Get America Back to Work Act

I 116TH CONGRESS 2D SESSION H. R. 7528 To limit the civil liability of persons for the spread or possible transmission of SARS–COV–2 caused by an act or omission while acting in good faith during the COVID–19 emergency period, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JULY 9, 2020 Mr. GRAVES of Louisiana (for himself, Mr. CUELLAR, Mr. CARTER of Texas, Mr. PETERSON, Mr. BARR, and Mr. HICE of Georgia) introduced the fol- lowing bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consider- ation of such provisions as fall within the jurisdiction of the committee concerned A BILL To limit the civil liability of persons for the spread or pos- sible transmission of SARS–COV–2 caused by an act or omission while acting in good faith during the COVID–19 emergency period, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Get America Back to 4 Work Act’’. 5 VerDate Sep 11 2014 19:02 Jul 28, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7528.IH H7528 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 7528 IH SEC. 2. LIMITATION ON LIABILITY. 1 (a) IN GENERAL.—Except as provided in subsection 2 (c), no person shall be liable in any civil action for the 3 spread or possible transmission of SARS–COV–2 caused 4 by an act or omission of the person acting in good faith 5 between January 1, 2020, and the date that is 18 months 6 after the end of the emergency period (as defined in sec- 7 tion 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 8 1320b–5(g)(1)(B))). 9 (b) PREEMPTION.—The laws of a State or any polit- 10 ical subdivision of a State are hereby preempted to the 11 extent such laws are inconsistent with this section, unless 12 such laws provide greater protection from liability. 13 (c) EXCEPTIONS.—Subsection (a) does not apply if 14 the harm is shown, by clear and convincing evidence, to 15 be caused by an act or omission constituting willful or 16 criminal misconduct, reckless misconduct, gross neg- 17 ligence, or a conscious flagrant indifference to the rights 18 or safety of the individual harmed by the person. For pur- 19 poses of this section, infection with SARS–COV–2 may 20 not be the basis for damages arising from bodily injury 21 except to the extent that such injury is serious bodily in- 22 jury. 23 (d) DEFINITIONS.—In this section: 24 (1) PERSON.—The term ‘‘person’’ includes— 25 VerDate Sep 11 2014 23:56 Jul 31, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7528.IH H7528 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 7528 IH (A) one or more individuals, business 1 trusts, legal representatives, corporations, com- 2 panies, associations, firms, partnerships, soci- 3 eties, joint stock companies, universities, 4 schools, nonprofit organizations, or religious or- 5 ganizations; or 6 (B) any organized group of entities de- 7 scribed in subparagraph (A). 8 (2) GOOD FAITH.—The term ‘‘good faith’’ 9 means making reasonable efforts to act in compli- 10 ance with— 11 (A) applicable guidance from a Federal, 12 State, local, territorial, or Tribal public health 13 authority; or 14 (B) appropriate professional or industry 15 standards, recommendations, or guidance. 16 (3) SERIOUS BODILY INJURY.—The term ‘‘seri- 17 ous bodily injury’’ means— 18 (A) death or injury requiring in-patient 19 hospitalization of at least 48 hours; 20 (B) permanent impairment of a bodily 21 function; or 22 (C) permanent damage to a body struc- 23 ture. 24 VerDate Sep 11 2014 19:02 Jul 28, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7528.IH H7528 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 7528 IH (e) APPLICABILITY.—The limitation in this section 1 shall be applicable in cases filed before, on, or after the 2 date of enactment of this Act. 3 (f) RULE OF CONSTRUCTION.—Nothing in this sec- 4 tion may be construed as superseding or weakening any 5 Federal statute or other provision of Federal law that pre- 6 empts the authority or actions of a State, territory, a polit- 7 ical subdivision of a State or territory, or an Indian Tribe 8 to regulate the practices or services of certain businesses 9 or industries. 10 SEC. 3. LIMITATION ON LIABILITY FOR HEALTH CARE PRO- 11 FESSIONALS DURING COVID–19 EMERGENCY 12 RESPONSE. 13 (a) LIMITATION ON LIABILITY.—Except as provided 14 in subsection (b), a provider of health care services, includ- 15 ing a health care professional, shall not be liable under 16 Federal or State law for the spread or possible trans- 17 mission of SARS–COV–2 caused by an act or omission 18 of the provider in the provision of health care services act- 19 ing in good faith between January 1, 2020, and the date 20 that is 18 months after the end of the emergency period 21 (as defined in section 1135(g)(1)(B) of the Social Security 22 Act (42 U.S.C. 1320b–5(g)(1)(B))), if— 23 VerDate Sep 11 2014 19:02 Jul 28, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7528.IH H7528 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 7528 IH (1) the provider is providing health care serv- 1 ices significantly impacted by, or in response to, the 2 COVID–19 pandemic; and 3 (2) the act or omission— 4 (A) occurs in the course of providing 5 health care services that are within the scope of 6 the license, registration, or certification of the 7 professional, as defined by the State of licen- 8 sure, registration, or certification; 9 (B) does not exceed the scope of license, 10 registration, or certification of a substantially 11 similar health professional in the State in which 12 such act or omission occurs; and 13 (C) is undertaken in a good faith belief 14 that the individual being treated is in need of 15 health care services. 16 (b) EXCEPTIONS.—Subsection (a) does not apply if— 17 (1) the harm is shown, by clear and convincing 18 evidence, to be caused by an act or omission of the 19 provider of health care services constituting willful 20 or criminal misconduct, reckless misconduct, gross 21 negligence, or a conscious flagrant indifference to 22 the rights or safety of the individual harmed by the 23 health care professional; or 24 VerDate Sep 11 2014 19:02 Jul 28, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7528.IH H7528 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 7528 IH (2) the provider of health care services rendered 1 the health care services under the influence (as de- 2 termined pursuant to applicable State law) of alcohol 3 or an intoxicating drug. 4 (c) PREEMPTION.—The laws of a State or any polit- 5 ical subdivision of a State are hereby preempted to the 6 extent such laws are inconsistent with this section, unless 7 such laws provide greater protection from liability. 8 (d) DEFINITIONS.—In this section— 9 (1) The term ‘‘good faith’’ means making rea- 10 sonable efforts to act in compliance with— 11 (A) applicable guidance from a Federal, 12 State, local, territorial, or Tribal public health 13 authority; or 14 (B) appropriate professional or industry 15 standards, recommendations, or guidance. 16 (2) The term ‘‘health care professional’’ means 17 an individual who is licensed, registered, certified, or 18 otherwise authorized under a Federal or State law 19 to provide health care services. 20 (3) The term ‘‘health care services’’ means any 21 service provided by a health care professional, or by 22 any individual working under the supervision of a 23 health care professional, that relates to the diag- 24 nosis, prevention, or treatment of COVID–19. 25 VerDate Sep 11 2014 19:02 Jul 28, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7528.IH H7528 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 7528 IH SEC. 4. OCCUPATIONAL SAFETY OR HEALTH HAZARD EX- 1 EMPTION. 2 The Occupational Safety and Health Act of 1970 (29 3 U.S.C. 651 et seq.) is amended— 4 (1) in section 9 (29 U.S.C. 658)— 5 (A) subsection (a), by striking ‘‘If, upon 6 inspection’’ and inserting ‘‘Except as provided 7 in subsection (d), if, upon inspection’’; and 8 (B) by adding at the end the following new 9 subsection: 10 ‘‘(d) COVID–19 EXEMPTION.— 11 ‘‘(1) IN GENERAL.—For the period specified in 12 paragraph (3), the Secretary may not exercise au- 13 thority pursuant to subsection (a) to issue a citation 14 with respect to a violation related to the spread or 15 possible transmission of SARS–COV–2 in the work- 16 place if the Secretary determines that the employer 17 acted in good faith. 18 ‘‘(2) GOOD FAITH DEFINED.—The term ‘good 19 faith’ has the meaning given such term in section 20 2(d) of the Get America Back to Work Act. 21 ‘‘(3) PERIOD SPECIFIED.—The period specified 22 in this paragraph is the period beginning on Janu- 23 ary 1, 2020, and ending on the date that is 18 24 months after the end of the emergency period (as 25 VerDate Sep 11 2014 19:02 Jul 28, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7528.IH H7528 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 7528 IH defined in section 1135(g)(1)(B) of the Social Secu- 1 rity Act (42 U.S.C. 1320b–5(g)(1)(B))).’’; and 2 (2) in section 17 (29 U.S.C. 666)— 3 (A) in subsection (a), by striking ‘‘Any em- 4 ployer who willfully’’ and inserting ‘‘Except as 5 provided in subsection (m), any employer who 6 willfully’’; 7 (B) in subsection (e), by striking ‘‘Any em- 8 ployer who willfully’’ and inserting ‘‘Except as 9 provided in subsection (m), any employer who 10 willfully’’; and 11 (C) by adding at the end the following new 12 subsection: 13 ‘‘(m) COVID–19 EXEMPTION.—For the period speci- 14 fied in section 9(d)(3), with respect to the spread or pos- 15 sible transmission of SARS–COV–2 in the workplace, no 16 employer who acted in good faith (as defined in section 17 2(d) of the Get America Back to Work Act) shall be sub- 18 ject to penalties under subsection (a) or subsection (e).’’. 19 Æ VerDate Sep 11 2014 19:02 Jul 28, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\H7528.IH H7528 pamtmann on DSKBC07HB2PROD with BILLS