Senate Legislative Counsel

Draft Copy of HEN20D13

TITLE ___—BACK TO WORK ACT

SEC. __01. SHORT TITLE.
This title may be cited as the “Back to Work Act”.

SEC. __02. 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.

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(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.
(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
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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.
(16) This risk is not purely local. It is necessarily national in scale. A patchwork of local
and State rules governing liability in coronavirus-related lawsuits creates tremendous
unpredictability for everyone participating in interstate commerce and acts as a significant
drag on national recovery. The aggregation of each individual potential liability risk poses a
substantial and unprecedented threat to interstate commerce.
(17) The accumulated economic risks for these potential defendants directly and
substantially affects interstate commerce. Individuals and entities potentially subject to
coronavirus-related liability will structure their decisionmaking to avoid that liability. Small
and large businesses, schools, colleges and universities, religious, philanthropic and other
nonprofit institutions, and local government agencies may decline to reopen because of the
risk of litigation. They may limit their output or engagement with customers and
communities to avoid the risk of litigation. These individual economic decisions
substantially affect interstate commerce because, as a whole, they will prevent the free and
fair exchange of goods and services across State lines. Such economic activity that,
individually and in the aggregate, substantially affects interstate commerce is precisely the
sort of conduct that should be subject to congressional regulation.
(18) Lawsuits against health care workers and facilities pose a similarly dangerous risk to
interstate commerce. Interstate commerce will not truly rebound from this crisis until the
virus is defeated, and that will not happen unless health care workers and facilities are free
to combat vigorously the virus and treat patients with coronavirus and those otherwise
impacted by the response to coronavirus.
(19) Subjecting health care workers and facilities to onerous litigation even as they have
done their level best to combat a virus about which very little was known when it arrived in
the United States would divert important health care resources from hospitals and providers
to courtrooms.
(20) Such a diversion would substantially affect interstate commerce by degrading the
national capacity for combating the virus and saving patients, thereby substantially
elongating the period before interstate commerce could fully re-engage.
(21) Congress also has the authority to determine the jurisdiction of the courts of the
United States, to set the standards for causes of action they can hear, and to establish the
rules by which those causes of action should proceed. Congress therefore must act to set
rules governing liability in coronavirus-related lawsuits.
(22) These rules necessarily must be temporary and carefully tailored to the interstate
crisis caused by the coronavirus pandemic. They must extend no further than necessary to
meet this uniquely national crisis for which a patchwork of State and local tort laws are ill-
suited.

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(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, 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; 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. __03. 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
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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) the date that is 12 months after the date of enactment of this
Act; 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
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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) the date that is 12 months after the date of enactment of this Act;
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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-related medical liability action” does not
include—
(i) a criminal, civil, or administrative enforcement action brought by the
Federal Government or any State, local, or Tribal government; or
(ii) a claim alleging intentional discrimination on the basis of race, color,
national origin, religion, sex (including pregnancy), disability, genetic
information, or age.
(8) EMPLOYER.—The term “employer”—
(A) means any person serving as an employer or acting directly in the interest of an
employer in relation to an employee;
(B) includes a public agency; and
(C) does not include any labor organization (other than when acting as an employer)
or any person acting in the capacity of officer or agent of such labor organization.
(9) GOVERNMENT.—The term “government” means an agency, instrumentality, or other
entity of the Federal Government, a State government (including multijurisdictional
agencies, instrumentalities, and entities), a local government, or a Tribal government.
(10) GROSS NEGLIGENCE.—The term “gross negligence” means a conscious, voluntary
act or omission in reckless disregard of—
(A) a legal duty;
(B) the consequences to another party; and
(C) applicable government standards and guidance.
(11) HARM.—The term “harm” includes—
(A) physical and nonphysical contact that results in personal injury to an individual;
and
(B) economic and noneconomic losses.
(12) HEALTH CARE PROVIDER.—
(A) IN GENERAL.—The term “health care provider” means any person, including an
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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, vessel in rem, educational institution, labor organization, or
similar organization or group of organizations;
(B) any nonprofit organization, foundation, society, or association organized for
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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 applicable government
standards and guidance, 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” means—
(A) actual or potential physical injury to an individual or death caused by a physical
injury; or
(B) 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
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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. __11. LIMITATIONS ON CAUSES OF ACTION.
(a) Minimum Standard for Cause of Action.—
(1) IN GENERAL.—A coronavirus exposure action in which liability may be imposed
under a standard that is less stringent than a standard of gross negligence may not be filed or
maintained in any Federal, State, or Tribal court.
(2) APPLICATION.—Paragraph (1) shall apply to—
(A) 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
(B) any coronavirus exposure action filed on or after such date of enactment.

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(b) Preservation of Liability Limits and Defenses.—Except as otherwise explicitly provided in

this section, nothing in this section expands any liability otherwise imposed or limits any defense
otherwise available under Federal, State, or Tribal law.
(c) Immunity.—Nothing in this section abrogates the immunity of any State, or waives the
immunity of any Tribal government. The limitations on liability provided under this section 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 section.
(d) Preemption and Supersedure.—
(1) IN GENERAL.—Except as described in paragraphs (2) through (5), this section
preempts and supersedes any Federal, State, or Tribal law, including statutes, regulations,
rules, orders, proclamations, or standards that are enacted, promulgated, or established
under common law, under which liability may be imposed in a coronavirus exposure action
under a standard that is less stringent than a standard of gross negligence.
(2) WORKERS’ COMPENSATION LAWS NOT PREEMPTED OR SUPERSEDED.—Nothing in this
title shall be construed to affect the applicability of any State or Tribal law providing for a
claim for benefits under a workers’ compensation scheme or program, or to preempt or
supersede an exclusive remedy under such scheme or program.
(3) ENFORCEMENT ACTIONS.—Nothing in this section 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.
(4) DISCRIMINATION CLAIMS.—Nothing in this section 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) MAINTENANCE AND CURE.—Nothing in this section shall be construed to affect a
seaman’s right to claim maintenance and cure benefits.

PART II—LIABILITY LIMITATIONS FOR HEALTH CARE

PROVIDERS
SEC. __21. LIMITATIONS ON MEDICAL LIABILITY
ACTIONS.
(a) Minimum Standard for Cause of Action.—
(1) IN GENERAL.—A coronavirus-related medical liability action in which liability may be
imposed under a standard that is less stringent than a standard of gross negligence may not
be filed or maintained in any Federal, State, or Tribal court.

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(2) APPLICATION.—Paragraph (1) shall apply to—

(A) 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
(B) any coronavirus-related medical liability action filed on or after such date of
enactment.
(b) Preservation of Liability Limits and Defenses.—Except as otherwise explicitly provided in
this section, nothing in this section expands any liability otherwise imposed or limits any defense
otherwise available under Federal, State, or Tribal law.
(c) Immunity.—Nothing in this section abrogates the immunity of any State, or waives the
immunity of any Tribal government. The limitations on liability provided under this section 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 section.
(d) Preemption and Supersedure.—
(1) IN GENERAL.—Except as described in paragraphs (2) through (5), this section
preempts and supersedes any Federal, State, or Tribal law, including statutes, regulations,
rules, orders, proclamations, or standards that are enacted, promulgated, or established
under common law, under which liability may be imposed in a coronavirus-related medical
liability action under a standard that is less stringent than a standard of gross negligence.
(2) ENFORCEMENT ACTIONS.—Nothing in this section 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.
(3) DISCRIMINATION CLAIMS.—Nothing in this section 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.
(4) PUBLIC READINESS AND EMERGENCY PREPAREDNESS.—Nothing in this section 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 section shall be construed to affect the applicability of section
319F–4 of the Public Health Service Act (42 U.S.C. 247d–6e).
(5) 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 section does not affect the application of that rule to
such an action.

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PART III—MISCELLANEOUS PROVISIONS

SEC. __31. 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. __32. 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) all factual matters asserted to establish that the individual or entity against which
a complaint is filed was a cause of the personal injury alleged; 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 alleged exposure to the 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
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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 that resulted
in personal injury, harm, damage, breach, or tort.
(b) 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.

SEC. __33. PUBLIC READINESS AND EMERGENCY

PREPAREDNESS.
Nothing in this subtitle shall be construed to affect the applicability of section 319F–3 of the
Public Health Service Act (42 U.S.C. 247d–6d) to any act or omission involving a covered
countermeasure, as defined in subsection (i) of such section in arranging for or providing
coronavirus-related health care services. Nothing in this subtitle shall be construed to affect the
applicability of section 319F–4 of the Public Health Service Act (42 U.S.C. 247d–6e).

SEC. __34. DEMAND LETTERS; ENFORCEMENT BY THE

ATTORNEY GENERAL.
(a) 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.
(b) Relief.—In a civil action under subsection (a), 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.
(c) Distribution of Civil Penalties.—If the Attorney General obtains civil penalties in
accordance with subsection (b), 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

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LAWS
SEC. __41. DEFINITION.
In this part, the term “covered period” means the period—
(1) beginning on December 1, 2019; and
(2) ending on later of—
(A) the date that is 12 months after the date of enactment of this Act; or
(B) 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.

SEC. __42. 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 during the covered period, or a change in
working conditions during the covered period 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—
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(A) was relying on and substantially 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.); and
(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).
(2) ACTIONS AND MEASURES DURING A PUBLIC HEALTH EMERGENCY.—
(A) IN GENERAL.—Notwithstanding any other provision of law or regulation, during
the covered period, no person who owns, leases (or leases to), or operates a place of
public accommodation shall be liable under, or found in violation of, any covered
public accommodation law for any action or measure taken regarding coronavirus and
that place of public accommodation, if such person—
(i) has determined that the significant risk of substantial harm to public health
or the health of employees cannot be reduced or eliminated by reasonably
modifying policies, practices, or procedures, or the provision of an auxiliary aid
or service; or
(ii) has offered such a reasonable modification or auxiliary aid or service but
such offer has been rejected by the individual protected by the covered law.

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(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. __43. 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, that, during the covered
period, conducts tests for coronavirus on the employees of the employer or persons hired or
contracted to provide services 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. __44. JOINT EMPLOYMENT AND INDEPENDENT

CONTRACTING.
Notwithstanding any other provision of Federal or State law, including any covered Federal
employment law (as defined in section __42(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, during the covered period, 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. __45. 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
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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 “; and”; and
(5) by adding at the end the following:
“(9) the term ‘covered period’ has the meaning given that term in section __41 of the
Back to Work Act.”.
(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—General Provisions

SEC. __81. 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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