S.Amdt. 2565

SA 2565. Mr. CORNYN (for himself and Mr. McConnell) submitted an
amendment intended to be proposed to amendment SA 2499 proposed by Mr.
McConnell to the bill S. 178, to condemn gross human rights violations
of ethnic Turkic Muslims in Xinjiang, and calling for an end to
arbitrary detention, torture, and harassment of these communities
inside and outside China; which was ordered to lie on the table; as
follows:

At the end, add the following:

TITLE II--SAFE TO WORK

SEC. 201. SHORT TITLE.

This title 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''.

SEC. 202. 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

[[Page S4875]]

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 title 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. 203. DEFINITIONS.

In this title:
(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.

[[Page S4876]]

(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.

Subtitle A--Liability Relief

PART I--LIABILITY LIMITATIONS FOR INDIVIDUALS AND ENTITIES ENGAGED IN
BUSINESSES, SERVICES, ACTIVITIES, OR ACCOMMODATIONS

SEC. 211. APPLICATION OF PART.

(a) Cause of Action; Tribal Sovereign Immunity.--
(1) Cause of action.--
(A) In general.--This part 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 subtitle.
(C) Application.--The provisions of this part 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 part, nothing in
this part expands any liability otherwise imposed or limits
any defense otherwise available under Federal, State, or
Tribal law.
(3) Immunity.--Nothing in this part abrogates the immunity
of any State, or waives the immunity of any Tribal
government. The limitations on liability provided under this
part 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 part.
(b) Preemption and Supersedure.--
(1) In general.--Except as described in paragraphs (2)
through (6), this part 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 part 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 part. Any such provision of Federal, State,
or Tribal law shall be applied in addition to the
requirements of this part and not in lieu thereof.
(3) Workers' compensation laws not preempted or
superseded.--Nothing in this part 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 part 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 part 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 part 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.

[[Page S4877]]

SEC. 212. 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.

PART II--LIABILITY LIMITATIONS FOR HEALTH CARE PROVIDERS

SEC. 221. APPLICATION OF PART.

(a) In General.--
(1) Cause of action.--
(A) In general.--This part 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 subtitle.
(C) Application.--The provisions of this part 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 part, nothing in
this part expands any liability otherwise imposed or limits
any defense otherwise available under Federal, State, or
Tribal law.
(3) Immunity.--Nothing in this part abrogates the immunity
of any State, or waives the immunity of any Tribal
government. The limitations on liability provided under this
part 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 part.
(b) Preemption and Supersedure.--
(1) In general.--Except as described in paragraphs (2)
through (6), this part 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 part 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 part. Any such provision of
Federal, State, or Tribal law shall be applied in addition to
the requirements of this part and not in lieu thereof.
(3) Enforcement actions.--Nothing in this part 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 part 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 part 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 part 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 part 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. 222. 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.

[[Page S4878]]

PART III--SUBSTANTIVE AND PROCEDURAL PROVISIONS FOR CORONAVIRUS-RELATED
ACTIONS GENERALLY

SEC. 231. 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. 232. 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 part 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 part shall be construed to affect
the applicability of section 319F-4 of the Public Health
Service Act (42 U.S.C. 247d-6e).

SEC. 233. 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

[[Page S4879]]

(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. 234. 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.

PART IV--RELATION TO LABOR AND EMPLOYMENT LAWS

SEC. 241. 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

[[Page S4880]]

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. 242. 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. 243. JOINT EMPLOYMENT AND INDEPENDENT CONTRACTING.

Notwithstanding any other provision of Federal or State
law, including any covered Federal employment law (as defined
in section 241(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. 244. 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.''.

Subtitle B--Products

SEC. 261. 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.''.

Subtitle C--General Provisions

SEC. 281. SEVERABILITY.

If any provision of this title, an amendment made by this
title, 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
title, 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.
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