II 

116TH CONGRESS 

2D SESSION S. 3915 

To exempt certain businesses from liability arising from claims relating to 

an individual contracting COVID–19 as a result of patronizing a business 

or healthcare entity. 

IN THE SENATE OF THE UNITED STATES 

JUNE 8, 2020 

Mrs. LOEFFLER introduced the following bill; which was read twice and 

referred to the Committee on the Judiciary 

A BILL 

To exempt certain businesses from liability arising from 

claims relating to an individual contracting COVID–19 

as a result of patronizing a business or healthcare entity. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting Reopening 

5 Businesses Recovering from COVID–19 Act’’. 

6 SEC. 2. FINDINGS AND PURPOSE. 

7 (a) FINDINGS.—Congress finds the following: 

8 (1) COVID–19 is a highly contagious infectious 

9 disease caused by the virus SARS–CoV–2 with more 


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1 than 6,000,000 people worldwide, and more than 

2 1,900,000 people in the United States, infected. 

3 (2) To flatten the infection curve, the United 

4 States encouraged individuals to practice social 

5 distancing and States issued stay-at-home orders to 

6 enforce social distancing. 

7 (3) The necessary measures taken to flatten the 

8 curve resulted in the closure or severe reduction in 

9 operations of numerous businesses, including res10 taurants, retailers, and hospitality industry business. 

11 (4) The closure and reduction in operations of 

12 these business precipitated a significant reduction of 

13 economic activity and strained the long term health 

14 of many businesses. 

15 (5) The measures taken appear to have flat16 tened the infection curve and States have begun to 

17 reopen. 

18 (6) Health experts agree that COVID–19 re19 mains a highly infectious disease. 

20 (7) As businesses reopen and customers begin 

21 to patronize them there presents a risk of trans22 mission despite mitigation efforts taken by busi23 nesses. 

24 (8) Businesses already strained by prior mitiga25 tion efforts cannot afford further economic strain reVerDate Sep 11 2014 05:23 Jun 26, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3915.IS S3915

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1 sulting from civil tort claims stemming from cus2 tomers and patrons contracting COVID–19. 

3 (9) Therefore, it is necessary to provide busi4 nesses and healthcare providers with an exemption 

5 from liability for claims arising from or relating to 

6 individuals contracting COVID–19. 

7 (b) PURPOSE.—The purpose of this Act is to provide 

8 for an exemption from liability arising from claims arising 

9 from an individual contracting of COVID–19 as a result 

10 of patronage of a business or health care entity during 

11 such time as a national health emergency exists. 

12 SEC. 3. DEFINITIONS. 

13 (1) BUSINESS.—The term ‘‘business’’— 

14 (A) means any entity organized as corpora15 tion, partnership, limited liability corporation, 

16 limited liability partnership, sole proprietorship, 

17 farming cooperative, or any other corporate 

18 structure recognized by the State in which the 

19 business is domiciled; and 

20 (B) includes any nonprofit organization or 

21 educational institution. 

22 (2) COVERED INDIVIDUAL.—The term ‘‘covered 

23 individual’’ means— 

24 (A) any invitee or licensee, as defined by 

25 the tort law of the State in which the business 


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1 or COVID–19 medical entity is domiciled or 

2 does business; 

3 (B) any employee, contractor, or other in4 dividual providing services to a business or 

5 COVID–19 medical entity; or 

6 (C) any other person who enters or other7 wise visits or avails themselves of the services 

8 provided by a business or COVID–19 medical 

9 entity. 

10 (3) COVERED PERIOD.—The term ‘‘covered pe11 riod’’ means the public health emergency declared by 

12 the Secretary of Health and Human Services under 

13 section 319 of the Public Health Service Act (42 

14 U.S.C. 247d) on January 31, 2020, with respect to 

15 COVID–19. 

16 (4) COVID–19 ACTION.—The term ‘‘COVID– 

17 19 action’’— 

18 (A) means any civil action commenced in 

19 any Federal or State court in which the alleged 

20 harm or injury to the plaintiff arises from or is 

21 related to the actual or potential contracting in22 fection of COVID–19 or SARS–CoV–2; and 

23 (B) does not include any action brought by 

24 a government entity in a regulatory, super25 visory, or enforcement capacity. 


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1 (5) COVID–19 MEDICAL ENTITY.—Any busi2 ness or governmental institution that provides 

3 healthcare related services for COVID–19, including 

4 treating, testing, or transportation of COVID–19 

5 patients, manufacturing or distribution of personal 

6 protective equipment, and manufacturing, distrib7 uting, or testing of other healthcare equipment. 

8 (6) DAMAGES.—The term ‘‘damages’’ means 

9 any punitive, compensatory, or general damages re10 coverable under any State or Federal law. 

11 SEC. 4. LIABILITY EXEMPTION FOR BUSINESSES AND 

12 COVID–19 MEDICAL ENTITIES. 

13 (a) IN GENERAL.—During the covered period, no 

14 business or COVID–19 medical entity shall be liable for 

15 any damages arising from a claim arising from or relating 

16 from an individual’s contracting of COVID–19 if the busi17 ness or COVID–19 medical entity was— 

18 (1) operating in a fashion consistent with any 

19 applicable State or Federal guidelines or require20 ments on reopening; and 

21 (2) using measures outlined by the Center for 

22 Disease Control and Prevention any other State or 

23 Federal agency to mitigate the potential spread of 

24 COVID–19, including requiring individuals to wear 


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1 face coverings, sanitizing the workplace, practicing 

2 social distancing, and using temperature checks. 

3 (b) EXCEPTION.—Subsection (a) shall not apply to 

4 a business or COVID–19 medical entity that a court has 

5 determined to have acted grossly negligent. 

Æ 


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