Open Schools Responsibly Act
This bill limits civil liability for elementary and secondary schools and institutions of higher education relating to any harm arising from exposure to, or infection by, coronavirus (i.e., the virus that causes COVID-19) suffered by a student, employee, or visitor. Specifically, a school or institution shall not be liable for such harm if the school or institution was in compliance with applicable state and federal guidelines. However, a school or institution may be liable for acts or omissions that constitute willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious flagrant indifference to the rights or safety of the individual harmed.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7710 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 7710
To provide liability protection for elementary schools, secondary
schools, and institutions of higher education during the COVID-19
public health emergency, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 21, 2020
Mr. Murphy of North Carolina (for himself, Mr. Weber of Texas, Mr.
Tiffany, Mr. Norman, Mr. Grothman, Mrs. Wagner, Mr. Wright, Mr. Byrne,
Mr. Comer, Mr. Mooney of West Virginia, Mr. Harris, Mrs. Lesko, Mr.
Bishop of North Carolina, Mr. Babin, and Mr. Abraham) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide liability protection for elementary schools, secondary
schools, and institutions of higher education during the COVID-19
public health emergency, 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 ``Open Schools Responsibly Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In December 2019, a novel (new) coronavirus known as
SARS-CoV-2 was first detected in Wuhan, Hubei Province,
People's Republic of China, causing outbreaks of the
coronavirus disease COVID-19 that has now spread globally.
(2) Secretary Azar declared a Public Health Emergency under
section 319 of the Public Health Service Act (42 U.S.C. 247d)
for the United States for the transmission of the 2019 novel
coronavirus, originating out of Wuhan, Hubei Province China, on
January 31, 2020.
(3) President Donald J. Trump proclaimed, on March 13,
2020, that the COVID-19 outbreak in the United States
constitutes a national emergency, beginning March 1, 2020.
(4) In order to catalyze and stabilize consistent growth in
the economy, schools must be protected from liability of
persons on campus (including students, employees, and visitors)
who assume the risk of contracting the virus upon return to the
2020-2021 academic school year. There is a strong desire from
Congress to make sure academic institutions re-open as swiftly
and safely as possible, without threat of economic penalties
from assumed risk.
SEC. 3. LIMITATION ON LIABILITY FOR ELEMENTARY SCHOOLS, SECONDARY
SCHOOLS, AND INSTITUTIONS OF HIGHER EDUCATION DURING THE
COVID-19 PUBLIC HEALTH EMERGENCY.
(a) Limitation on Liability.--Except as provided in subsection (b),
an elementary school, secondary school, or institution of higher
education shall not be liable under Federal or State law to a covered
individual for any harm caused by an act or omission of the school or
institution with respect to any harm arising from that individual's
exposure to, or infection by, the virus that causes COVID-19 during the
public health emergency with respect to COVID-19 declared by the
Secretary of Health and Human Services (referred to in this section as
the ``Secretary'') under section 319 of the Public Health Service Act
(42 U.S.C. 247d) on January 31, 2020, if the school or institution was
in compliance with applicable guidelines issued by the State and the
Centers for Disease Control Prevention.
(b) Exceptions.--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 covered individual
harmed by the school or institution.
(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) Effective Date.--This section shall take effect as if enacted
on January 31, 2020, and applies with respect to a claim for harm if
the act or omission that caused such harm occurred on or after such
date.
(e) Sunset.--This section shall sunset on January 31, 2025.
(f) Definitions.--In this Act:
(1) The terms ``elementary school'' and ``secondary
school'' have the meanings given such terms in section 8101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(2) The term ``institution of higher education'' has the
meaning given such term in section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002).
(3) The term ``covered individual'' means, with respect to
an elementary school, secondary school, or institution of
higher education--
(A) a student at the school or institution;
(B) an individual who is employed at the school or
institution; or
(C) a visitor at the school or institution.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Sponsor introductory remarks on measure. (CR H3670)
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