Title: Coronavirus Public Safety and Economic Recovery Act
Policy area: Health

Summary:
Coronavirus Public Safety and Economic Recovery Act
This bill limits, under certain conditions, a business's liability under federal law for death or disability related to COVID-19 (i.e. coronavirus disease 2019) and promotes alternative dispute resolution mechanisms with respect to such liability.
Specifically, the bill establishes the COVID-19 Response Commission to make recommendations to mitigate the spread of the disease. An individual may not sue a business that follows a national or state guideline aligned with these recommendations unless the individual notifies the business of practices that placed the individual at risk of contracting COVID-19 and the business failed to remedy those practices. The Centers for Disease Control and Prevention, in consultation with the commission, must also provide education for state and local governments and businesses on strategies to minimize exposure to COVID-19.
In addition, the Judicial Conference of the United States must develop an alternative dispute resolution program to resolve federal COVID-19 liability claims, and the Small Business Administration, when awarding certain general business loans, must give priority to states that enact similar laws to limit liability and promote alternative dispute resolution.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6664 Introduced in House (IH)]

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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 
Committee on Energy and Commerce, and in addition to the Committees on 
  the Judiciary, and Small Business, for a period to be subsequently 
   determined 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 Representatives 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''.

SEC. 2. COVID-19 RESPONSE COMMISSION.

    (a) Establishment.--The Secretary of Health and Human Services, 
acting through the Director of the Centers 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 ``Commission'').
    (b) Duties of Commission.--The Commission shall--
            (1) make recommendations for national guidance with respect 
        to COVID-19 public health practices; and
            (2) review and make recommendations for the improvement of 
        State guidance for COVID-19 public health practices.
    (c) Number and Appointment.--The Commission shall be composed of 
the Director of the Centers for Disease Control and Prevention (or a 
designee of the Director), 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.
            (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 Commission 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 hearings, 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 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 develop a program to educate 
State and local governments and business owners, on effective and 
efficient strategies to minimize exposure to COVID-19 for employees, 
customers, 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, 
including an employee or a customer of the business, unless the 
business fails to adhere to the national guidance with respect to 
COVID-19 or State guidance reviewed and modified in accordance with the 
recommendations of the Commission and each of the following 
requirements have been met:
            (1) Written notice.--The person seeking relief has provided 
        the owner or operator of the business 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 public health 
        barrier has put the person (or individuals similarly situated 
        to the person) at risk.
            (2) Written response.--The owner or operator fails to--
                    (A) provide to the person a written response 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 public health barrier 
                within such period as the Commission may determine 
                after receipt of the notice under paragraph (1).
    (b) Specification of Details of Alleged Violation.--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 consultation with the Commission, develop a 
model program to promote the use of alternative dispute resolution 
mechanisms, 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 efficiently 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 program developed under 
subsection (a) shall include an expedited method for determining the 
relevant facts related to 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, including--
                    (A) the interim guidance entitled ``Guidance on 
                Preparing Workplaces for COVID-19'' and any 
                modifications thereto, including the finalized 
                guidance; and
                    (B) such additional guidance as the Director of the 
                Centers for Disease Control and Prevention determines 
                necessary.
            (3) Small businesses.--The term ``small businesses'' has 
        the meaning given the term ``small business concerns'' under 
        section 3 of the Small Business Act (15 U.S.C. 632).
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