I 

117TH CONGRESS 

1ST SESSION H. R. 1101 

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 HOUSE OF REPRESENTATIVES 

FEBRUARY 18, 2021 

Mr. BUDD introduced the following bill; which was 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. PURPOSE. 

7 The purpose of this Act is to provide for an exemp8 tion from liability arising from claims arising from an indi9 vidual contracting of COVID–19 as a result of patronage 


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1 of a business or health care entity during such time as 

2 a national health emergency exists. 

3 SEC. 3. DEFINITIONS. 

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

5 (A) means any entity organized as corpora6 tion, partnership, limited liability corporation, 

7 limited liability partnership, sole proprietorship, 

8 farming cooperative, or any other corporate 

9 structure recognized by the State in which the 

10 business is domiciled; and 

11 (B) includes any nonprofit organization or 

12 educational institution. 

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

14 individual’’ means— 

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

16 the tort law of the State in which the business 

17 or COVID–19 medical entity is domiciled or 

18 does business; 

19 (B) any employee, contractor, or other in20 dividual providing services to a business or 

21 COVID–19 medical entity; or 

22 (C) any other person who enters or other23 wise visits or avails themselves of the services 

24 provided by a business or COVID–19 medical 

25 entity. 


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1 (3) COVERED PERIOD.—The term ‘‘covered pe2 riod’’ means the public health emergency declared by 

3 the Secretary of Health and Human Services under 

4 section 319 of the Public Health Service Act (42 

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

6 COVID–19. 

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

8 19 action’’— 

9 (A) means any civil action commenced in 

10 any Federal or State court in which the alleged 

11 harm or injury to the plaintiff arises from or is 

12 related to the actual or potential contracting in13 fection of COVID–19 or SARS–CoV–2; and 

14 (B) does not include any action brought by 

15 a government entity in a regulatory, super16 visory, or enforcement capacity. 

17 (5) COVID–19 MEDICAL ENTITY.—The term 

18 ‘‘COVID–19 medical entity’’ means any business or 

19 governmental institution that provides healthcare re20 lated services for COVID–19, including treating, 

21 testing, or transportation of COVID–19 patients, 

22 manufacturing or distribution of personal protective 

23 equipment, and manufacturing, distributing, or test24 ing of other healthcare equipment. 


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

2 any punitive, compensatory, or general damages re3 coverable under any State or Federal law. 

4 SEC. 4. LIABILITY EXEMPTION FOR BUSINESSES AND 

5 COVID–19 MEDICAL ENTITIES. 

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

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

8 any damages arising from a claim arising from or relating 

9 from an individual’s contracting of COVID–19 if the busi10 ness or COVID–19 medical entity was— 

11 (1) operating in a fashion consistent with any 

12 applicable State or Federal guidelines or require13 ments on reopening; and 

14 (2) using measures outlined by the Centers for 

15 Disease Control and Prevention or any other State 

16 or Federal agency to mitigate the potential spread of 

17 COVID–19, including requiring individuals to wear 

18 face coverings, sanitizing the workplace, practicing 

19 social distancing, and using temperature checks. 

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

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

22 determined to have acted grossly negligent. 

Æ 


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