I 
116TH CONGRESS 
2D SESSION 
H. R. 6664 
To educate businesses on COVID–19-based public health practices, to provide 
for a notice and cure period before the commencement of a private 
civil action, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 1, 2020 
Mr. BURCHETT introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committees on 
the Judiciary, and Small Business, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To educate businesses on COVID–19-based public health 
practices, to provide for a notice and cure period before 
the commencement of a private civil action, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Coronavirus Public 
Safety and Economic Recovery Act’’. 
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SEC. 2. COVID–19 RESPONSE COMMISSION. 
(a) ESTABLISHMENT.—The Secretary of Health and 
Human Services, acting through the Director of the Cen-
ters for Disease Control and Prevention, shall establish 
a commission to be known as the ‘‘COVID–19 Response 
Commission’’ (in this Act, referred to as the ‘‘Commis-
sion’’). 
(b) DUTIES
OF
COMMISSION.—The Commission 
shall— 
(1) make recommendations for national guid-
ance with respect to COVID–19 public health prac-
tices; and 
(2) review and make recommendations for the 
improvement of State guidance for COVID–19 pub-
lic health practices. 
(c) NUMBER AND APPOINTMENT.—The Commission 
shall be composed of the Director of the Centers for Dis-
ease Control and Prevention (or a designee of the Direc-
tor), who shall serve as the Chairperson, and such number 
of members as the Director determines necessary, which 
shall include, in equal number, at least 1 representative 
from each of the following: 
(1) State and local health departments. 
(2) State governors. 
(3) Owners of small businesses. 
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(4) The President’s Economic Recovery Task 
Force. 
(d) PAY.—Members of the Commission shall serve 
without pay. 
(e) QUORUM.—A majority of members of the Com-
mission shall constitute a quorum, but a lesser number 
may hold hearings. 
(f) MEETINGS.—The Commission shall meet at the 
call of the Chairperson or a majority of its members. 
(g) POWERS
OF
COMMISSION.—The Commission 
may, for the purpose of carrying out this Act, hold hear-
ings, sit and act at times and places, take testimony, and 
receive evidence as the Commission considers appropriate. 
(h) OBTAINING OFFICIAL DATA.—The Commission 
may secure directly from any department or agency of the 
United States, information necessary to enable it to carry 
out this Act. Upon request of the Chairperson, the head 
of a department or agency shall furnish information to the 
Commission. 
(i) TERMINATION.—The Commission shall terminate 
on the date designated by the Director of the Centers for 
Disease Control and Prevention as the date on which the 
work of the Commission has been completed. 
(j) ANNUAL REPORT.—Not later than 90 days after 
the date of enactment of this Act, and annually thereafter 
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until the termination of the Commission, the Chairperson 
of the Commission shall submit to the Secretary of Health 
and Human Services a report on— 
(1) national guidance with respect to COVID– 
19 public health practices; and 
(2) State guidance that has been reviewed and 
modified pursuant to the recommendations of the 
Commission. 
SEC. 3. COMPLIANCE THROUGH EDUCATION. 
The Director of the Centers for Disease Control and 
Prevention, in consultation with the Commission, shall de-
velop a program to educate State and local governments 
and business owners, on effective and efficient strategies 
to minimize exposure to COVID–19 for employees, cus-
tomers, and vulnerable populations. Such a program may 
include training for professionals to provide guidance on 
remediation of COVID–19-based public health barriers 
leading to workplace-based transmission of COVID–19. 
SEC. 4. NOTICE AND CURE PERIOD. 
(a) BARRING CERTAIN ACTIONS.—A civil action 
under Federal law to obtain relief for death or disability 
as a result of COVID–19 may not be commenced against 
the owner or operator of a business by any person, includ-
ing an employee or a customer of the business, unless the 
business fails to adhere to the national guidance with re-
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spect to COVID–19 or State guidance reviewed and modi-
fied in accordance with the recommendations of the Com-
mission and each of the following requirements have been 
met: 
(1) WRITTEN NOTICE.—The person seeking re-
lief has provided the owner or operator of the busi-
ness with written notice specific enough to allow 
such owner or operator to identify a COVID–19- 
based public health barrier. Such notice shall include 
specific examples of how the COVID–19-based pub-
lic health barrier has put the person (or individuals 
similarly situated to the person) at risk. 
(2) WRITTEN RESPONSE.—The owner or oper-
ator fails to— 
(A) provide to the person a written re-
sponse or plan to correct the COVID–19-based 
public health barrier within such period as the 
Commission may determine after receipt of the 
notice under paragraph (1); or 
(B) provide a substantial response on or 
complete removal of the COVID–19-based pub-
lic health barrier within such period as the 
Commission may determine after receipt of the 
notice under paragraph (1). 
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(b) SPECIFICATION OF DETAILS OF ALLEGED VIOLA-
TION.—The written notice required under subsection 
(a)(1) shall also specify in detail the circumstances under 
which the person was aggrieved by a COVID–19-based 
public health barrier, including the address of the property 
on which the circumstances occurred, whether a request 
to correct noncompliance was made, and whether the area 
of noncompliance was temporary or permanent. 
SEC. 5. MEDIATION FOR COVID–19-BASED PUBLIC HEALTH 
BARRIERS. 
(a) IN GENERAL.—The Judicial Conference of the 
United States shall, under rule 16 of the Federal Rules 
of Civil Procedure or any other applicable law, in consulta-
tion with the Commission, develop a model program to 
promote the use of alternative dispute resolution mecha-
nisms, including a stay of discovery during mediation, to 
resolve claims alleging COVID–19-based public health 
barriers, with of goal of promoting access quickly and effi-
ciently without the need for costly litigation. 
(b) PUBLIC COMMENT.—To the extent practicable, 
the Federal Judicial Center may provide a public comment 
period on any program developed under subsection (a). 
(c) EXPEDITED FACT FINDING.—The model pro-
gram developed under subsection (a) shall include an expe-
dited method for determining the relevant facts related to 
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allegations of COVID–19-based public health barriers 
taken before the commencement of litigation to resolve any 
issues related to such allegations. 
SEC. 6. PRIORITIZING GENERAL BUSINESS LOANS. 
Beginning on the date of enactment of this Act, in 
providing general business loans under section 7(a)(36) of 
the Small Business Act (15 U.S.C. 636(a)(36)), priority 
shall be given to eligible recipients in States that have in 
effect a law that is substantially similar to sections 4 and 
5. 
SEC. 7. DEFINITIONS. 
In this Act: 
(1) 
COVID–19.—The 
term 
‘‘COVID–19’’ 
means Coronavirus Disease 2019. 
(2) NATIONAL GUIDANCE.—The term ‘‘national 
guidance’’ means, with respect to COVID–19, the 
national guidance that is in effect on the date on 
which a State begins to open small businesses that 
were previously closed pursuant to an executive 
order issued by the governor of the State, includ-
ing— 
(A) the interim guidance entitled ‘‘Guid-
ance on Preparing Workplaces for COVID–19’’ 
and any modifications thereto, including the fi-
nalized guidance; and 
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