Service Assurance Act of 2020

Service Assurance Act of 2020

This bill exempts nonprofit organizations from liability for any act or omission relating to harm arising from exposure to, or infection by, the coronavirus (i.e., the virus that causes COVID-19) during the COVID-19 public health emergency. However, this exemption does not apply with respect to acts or omissions that constitute willful or criminal misconduct, gross negligence, reckless misconduct, or conscious and flagrant indifference to the rights or safety of the individual harmed.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6976 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 6976

To provide liability protection for nonprofit organizations during the 
               COVID-19 outbreak, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 22, 2020

 Mrs. Hartzler (for herself, Mr. Aderholt, Mr. Lamborn, Mr. Banks, Mr. 
  Joyce of Pennsylvania, Mr. Babin, Mr. Murphy of North Carolina, Mr. 
  Flores, Mr. Conaway, Mr. King of Iowa, Mr. Collins of Georgia, Mr. 
  Grothman, Mr. Allen, Mr. Budd, Mr. Norman, Mr. Walker, Mr. Green of 
   Tennessee, Mr. Bishop of North Carolina, and Mr. Weber of Texas) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
To provide liability protection for nonprofit organizations during the 
               COVID-19 outbreak, 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 ``Service Assurance Act of 2020''.

SEC. 2. PROTECTION FROM LIABILITY FOR NONPROFIT ORGANIZATIONS IN 
              CERTAIN CIVIL ACTIONS RELATING TO COVID-19.

    (a) In General.--Except as provided in subsection (b), a nonprofit 
organization shall not be liable under Federal or State law for any act 
or omission of the organization with respect to any harm arising from 
exposure to, or infection by, the virus that causes COVID-19 during a 
public health emergency with respect to COVID-19 declared pursuant to 
section 319 of the Public Health Service Act (42 U.S.C. 247d).
    (b) Exception.--Subsection (a) does not apply if the harm was 
caused by an act or omission constituting willful or criminal 
misconduct, gross negligence, reckless misconduct, or a conscious 
flagrant indifference to the rights or safety of the individual harmed 
by the entity.
    (c) Preemption.--This section preempts the laws of a State or any 
political subdivision of a State to the extent that such laws are 
inconsistent with this section, unless such laws provide greater 
protection from liability.
    (d) Definition.--In this Act, the term ``nonprofit organization'' 
means an entity that is an organization described in section 501(c)(3) 
of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) and exempt 
from tax under section 501(a) of such Code (26 U.S.C. 501(a)).
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