and healthcare providers with an exemption 4 from liability for claims arising from or relating to 5 individuals contracting COVID–19. 6 (b) PURPOSE.—The purpose of this Act is to provide 7 for an exemption from liability arising from claims arising 8 from an individual contracting of COVID–19 as a result 9 of patronage of a business or health care entity during 10 such time as a national health emergency exists. 11 SEC. 3. DEFINITIONS. 12 (1) BUSINESS.—The term ‘‘business’’— 13 (A) means any entity organized as corpora- 14 tion, partnership, limited liability corporation, 15 limited liability partnership, sole proprietorship, 16 farming cooperative, or any other corporate 17 structure recognized by the State in which the 18 business is domiciled; and 19 (B) includes any nonprofit organization or 20 educational institution. 21 (2) COVERED INDIVIDUAL.—The term ‘‘covered 22 individual’’ means— 23 (A) any invitee or licensee, as defined by 24 the tort law of the State in which the business 25 VerDate Sep 11 2014 05:23 Jun 26, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3915.IS S3915 ctelli on DSK30NT082PROD with BILLS 4 •S 3915 IS or COVID–19 medical entity is domiciled or 1 does business; 2 (B) any employee, contractor, or other in- 3 dividual providing services to a business or 4 COVID–19 medical entity; or 5 (C) any other person who enters or other- 6 wise visits or avails themselves of the services 7 provided by a business or COVID–19 medical 8 entity. 9 (3) COVERED PERIOD.—The term ‘‘covered pe- 10 riod’’ means the public health emergency declared by 11 the Secretary of Health and Human Services under 12 section 319 of the Public Health Service Act (42 13 U.S.C. 247d) on January 31, 2020, with respect to 14 COVID–19. 15 (4) COVID–19 ACTION.—The term ‘‘COVID– 16 19 action’’— 17 (A) means any civil action commenced in 18 any Federal or State court in which the alleged 19 harm or injury to the plaintiff arises from or is 20 related to the actual or potential contracting in- 21 fection of COVID–19 or SARS–CoV–2; and 22 (B) does not include any action brought by 23 a government entity in a regulatory, super- 24 visory, or enforcement capacity. 25 VerDate Sep 11 2014 05:23 Jun 26, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3915.IS S3915 ctelli on DSK30NT082PROD with BILLS 5 •S 3915 IS (5) COVID–19 MEDICAL ENTITY.—Any busi- 1 ness or governmental institution that provides 2 healthcare related services for COVID–19, including 3 treating, testing, or transportation of COVID–19 4 patients, manufacturing or distribution of personal 5 protective equipment, and manufacturing, distrib- 6 uting, or testing of other healthcare equipment. 7 (6) DAMAGES.—The term ‘‘damages’’ means 8 any punitive, compensatory, or general damages re- 9 coverable under any State or Federal law. 10 SEC. 4. LIABILITY EXEMPTION FOR BUSINESSES AND 11 COVID–19 MEDICAL ENTITIES. 12 (a) IN GENERAL.—During the covered period, no 13 business or COVID–19 medical entity shall be liable for 14 any damages arising from a claim arising from or relating 15 from an individual’s contracting of COVID–19 if the busi- 16 ness or COVID–19 medical entity was— 17 (1) operating in a fashion consistent with any 18 applicable State or Federal guidelines or require- 19 ments on reopening; and 20 (2) using measures outlined by the Center for 21 Disease Control and Prevention any other State or 22 Federal agency to mitigate the potential spread of 23 COVID–19, including requiring individuals to wear 24 VerDate Sep 11 2014 05:23 Jun 26, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3915.IS S3915 ctelli on DSK30NT082PROD with BILLS 6 •S 3915 IS face coverings, sanitizing the workplace, practicing 1 social distancing, and using temperature checks. 2 (b) EXCEPTION.—Subsection (a) shall not apply to 3 a business or COVID–19 medical entity that a court has 4 determined to have acted grossly negligent. 5 Æ VerDate Sep 11 2014 05:23 Jun 26, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\S3915.IS S3915 ctelli on DSK30NT082PROD with BILLS