,,ii #aafth ,,congress #b;d ,session ,s4 #dcag ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bg1 #bjbj,mr4 ,cornyn 7for himself and ,mr4 ,mc,connell7 introduced the following bill2 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-#ai while preserving the ability of individuals and businesses that have suffered real injury to obtain complete relief4 #a4 ,short title2 table of contents 7a7 ,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 ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,findings and purposes4,sec4 #c4 ,definitions4,,title ,i--,liability relief,subtitle ,a--,liability limitations for individuals and entities engaged in businesses1 services1 activities1 or accommodations,sec4 #aba4 ,application of subtitle4,sec4 #abb4 ,liability2 safe harbor4,subtitle ,b--,liability limitations for health care providers,sec4 #ada4 ,application of subtitle4,sec4 #adb4 ,liability for health care professionals and health care facilities during coronavirus public health emergency4,subtitle ,c--,substantive and procedural provisions for coronavirus-related actions generally,sec4 #afa4 ,jurisdiction4,sec4 #afb4 ,limitations on suits4,sec4 #afc4 ,procedures for suit in district courts of the ,united ,states4,sec4 #afd4 ,demand letters2 cause of action4,subtitle ,d--,relation to labor and employment laws,sec4 #aha4 ,limitation on violations under specific laws4,sec4 #ahb4 ,liability for conducting testing at workplace4,sec4 #ahc4 ,joint employment and independent contracting4,sec4 #ahd4 ,exclusion of certain notification requirements as a result of the ,,covid-#ai public health emergency4,,title ,,ii--,products,sec4 #bja4 ,applicability of the targeted liability protections for pandemic and epidemic products and security countermeasures with respect to ,,covid-#ai4,,title ,,iii--,general provisions,sec4 #cja4 ,severability4 #b4 ,findings and purposes 7a7 ,findings ,congress finds the following3 7#a7 ,the ,,sars-,co,v-#b virus that originated in ,china and causes the disease ,,covid-#ai has caused untold misery and devastation throughout the world1 including in the ,united ,states4 7#b7 ,for months1 frontline health care workers and health care facilities have fought the virus with courage and resolve4 ,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 time4 ,they risked their personal health and wellbeing to protect and treat their patients4 7#c7 ,businesses in the ,united ,states kicked into action to produce and procure personal protective equipment1 such as masks1 gloves1 face shields1 and hand sanitizer1 and other necessary medical supplies1 such as ventilators1 at unprecedented rates4 7#d7 ,to halt the spread of the disease1 ,state and local governments took drastic measures4 ,they shut down small and large businesses1 schools1 colleges and universities1 religious1 philanthropic and other nonprofit institutions1 and local government agencies4 ,they ordered people to remain in their homes4 7#e7 ,this standstill was needed to slow the spread of the virus4 ,but it devastated the economy of the ,united ,states4 ,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 halt4 7#f7 ,this halt led to the loss of millions of jobs4 ,these lost jobs were not a natural consequence of the economic environment1 but rather the result of a drastic1 though temporary1 response to the unprecedented nature of this global pandemic4 7#g7 ,congress passed a series of statutes to address the health care and economic crises--the ,coronavirus ,preparedness and ,response ,supplemental ,appropriations ,act1 #bjbj 7,public ,law #aaf-abc2 #acd ,stat4 #adf71 the ,families ,first ,coronavirus ,response ,act 7,public ,law #aaf-abg2 #acd ,stat4 #agh71 the ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act or the ,,cares ,act 7,public ,law #aaf-acf71 and the ,paycheck ,protection ,program and ,health ,care ,enhancement ,act 7,public ,law #aaf-aci2 #acd ,stat4 #fbj74 ,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 workers1 businesses1 ,state and local governments1 health care workers1 and patients4 7#h7 ,this legislation provided short-term insulation from the worst of the economic storm1 but these laws alone cannot protect the ,united ,states from further devastation4 ,only reopening the economy so that workers can get back to work and students can get back to school can accomplish that goal4 7#i7 ,the ,constitution of the ,united ,states specifically enumerates the legislative powers of ,congress4 ,one of those powers is the regulation of interstate commerce4 ,the ,government is not a substitute for the economy1 but it has the authority and the duty to act when interstate commerce is threatened and damaged4 ,as applied to the present crisis1 ,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 ,states4 ,these include small and large businesses1 schools 7which are substantial employers in their own right and provide necessary services to enable parents and other caregivers to return to work71 colleges and universities 7which are substantial employers and supply the interstate market for higher-education services71 religious1 philanthropic and other nonprofit institutions 7which are substantial employers and provide necessary services to their communities71 and local government agencies4 7#aj7 ,congress must also ensure that the ,nation's health care workers and health care facilities are able to act fully to defeat the virus4 7#aa7 ,congress must also safeguard its investment of taxpayer dollars under the ,,cares ,act and other coronavirus legislation4 ,congress must ensure that those funds are used to help businesses and workers survive and recover from the economic crisis1 and to help health care workers and health care facilities defeat the virus4 ,,cares ,act funds cannot be diverted from these important purposes to line the pockets of the trial bar4 7#ab7 ,one of the chief impediments to the continued flow of interstate commerce as this public-health crisis has unfolded is the risk of litigation4 ,small and large businesses1 schools1 colleges and universities1 religious1 philanthropic and other nonprofit institutions1 and local government agencies confront the risk of a tidal wave of lawsuits accusing them of exposing employees1 customers1 students1 and worshipers to coronavirus4 ,health care workers face the threat of lawsuits arising from their efforts to fight the virus4 7#ac7 ,they confront this litigation risk even as they work tirelessly to comply with the coronavirus guidance1 rules1 and regulations issued by local governments1 ,state governments1 and the ,federal ,government4 ,they confront this risk notwithstanding equipment and staffing shortages4 ,and they confront this risk while also grappling with constantly changing information on how best to protect employees1 customers1 students1 and worshipers from the virus1 and how best to treat it4 7#ad7 ,these lawsuits pose a substantial risk to interstate commerce because they threaten to keep small and large businesses1 schools1 colleges and universities1 religious1 philanthropic and other nonprofit institutions1 and local government agencies from reopening for fear of expensive litigation that might prove to be meritless4 ,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 circumstances4 7#ae7 ,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 lawyers4 7#af7 ,this risk is not purely local4 ,it is necessarily national in scale4 ,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 recovery4 ,the aggregation of each individual potential liability risk poses a substantial and unprecedented threat to interstate commerce4 7#ag7 ,the accumulated economic risks for these potential defendants directly and substantially affects interstate commerce4 ,individuals and entities potentially subject to coronavirus-related liability will structure their decisionmaking to avoid that liability4 ,small and large businesses1 schools1 colleges and universities1 religious1 philanthropic and other nonprofit institutions1 and local government agencies may decline to reopen because of the risk of litigation4 ,they may limit their output or engagement with customers and communities to avoid the risk of litigation4 ,these individual economic decisions substantially affect interstate commerce because1 as a whole1 they will prevent the free and fair exchange of goods and services across ,state lines4 ,such economic activity that1 individually and in the aggregate1 substantially affects interstate commerce is precisely the sort of conduct that should be subject to congressional regulation4 7#ah7 ,lawsuits against health care workers and facilities pose a similarly dangerous risk to interstate commerce4 ,interstate commerce will not truly rebound from this crisis until the virus is defeated1 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 coronavirus4 7#ai7 ,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 courtrooms4 7#bj7 ,such a diversion would substantially affect interstate commerce by degrading the national capacity for combating the virus and saving patients1 thereby substantially elongating the period before interstate commerce could fully re-engage4 7#ba7 ,congress also has the authority to determine the jurisdiction of the courts of the ,united ,states1 to set the standards for causes of action they can hear1 and to establish the rules by which those causes of action should proceed4 ,congress therefore must act to set rules governing liability in coronavirus-related lawsuits4 7#bb7 ,these rules necessarily must be temporary and carefully tailored to the interstate crisis caused by the coronavirus pandemic4 ,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-suited4 7#bc7 ,because of the national scope of the economic and health care dangers posed by the risks of coronavirus-related lawsuits1 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 ,states4 7#bd7 ,because ,congress must safeguard the investment of taxpayer dollars it made in the ,,cares ,act and other coronavirus legislation1 and ensure that they are used for their intended purposes and not diverted for other purposes1 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 ,states4 7b7 ,purposes ,pursuant to the powers delegated to ,congress by article ,i1 section #h1 clauses #a1 #c1 #i1 and #ah1 and article ,,iii1 section #b1 clause #a of the ,constitution of the ,united ,states1 the purposes of this ,act are to-- 7#a7 establish necessary and consistent standards for litigating certain claims specific to the unique coronavirus pandemic2 7#b7 prevent the overburdening of the court systems with undue litigation2 7#c7 encourage planning1 care1 and appropriate risk management by small and large businesses1 schools1 colleges and universities1 religious1 philanthropic and other nonprofit institutions1 local government agencies1 and health care providers2 7#d7 ensure that the ,nation's recovery from the coronavirus economic crisis is not burdened or slowed by the substantial risk of litigation2 7#e7 prevent litigation brought to extract settlements and enrich trial lawyers rather than vindicate meritorious claims2 7#f7 protect interstate commerce from the burdens of potentially meritless litigation2 7#g7 ensure the economic recovery proceeds without artificial and unnecessary delay2 7#h7 protect the interests of the taxpayers by ensuring that emergency taxpayer support continues to aid businesses1 workers1 and health care providers rather than enrich trial lawyers2 and 7#i7 protect the highest and best ideals of the national economy1 so businesses can produce and serve their customers1 workers can work1 teachers can teach1 students can learn1 and believers can worship4 #c4 ,definitions ,in this ,act3 7#a7 ,applicable government standards and guidance ,the term applicable government standards and guidance means-- 7,a7 any mandatory standards or regulations specifically concerning the prevention or mitigation of the transmission of coronavirus issued by the ,federal ,government1 or a ,state or local government with jurisdiction over an individual or entity1 whether provided by executive1 judicial1 or legislative order2 and 7,b7 with respect to an individual or entity that1 at the time of the actual1 alleged1 feared1 or potential for exposure to coronavirus is not subject to any mandatory standards or regulations described in subparagraph 7,a71 any guidance1 standards1 or regulations specifically concerning the prevention or mitigation of the transmission of coronavirus issued by the ,federal ,government1 or a ,state or local government with jurisdiction over the individual or entity4 7#b7 ,businesses1 services1 activities1 or accommodations ,the term businesses1 services1 activities1 or accommodations means any act by an individual or entity1 irrespective of whether the act is carried on for profit1 that is interstate or foreign commerce1 that involves persons or things in interstate or foreign commerce1 that involves the channels or instrumentalities of interstate or foreign commerce1 that substantially affects interstate or foreign commerce1 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 welfare4 7#c7 ,coronavirus ,the term coronavirus means any disease1 health condition1 or threat of harm caused by the ,,sars-,co,v-#b virus or a virus mutating therefrom4 7#d7 ,coronavirus exposure action 7,a7 ,in general ,the term coronavirus exposure action means a civil action-- 7i7 brought by a person who suffered personal injury or is at risk of suffering personal injury1 or a representative of a person who suffered personal injury or is at risk of suffering personal injury2 7ii7 brought against an individual or entity engaged in businesses1 services1 activities1 or accommodations2 and 7iii7 alleging that an actual1 alleged1 feared1 or potential for exposure to coronavirus caused the personal injury or risk of personal injury1 that-- 7,i7 occurred in the course of the businesses1 services1 activities1 or accommodations of the individual or entity2 and 7,,ii7 occurred-- 7aa7 on or after ,december #a1 #bjai2 and 7bb7 before the later of-- 7,,aa7 ,october #a1 #bjbd2 or 7,,bb7 the date on which there is no declaration by the ,secretary of ,health and ,human ,services under section #cai;,f-#c7;b7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d-#f;d7b77 7relating to medical countermeasures7 that is in effect with respect to coronavirus1 including the ,declaration ,under the ,public ,readiness and ,emergency ,preparedness ,act for ,medical ,countermeasures ,against ,,covid-#ai 7#he ,fed4 ,reg4 #aeaih7 issued by the ,secretary of ,health and ,human ,services on ,march #ag1 #bjbj4 7,b7 ,exclusions ,the term coronavirus exposure action does not include-- 7i7 a criminal1 civil1 or administrative enforcement action brought by the ,federal ,government or any ,state1 local1 or ,tribal government2 or 7ii7 a claim alleging intentional discrimination on the basis of race1 color1 national origin1 religion1 sex 7including pregnancy71 disability1 genetic information1 or age4 7#e7 ,coronavirus-related action ,the term coronavirus-related action means a coronavirus exposure action or a coronavirus-related medical liability action4 7#f7 ,coronavirus-related health care services ,the term coronavirus-related health care services means services provided by a health care provider1 regardless of the location where the services are provided1 that relate to-- 7,a7 the diagnosis1 prevention1 or treatment of coronavirus2 7,b7 the assessment or care of an individual with a confirmed or suspected case of coronavirus2 or 7,c7 the care of any individual who is admitted to1 presents to1 receives services from1 or resides at1 a health care provider for any purpose during the period of a ,federal emergency declaration concerning coronavirus1 if such provider's decisions or activities with respect to such individual are impacted as a result of coronavirus4 7#g7 ,coronavirus-related medical liability action 7,a7 ,in general ,the term coronavirus-related medical liability action means a civil action-- 7i7 brought by a person who suffered personal injury1 or a representative of a person who suffered personal injury2 7ii7 brought against a health care provider2 and 7iii7 alleging any harm1 damage1 breach1 or tort resulting in the personal injury alleged to have been caused by1 be arising out of1 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-- 7,i7 on or after ,december #a1 #bjai2 and 7,,ii7 before the later of-- 7aa7 ,october #a1 #bjbd2 or 7bb7 the date on which there is no declaration by the ,secretary of ,health and ,human ,services under section #cai;,f-#c7;b7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d-#f;d7b77 7relating to covered countermeasures7 that is in effect with respect to coronavirus1 including the ,declaration ,under the ,public ,readiness and ,emergency ,preparedness ,act for ,medical ,countermeasures ,against ,,covid-#ai 7#he ,fed4 ,reg4 #aeaih7 issued by the ,secretary of ,health and ,human ,services on ,march #ag1 #bjbj4 7,b7 ,exclusions ,the term coronavirus-related medical liability action does not include-- 7i7 a criminal1 civil1 or administrative enforcement action brought by the ,federal ,government or any ,state1 local1 or ,tribal government2 or 7ii7 a claim alleging intentional discrimination on the basis of race1 color1 national origin1 religion1 sex 7including pregnancy71 disability1 genetic information1 or age4 7#h7 ,employer ,the term employer-- 7,a7 means any person serving as an employer or acting directly in the interest of an employer in relation to an employee2 7,b7 includes a public agency2 and 7,c7 does not include any labor organization 7other than when acting as an employer7 or any person acting in the capacity of officer or agent of such labor organization4 7#i7 ,government ,the term government means an agency1 instrumentality1 or other entity of the ,federal ,government1 a ,state government 7including multijurisdictional agencies1 instrumentalities1 and entities71 a local government1 or a ,tribal government4 7#aj7 ,gross negligence ,the term gross negligence means a conscious1 voluntary act or omission in reckless disregard of-- 7,a7 a legal duty2 7,b7 the consequences to another party2 and 7,c7 applicable government standards and guidance4 7#aa7 ,harm ,the term harm includes-- 7,a7 physical and nonphysical contact that results in personal injury to an individual2 and 7,b7 economic and noneconomic losses4 7#ab7 ,health care provider 7,a7 ,in general ,the term health care provider means any person1 including an agent1 volunteer 7subject to subparagraph 7,c771 contractor1 employee1 or other entity1 who is-- 7i7 required by ,federal or ,state law to be licensed1 registered1 or certified to provide health care and is so licensed1 registered1 or certified 7or is exempt from any such requirement72 7ii7 otherwise authorized by ,federal or ,state law to provide care 7including services and supports furnished in a home or community-based residential setting under the ,state ,medicaid program or a waiver of that program72 or 7iii7 considered under applicable ,federal or ,state law to be a health care provider1 health care professional1 health care institution1 or health care facility4 7,b7 ,inclusion of administrators1 supervisors1 etc ,the term health care provider includes a health care facility administrator1 executive1 supervisor1 board member or trustee1 or another individual responsible for directing1 supervising1 or monitoring the provision of coronavirus-related health care services in a comparable role4 7,c7 ,inclusion of volunteers ,the term health care provider includes volunteers that meet the following criteria3 7i7 ,the volunteer is a health care professional providing coronavirus-related health care services4 7ii7 ,the act or omission by the volunteer occurs-- 7,i7 in the course of providing health care services2 7,,ii7 in the health care professional's capacity as a volunteer2 7,,iii7 in the course of providing health care services that-- 7aa7 are within the scope of the license1 registration1 or certification of the volunteer1 as defined by the ,state of licensure1 registration1 or certification2 and 7bb7 do not exceed the scope of license1 registration1 or certification of a substantially similar health professional in the ,state in which such act or omission occurs2 and 7,,iv7 in a good-faith belief that the individual being treated is in need of health care services4 7#ac7 ,individual or entity ,the term individual or entity means-- 7,a7 any natural person1 corporation1 company1 trade1 business1 firm1 partnership1 joint stock company1 educational institution1 labor organization1 or similar organization or group of organizations2 7,b7 any nonprofit organization1 foundation1 society1 or association organized for religious1 charitable1 educational1 or other purposes2 or 7,c7 any ,state1 ,tribal1 or local government4 7#ad7 ,local government ,the term local government means any unit of government within a ,state1 including a-- 7,a7 county2 7,b7 borough2 7,c7 municipality2 7,d7 city2 7,e7 town2 7,f7 township2 7,g7 parish2 7,h7 local public authority1 including any public housing agency under the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg et seq472 7,i7 special district2 7,j7 school district2 7,k7 intrastate district2 7,l7 council of governments1 whether or not incorporated as a nonprofit corporation under ,state law2 and 7,m7 agency or instrumentality of-- 7i7 multiple units of local government 7including units of local government located in different ,states72 or 7ii7 an intra-,state unit of local government4 7#ae7 ,mandatory ,the term mandatory1 with respect to standards or regulations1 means the standards or regulations are themselves enforceable by the issuing government through criminal1 civil1 or administrative action4 7#af7 ,personal injury ,the term personal injury-- 7,a7 means actual or potential physical injury to an individual or death caused by a physical injury2 and 7,b7 includes mental suffering1 emotional distress1 or similar injuries suffered by an individual in connection with a physical injury4 7#ag7 ,state ,the term ,state-- 7,a7 means any ,state of the ,united ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,northern ,mariana ,islands1 the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 and any other territory or possession of the ,united ,states1 and any political subdivision or instrumentality thereof2 and 7,b7 includes any agency or instrumentality of #b or more of the entities described in subparagraph 7,a74 7#ah7 ,tribal government 7,a7 ,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 #ajd7;a7 of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eaca7;a774 7,b7 ,inclusion ,the term ,tribal government includes any subdivision 7regardless of the laws and regulations of the jurisdiction in which the subdivision is organized or incorporated7 of a governing body described in subparagraph 7,a7 that-- 7i7 is wholly owned by that governing body2 and 7ii7 has been delegated the right to exercise #a or more substantial governmental functions of the governing body4 7#ai7 ,willful misconduct ,the term willful misconduct means an act or omission that is taken-- 7,a7 intentionally to achieve a wrongful purpose2 7,b7 knowingly without legal or factual justification2 and 7,c7 in disregard of a known or obvious risk that is so great as to make it highly probable that the harm will outweigh the benefit4 ,i ,liability relief ,a ,liability limitations for individuals and entities engaged in businesses1 services1 activities1 or accommodations #aba4 ,application of subtitle 7a7 ,cause of action2 tribal sovereign immunity 7#a7 ,cause of action 7,a7 ,in general ,this subtitle creates an exclusive cause of action for coronavirus exposure actions4 7,b7 ,liability ,a plaintiff may prevail in a coronavirus exposure action only in accordance with the requirements of this title4 7,c7 ,application ,the provisions of this subtitle shall apply to-- 7i7 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 enactment2 and 7ii7 any coronavirus exposure action filed on or after such date of enactment4 7#b7 ,preservation of liability limits and defenses ,except as otherwise explicitly provided in this subtitle1 nothing in this subtitle expands any liability otherwise imposed or limits any defense otherwise available under ,federal1 ,state1 or ,tribal law4 7#c7 ,immunity ,nothing in this subtitle abrogates the immunity of any ,state1 or waives the immunity of any ,tribal government4 ,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 subtitle4 7b7 ,preemption and supersedure 7#a7 ,in general ,except as described in paragraphs 7#b7 through 7#f71 this subtitle preempts and supersedes any ,federal1 ,state1 or ,tribal law1 including statutes1 regulations1 rules1 or standards that are enacted1 promulgated1 or established under common law1 related to recovery for personal injuries caused by actual1 alleged1 feared1 or potential for exposure to coronavirus4 7#b7 ,stricter laws not preempted or superseded ,nothing in this subtitle shall be construed to affect the applicability of any provision of any ,federal1 ,state1 or ,tribal law that imposes stricter limits on damages or liabilities for personal injury caused by1 arising out of1 or related to an actual1 alleged1 feared1 or potential for exposure to coronavirus1 or otherwise affords greater protection to defendants in any coronavirus exposure action1 than are provided in this subtitle4 ,any such provision of ,federal1 ,state1 or ,tribal law shall be applied in addition to the requirements of this subtitle and not in lieu thereof4 7#c7 ,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 program1 or to preempt or supersede an exclusive remedy under such scheme or program4 7#d7 ,enforcement actions ,nothing in this subtitle shall be construed to impair1 limit1 or affect the authority of the ,federal ,government1 or of any ,state1 local1 or ,tribal government1 to bring any criminal1 civil1 or administrative enforcement action against any individual or entity4 7#e7 ,discrimination claims ,nothing in this subtitle shall be construed to affect the applicability of any provision of any ,federal1 ,state1 or ,tribal law that creates a cause of action for intentional discrimination on the basis of race1 color1 national origin1 religion1 sex 7including pregnancy71 disability1 genetic information1 or age4 7#f7 ,maintenance and cure ,nothing in this subtitle shall be construed to affect a seaman's right to claim maintenance and cure benefits4 7c7 ,statute of limitations ,a coronavirus exposure action may not be commenced in any ,federal1 ,state1 or ,tribal government court later than #a year after the date of the actual1 alleged1 feared1 or potential for exposure to coronavirus4 #abb4 ,liability2 safe harbor 7a7 ,requirements for liability for exposure to coronavirus ,notwithstanding any other provision of law1 and except as otherwise provided in this section1 no individual or entity engaged in businesses1 services1 activities1 or accommodations shall be liable in any coronavirus exposure action unless the plaintiff can prove by clear and convincing evidence that-- 7#a7 in engaging in the businesses1 services1 activities1 or accommodations1 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 actual1 alleged1 feared1 or potential for exposure to coronavirus2 7#b7 the individual or entity engaged in gross negligence or willful misconduct that caused an actual exposure to coronavirus2 and 7#c7 the actual exposure to coronavirus caused the personal injury of the plaintiff4 7b7 ,reasonable efforts ,to comply 7#a7 ,conflicting applicable government standards and guidance 7,a7 ,in general ,if more than #a government to whose jurisdiction an individual or entity is subject issues applicable government standards and guidance1 and the applicable government standards and guidance issued by #a or more of the governments conflicts with the applicable government standards and guidance issued by #a or more of the other governments1 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 7a77#a7 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 subject4 7,b7 ,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 regulations1 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 7a77#a7 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 subject4 7#b7 ,written or published policy 7,a7 ,in general ,if an individual or entity engaged in businesses1 services1 activities1 or accommodations maintained a written or published policy on the mitigation of transmission of coronavirus at the time of the actual1 alleged1 feared1 or potential for exposure to coronavirus that complied with1 or was more protective than1 the applicable government standards and guidance to which the individual or entity was subject1 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 7a77#a74 7,b7 ,rebuttal ,the plaintiff may rebut the presumption under subparagraph 7,a7 by establishing that the individual or entity was not complying with the written or published policy at the time of the actual1 alleged1 feared1 or potential for exposure to coronavirus4 7,c7 ,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 7a77#a74 7#c7 ,timing ,for purposes of subsection 7a77#a71 a change to a policy or practice by an individual or entity before or after the actual1 alleged1 feared1 or potential for exposure to coronavirus1 shall not be evidence of liability for the actual1 alleged1 feared1 or potential for exposure to coronavirus4 7c7 ,third parties ,no individual or entity shall be held liable in a coronavirus exposure action for the acts or omissions of a third party1 unless-- 7#a7 the individual or entity had an obligation under general common law principles to control the acts or omissions of the third party2 or 7#b7 the third party was an agent of the individual or entity4 7d7 ,mitigation ,changes to the policies1 practices1 or procedures of an individual or entity for complying with the applicable government standards and guidance after the time of the actual1 alleged1 feared1 or potential for exposure to coronavirus1 shall not be considered evidence of liability or culpability4 ,b ,liability limitations for health care providers #ada4 ,application of subtitle 7a7 ,in general 7#a7 ,cause of action 7,a7 ,in general ,this subtitle creates an exclusive cause of action for coronavirus-related medical liability actions4 7,b7 ,liability ,a plaintiff may prevail in a coronavirus-related medical liability action only in accordance with the requirements of this title4 7,c7 ,application ,the provisions of this subtitle shall apply to-- 7i7 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 enactment2 and 7ii7 any coronavirus-related medical liability action filed on or after such date of enactment4 7#b7 ,preservation of liability limits and defenses ,except as otherwise explicitly provided in this subtitle1 nothing in this subtitle expands any liability otherwise imposed or limits any defense otherwise available under ,federal1 ,state1 or ,tribal law4 7#c7 ,immunity ,nothing in this subtitle abrogates the immunity of any ,state1 or waives the immunity of any ,tribal government4 ,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 subtitle4 7b7 ,preemption and supersedure 7#a7 ,in general ,except as described in paragraphs 7#b7 through 7#f71 this subtitle preempts and supersedes any ,federal1 ,state1 or ,tribal law1 including statutes1 regulations1 rules1 or standards that are enacted1 promulgated1 or established under common law1 related to recovery for personal injuries caused by1 arising out of1 or related to an act or omission by a health care provider in the course of arranging for or providing coronavirus-related health care services4 7#b7 ,stricter laws not preempted or superseded ,nothing in this subtitle shall be construed to affect the applicability of any provision of any ,federal1 ,state1 or ,tribal law that imposes stricter limits on damages or liabilities for personal injury caused by1 arising out of1 or related to an act or omission by a health care provider in the course of arranging for or providing coronavirus-related health care services1 or otherwise affords greater protection to defendants in any coronavirus-related medical liability action than are provided in this subtitle4 ,any such provision of ,federal1 ,state1 or ,tribal law shall be applied in addition to the requirements of this subtitle and not in lieu thereof4 7#c7 ,enforcement actions ,nothing in this subtitle shall be construed to impair1 limit1 or affect the authority of the ,federal ,government1 or of any ,state1 local1 or ,tribal government to bring any criminal1 civil1 or administrative enforcement action against any health care provider4 7#d7 ,discrimination claims ,nothing in this subtitle shall be construed to affect the applicability of any provision of any ,federal1 ,state1 or ,tribal law that creates a cause of action for intentional discrimination on the basis of race1 color1 national origin1 religion1 sex 7including pregnancy71 disability1 genetic information1 or age4 7#e7 ,public ,readiness and ,emergency ,preparedness ,nothing in this subtitle shall be construed to affect the applicability of section #cai;,f-#c of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d-#f;d7 to any act or omission involving a covered countermeasure1 as defined in subsection 7i7 of such section in arranging for or providing coronavirus-related health care services4 ,nothing in this subtitle shall be construed to affect the applicability of section #cai;,f-#d of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d-#f;e74 7#f7 ,vaccine injury ,to the extent that title ,,xxi of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;aa-#a et seq47 establishes a ,federal rule applicable to a civil action brought for a vaccine-related injury or death1 this subtitle does not affect the application of that rule to such an action4 7c7 ,statute of limitations ,a coronavirus-related medical liability action may not be commenced in any ,federal1 ,state1 or ,tribal government court later than #a year after the date of the alleged harm1 damage1 breach1 or tort1 unless tolled for-- 7#a7 proof of fraud2 7#b7 intentional concealment2 or 7#c7 the presence of a foreign body1 which has no therapeutic or diagnostic purpose or effect1 in the person of the injured person4 #adb4 ,liability for health care professionals and health care facilities during coronavirus public health emergency 7a7 ,requirements for liability for coronavirus-related health care services ,notwithstanding any other provision of law1 and except as provided in subsection 7b71 no health care provider shall be liable in a coronavirus-related medical liability action unless the plaintiff can prove by clear and convincing evidence-- 7#a7 gross negligence or willful misconduct by the health care provider2 and 7#b7 that the alleged harm1 damage1 breach1 or tort resulting in the personal injury was directly caused by the alleged gross negligence or willful misconduct4 7b7 ,exceptions ,for purposes of this section1 acts1 omissions1 or decisions resulting from a resource or staffing shortage shall not be considered willful misconduct or gross negligence4 ,c ,substantive and procedural provisions for coronavirus-related actions generally #afa4 ,jurisdiction 7a7 ,jurisdiction ,the district courts of the ,united ,states shall have concurrent original jurisdiction of any coronavirus-related action4 7b7 ,removal 7#a7 ,in general ,a coronavirus-related action of which the district courts of the ,united ,states have original jurisdiction under subsection 7a7 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 #addf of title #bh1 ,united ,states ,code1 except that-- 7,a7 notwithstanding subsection 7b77#b77;,a7 of such section1 such action may be removed by any defendant without the consent of all defendants2 and 7,b7 notwithstanding subsection 7b77#a7 of such section1 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 enactment1 and of which the district courts of the ,united ,states have original jurisdiction under subsection 7a71 any defendant may file a notice of removal of a civil action or proceeding within #cj days of the date of enactment of this ,act4 7#b7 ,procedure after removal ,section #addg of title #bh1 ,united ,states ,code1 shall apply to any removal of a case under paragraph 7#a71 except that1 notwithstanding subsection 7d7 of such section1 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 #aj days after the entry of the order4 #afb4 ,limitations on suits 7a7 ,joint and several liability limitations 7#a7 ,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 entity4 ,in determining the percentage of responsibility of any defendant1 the trier of fact shall determine that percentage as a percentage of the total fault of all individuals or entities1 including the plaintiff1 who caused or contributed to the total loss incurred by the plaintiff4 7#b7 ,proportionate liability 7,a7 ,determination of responsibility ,in any coronavirus-related action1 the court shall instruct the jury to answer special interrogatories1 or1 if there is no jury1 the court shall make findings with respect to each defendant1 including defendants who have entered into settlements with the plaintiff or plaintiffs1 concerning the percentage of responsibility1 if any1 of each defendant1 measured as a percentage of the total fault of all individuals or entities who caused or contributed to the loss incurred by the plaintiff4 7,b7 ,factors for consideration ,in determining the percentage of responsibility under this subsection1 the trier of fact shall consider-- 7i7 the nature of the conduct of each individual or entity found to have caused or contributed to the loss incurred by the plaintiff2 and 7ii7 the nature and extent of the causal relationship between the conduct of each such individual or entity and the damages incurred by the plaintiff4 7#c7 ,joint liability for specific intent or fraud ,notwithstanding paragraph 7#a71 in any coronavirus-related action the liability of a defendant is joint and several if the trier of fact specifically determines that the defendant-- 7,a7 acted with specific intent to injure the plaintiff2 or 7,b7 knowingly committed fraud4 7#d7 ,right to contribution not affected ,nothing in this subsection affects the right1 under any other law1 of a defendant to contribution with respect to another defendant determined under paragraph 7#c7 to have acted with specific intent to injure the plaintiff or to have knowingly committed fraud4 7b7 ,limitations on damages ,in any coronavirus-related action-- 7#a7 the award of compensatory damages shall be limited to economic losses incurred as the result of the personal injury1 harm1 damage1 breach1 or tort1 except that the court may award damages for noneconomic losses if the trier of fact determines that the personal injury1 harm1 damage1 breach1 or tort was caused by the willful misconduct of the individual or entity2 7#b7 punitive damages-- 7,a7 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 entity2 and 7,b7 may not exceed the amount of compensatory damages awarded2 and 7#c7 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 injury1 harm1 damage1 breach1 or tort1 such as insurance or reimbursement by a government4 7c7 ,preemption and supersedure 7#a7 ,in general ,except as described in paragraphs 7#b7 and 7#c71 this section preempts and supersedes any ,federal1 ,state1 or ,tribal law1 including statutes1 regulations1 rules1 or standards that are enacted1 promulgated1 or established under common law1 related to joint and several liability1 proportionate or contributory liability1 contribution1 or the award of damages for any coronavirus-related action4 7#b7 ,stricter laws not preempted or superseded ,nothing in this section shall be construed to affect the applicability of any provision of any ,federal1 ,state1 or ,tribal law that-- 7,a7 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 section2 7,b7 otherwise affords a greater degree of protection from joint or several liability than is afforded by this section2 or 7,c7 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 section4 7#c7 ,public ,readiness and ,emergency ,preparedness ,nothing in this subtitle shall be construed to affect the applicability of section #cai;,f-#c of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d-#f;d7 to any act or omission involving a covered countermeasure1 as defined in subsection 7i7 of such section in arranging for or providing coronavirus-related health care services4 ,nothing in this subtitle shall be construed to affect the applicability of section #cai;,f-#d of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d-#f;e74 #afc4 ,procedures for suit in district courts of the ,united ,states 7a7 ,pleading with particularity ,in any coronavirus-related action filed in or removed to a district court of the ,united ,states-- 7#a7 the complaint shall plead with particularity-- 7,a7 each element of the plaintiff's claim2 and 7,b7 with respect to a coronavirus exposure action1 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 #ad-;day-period before the onset of the first symptoms allegedly caused by coronavirus1 including-- 7i7 each individual or entity against which a complaint is filed1 along with the factual basis for the belief that such individual or entity was a cause of the personal injury alleged2 and 7ii7 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 period1 along with the factual basis for the belief that these persons and places were not the cause of the personal injury alleged2 and 7#b7 the complaint shall plead with particularity each alleged act or omission constituting gross negligence or willful misconduct that resulted in personal injury1 harm1 damage1 breach1 or tort4 7b7 ,separate statements concerning the nature and amount of damages and required state of mind 7#a7 ,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 requested1 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 calculation4 7#b7 ,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 mind1 there shall be filed with the complaint1 with respect to each element of that claim1 a statement of the facts giving rise to a strong inference that the defendant acted with the required state of mind4 7c7 ,verification and medical records 7#a7 ,verification requirement 7,a7 ,in general ,the complaint in a coronavirus-related action filed in or removed to a district court of the ,united ,states shall include a verification1 made by affidavit of the plaintiff under oath1 stating that the pleading is true to the knowledge of the deponent1 except as to matters specifically identified as being alleged on information and belief1 and that as to those matters the plaintiff believes it to be true4 7,b7 ,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 plaintiff1 shall be regarded for all purposes1 including a criminal prosecution1 as having been made upon the knowledge of the plaintiff4 7#b7 ,materials required ,in any coronavirus-related action filed in or removed to a district court of the ,united ,states1 the plaintiff shall file with the complaint-- 7,a7 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 injury1 harm1 damage1 breach1 or tort alleged in the complaint2 and 7,b7 certified medical records documenting the alleged personal injury1 harm1 damage1 breach1 or tort4 7d7 ,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 and1 except to the extent that this section requires additional information to be contained in or attached to pleadings1 nothing in this section is intended to amend or otherwise supersede applicable rules of ,federal civil procedure4 7e7 ,civil discovery for actions in district courts of the ,united ,states 7#a7 ,timing ,notwithstanding any other provision of law1 in any coronavirus-related action filed in or removed to a district court of the ,united ,states1 no discovery shall be allowed before-- 7,a7 the time has expired for the defendant to answer or file a motion to dismiss2 and 7,b7 if a motion to dismiss is filed1 the court has ruled on the motion4 7#b7 ,standard ,notwithstanding any other provision of law1 the court in any coronavirus-related action that is filed in or removed to a district court of the ,united ,states-- 7,a7 shall permit discovery only with respect to matters directly related to material issues contested in the coronavirus-related action2 and 7,b7 may compel a response to a discovery request 7including a request for admission1 an interrogatory1 a request for production of documents1 or any other form of discovery request7 under rule #cg of the ,federal ,rules of ,civil ,procedure1 only if the court finds that-- 7i7 the requesting party needs the information sought to prove or defend as to a material issue contested in such action2 and 7ii7 the likely benefits of a response to such request equal or exceed the burden or cost for the responding party of providing such response4 7f7 ,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 ,states4 ,the district court shall stay all discovery in such a coronavirus-related action until the court of appeals has disposed of the appeal4 7g7 ,class actions and multidistrict litigation proceedings 7#a7 ,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-- 7,a7 an individual or entity shall only be a member of the class if the individual or entity affirmatively elects to be a member2 and 7,b7 the court1 in addition to any other notice required by applicable ,federal or ,state law1 shall direct notice of the action to each member of the class1 which shall include-- 7i7 a concise and clear description of the nature of the action2 7ii7 the jurisdiction where the case is pending2 and 7iii7 the fee arrangements with class counsel1 including-- 7,i7 the hourly fee being charged2 or 7,,ii7 if it is a contingency fee1 the percentage of the final award which will be paid1 including an estimate of the total amount that would be paid if the requested damages were to be granted2 and 7,,iii7 if the cost of the litigation is being financed1 a description of the financing arrangement4 7#b7 ,multidistrict litigations 7,a7 ,trial prohibition ,in any coordinated or consolidated pretrial proceedings conducted pursuant to section #adjg7;b7 of title #bh1 ,united ,states ,code1 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 consent4 7,b7 ,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 #adjg7;b7 of title #bh1 ,united ,states ,code1 if the order is applicable to #a or more coronavirus-related actions and an immediate appeal from the order may materially advance the ultimate termination of #a or more coronavirus-related actions in the proceedings4 #afd4 ,demand letters2 cause of action 7a7 ,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 settling1 releasing1 waiving1 or otherwise not pursuing a claim that is1 or could be1 brought as part of a coronavirus-related action1 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 #aea of title #bh1 ,united ,states ,code1 if the claim for which the letter was transmitted was meritless4 7b7 ,damages ,damages available under subsection 7a7 shall include-- 7#a7 compensatory damages including costs incurred in responding to the demand2 and 7#b7 punitive damages1 if the court determines that the defendant had knowledge or was reckless with regard to the fact that the claim was meritless4 7c7 ,attorney's fees and costs ,in an action commenced under subsection 7a71 if the plaintiff is a prevailing party1 the court shall1 in addition to any judgment awarded to a plaintiff1 allow a reasonable attorney's fee to be paid by the defendant1 and costs of the action4 7d7 ,jurisdiction ,the district courts of the ,united ,states shall have concurrent original jurisdiction of all claims arising under subsection 7a74 7e7 ,enforcement by the attorney general 7#a7 ,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 settling1 releasing1 waiving1 or otherwise not pursuing a claim that is1 or could be1 brought as part of a coronavirus-related action and that is meritless1 the ,attorney ,general may commence a civil action in any appropriate district court of the ,united ,states4 7#b7 ,relief ,in a civil action under paragraph 7#a71 the court may1 to vindicate the public interest1 assess a civil penalty against the respondent in an amount not exceeding #ej1jjj per transmitted demand for remuneration in exchange for settling1 releasing1 waiving or otherwise not pursuing a claim that is meritless4 7#c7 ,distribution of civil penalties ,if the ,attorney ,general obtains civil penalties in accordance with paragraph 7#b71 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 settling1 releasing1 waiving or otherwise not pursuing a claim that is meritless4 ,d ,relation to labor and employment laws #aha4 ,limitation on violations under specific laws 7a7 ,in general 7#a7 ,definition ,in this subsection1 the term covered ,federal employment law means any of the following3 7,a7 ,the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fea et seq47 7including any standard included in a ,state plan approved under section #ah of such ,act 7#bi ,u4,s4,c4 #ffg774 7,b7 ,the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq474 7,c7 ,the ,age ,discrimination in ,employment ,act of #aifg 7#bi ,u4,s4,c4 #fba et seq474 7,d7 ,the ,worker ,adjustment and ,retraining ,notification ,act 7#bi ,u4,s4,c4 #baja et seq474 7,e7 ,title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq474 7,f7 ,title ,,ii of the ,genetic ,information ,nondiscrimination ,act of #bjjh 7#db ,u4,s4,c4 #bjjj;ff et seq474 7,g7 ,title ,i of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaaa et seq474 7#b7 ,limitation ,notwithstanding any provision of a covered ,federal employment law1 in any action1 proceeding1 or investigation resulting from or related to an actual1 alleged1 feared1 or potential for exposure to coronavirus1 or a change in working conditions caused by a law1 rule1 declaration1 or order related to coronavirus1 an employer shall not be subject to any enforcement proceeding or liability under any provision of a covered ,federal employment law if the employer-- 7,a7 was relying on and generally following applicable government standards and guidance2 7,b7 knew of the obligation under the relevant provision2 and 7,c7 attempted to satisfy any such obligation by-- 7i7 exploring options to comply with such obligations and with the applicable government standards and guidance 7such as through the use of virtual training or remote communication strategies72 7ii7 implementing interim alternative protections or procedures2 or 7iii7 following guidance issued by the relevant agency with jurisdiction with respect to any exemptions from such obligation4 7b7 ,public accommodation laws 7#a7 ,definitions ,in this subsection-- 7,a7 the term auxiliary aids and services has the meaning given the term in section #d of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajc72 7,b7 the term covered public accommodation law means-- 7i7 title ,,iii of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaha et seq472 or 7ii7 title ,,ii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;a et seq472 7,c7 the term place of public accommodation means-- 7i7 a place of public accommodation1 as defined in section #bja of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;a72 or 7ii7 a public accommodation1 as defined in section #cja of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaha72 and 7,d7 the term public health emergency period means a period designated a public health emergency period by a ,federal1 ,state1 or local government authority4 7#b7 ,actions and measures during a public health emergency 7,a7 ,in general ,notwithstanding any other provision of law or regulation1 during any public health emergency period1 no person who owns1 leases 7or leases to71 or operates a place of public accommodation shall be liable under1 or found in violation of1 any covered public accommodation law for any action or measure taken regarding coronavirus and that place of public accommodation1 if such person-- 7i7 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 policies1 practices1 or procedures1 or the provision of an auxiliary aid or service2 or 7ii7 has offered such a reasonable modification or auxiliary aid or service but such offer has been rejected by the individual protected by the covered law4 7,b7 ,required waiver prohibited ,for purposes of this subsection1 no person who owns1 leases 7or leases to71 or operates a place of public accommodation shall be required to waive any measure1 requirement1 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 coronavirus1 in order to offer such a reasonable modification or auxiliary aids and services4 #ahb4 ,liability for conducting testing at workplace ,notwithstanding any other provision of ,federal1 ,state1 or local law1 an employer1 or other person who hires or contracts with other individuals to provide services1 conducting testing for coronavirus at the workplace shall not be liable for any action or personal injury directly resulting from such testing1 except for those personal injuries caused by the gross negligence or intentional misconduct of the employer or other person4 #ahc4 ,joint employment and independent contracting ,notwithstanding any other provision of ,federal or ,state law1 including any covered ,federal employment law 7as defined in section #aha7;a771 the ,labor ,management ,relations ,act1 #aidg 7#bi ,u4,s4,c4 #ada et seq471 the ,employment ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #ajja et seq471 and the ,family and ,medical ,leave ,act of #aiic 7#bi ,u4,s4,c4 #bfja et seq471 it shall not constitute evidence of a joint employment relationship or employment relationship for any employer to provide or require1 for an employee of another employer or for an independent contractor1 any of the following3 7#a7 ,coronavirus-related policies1 procedures1 or training4 7#b7 ,personal protective equipment or training for the use of such equipment4 7#c7 ,cleaning or disinfecting services or the means for such cleaning or disinfecting4 7#d7 ,workplace testing for coronavirus4 7#e7 ,temporary assistance due to coronavirus1 including financial assistance or other health and safety benefits4 #ahd4 ,exclusion of certain notification requirements as a result of the ,,covid-#ai public health emergency 7a7 ,definitions ,section #b7;a7 of the ,worker ,adjustment and ,retraining ,notification ,act 7#bi ,u4,s4,c4 #baja7;a77 is amended-- 7#a7 in paragraph 7#b71 by adding before the semicolon at the end the following3 and the shutdown1 if occurring during the covered period1 is not a result of the ,,covid-#ai national emergency2 7#b7 in paragraph 7#c7-- 7,a7 in subparagraph 7,a71 by striking and at the end2 7,b7 in subparagraph 7,b71 by adding and at the end2 and 7,c7 by adding at the end the following3 7,c7 if occurring during the covered period1 is not a result of the ,,covid-#ai national emergency2 2 7#c7 in paragraph 7#g71 by striking and2 7#d7 in paragraph 7#h71 by striking the period at the end and inserting a semicolon2 and 7#e7 by adding at the end the following3 7#i7 the term covered period means the period that-- 7,a7 begins on ,january #a1 #bjbj2 and 7,b7 ends #ij days after the last date of the ,,covid-#ai national emergency2 and 7#aj7 the term ,,covid-#ai national emergency means the national emergency declared by the ,president under the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq47 with respect to the ,coronavirus ,disease #bjai 7,,covid-#ai74 4 7b7 ,exclusion from definition of employment loss ,section #b7;b7 of the ,worker ,adjustment and ,retraining ,notification ,act 7#bi ,u4,s4,c4 #baja7;b77 is amended by adding at the end the following3 7#c7 ,notwithstanding subsection 7a77#f71 during the covered period an employee may not be considered to have experienced an employment loss if the termination1 layoff exceeding #f months1 or reduction in hours of work of more than #ej percent during each month of any #f-month period involved is a result of the ,,covid-#ai national emergency4 4 ,,ii ,products #bja4 ,applicability of the targeted liability protections for pandemic and epidemic products and security countermeasures with respect to ,,covid-#ai 7a7 ,in general ,section #cai;,f-#c7;i77#a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d-#f;d7i77#a77 is amended-- 7#a7 in subparagraph 7,c71 by striking 2 or and inserting a semicolon2 7#b7 in subparagraph 7,d71 by striking the period and inserting 2 or2 and 7#c7 by adding at the end the following3 7,e7 a drug 7as such term is defined in section #bja7;g77#a7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act71 biological product 7including a vaccine7 7as such term is defined in section #cea7;i771 or device 7as such term is defined in section #bja7;h7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act7 that-- 7i7 is the subject of a notice of use of enforcement discretion issued by the ,secretary if such drug1 biological product1 or device is used-- 7,i7 when such notice is in effect2 7,,ii7 within the scope of such notice2 and 7,,iii7 in compliance with other applicable requirements of the ,federal ,food1 ,drug1 and ,cosmetic ,act that are not the subject of such notice2 7ii7 in the case of a device1 is exempt from the requirement under section #eaj7k7 of the ,federal ,food1 ,drug1 and ,cosmetic ,act2 or 7iii7 in the case of a drug-- 7,i7 meets the requirements for marketing under a final administrative order under section #eje;,g of the ,federal ,food1 ,drug1 and ,cosmetic ,act2 or 7,,ii7 is marketed in accordance with section #eje;,g7a77#c7 of such ,act4 4 7b7 ,clarifying means of distribution ,section #cai;,f-#c7;a77#e7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d-#f;d7a77#e77 is amended by inserting by1 or in partnership with1 ,federal1 ,state1 or local public health officials or the private sector after distribution the first place it appears4 7c7 ,no change to ,administrative ,procedure ,act application to enforcement discretion exercise ,section #cai;,f-#c of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d-#f;d7 is amended by adding at the end the following3 7j7 ,rule of construction ,nothing in this section shall be construed-- 7#a7 to require use of procedures described in section #eec of title #e1 ,united ,states ,code1 for a notice of use of enforcement discretion for which such procedures are not otherwise required2 or 7#b7 to affect whether such notice constitutes final agency action within the meaning of section #gjd of title #e1 ,united ,states ,code4 4 ,,iii ,general provisions #cja4 ,severability ,if any provision of this ,act1 an amendment made by this ,act1 or the application of such a provision or amendment to any person or circumstance is held to be unconstitutional1 the remaining provisions of and amendments made by this ,act1 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 unconstitutional1 or to any circumstances other than those presented in such action1 shall not be affected thereby4