Open Schools Responsibly Act

I 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. TIF- FANY, 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, sec- ondary schools, and institutions of higher education dur- ing the COVID–19 public health emergency, 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 ‘‘Open Schools Respon- 4 sibly Act’’. 5 VerDate Sep 11 2014 21:09 Aug 06, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7710.IH H7710 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 7710 IH SEC. 2. FINDINGS. 1 Congress finds the following: 2 (1) In December 2019, a novel (new) 3 coronavirus known as SARS–CoV–2 was first de- 4 tected in Wuhan, Hubei Province, People’s Republic 5 of China, causing outbreaks of the coronavirus dis- 6 ease COVID–19 that has now spread globally. 7 (2) Secretary Azar declared a Public Health 8 Emergency under section 319 of the Public Health 9 Service Act (42 U.S.C. 247d) for the United States 10 for the transmission of the 2019 novel coronavirus, 11 originating out of Wuhan, Hubei Province China, on 12 January 31, 2020. 13 (3) President Donald J. Trump proclaimed, on 14 March 13, 2020, that the COVID–19 outbreak in 15 the United States constitutes a national emergency, 16 beginning March 1, 2020. 17 (4) In order to catalyze and stabilize consistent 18 growth in the economy, schools must be protected 19 from liability of persons on campus (including stu- 20 dents, employees, and visitors) who assume the risk 21 of contracting the virus upon return to the 2020– 22 2021 academic school year. There is a strong desire 23 from Congress to make sure academic institutions 24 re-open as swiftly and safely as possible, without 25 threat of economic penalties from assumed risk. 26 VerDate Sep 11 2014 21:09 Aug 06, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7710.IH H7710 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 7710 IH SEC. 3. LIMITATION ON LIABILITY FOR ELEMENTARY 1 SCHOOLS, SECONDARY SCHOOLS, AND INSTI- 2 TUTIONS OF HIGHER EDUCATION DURING 3 THE COVID–19 PUBLIC HEALTH EMERGENCY. 4 (a) LIMITATION ON LIABILITY.—Except as provided 5 in subsection (b), an elementary school, secondary school, 6 or institution of higher education shall not be liable under 7 Federal or State law to a covered individual for any harm 8 caused by an act or omission of the school or institution 9 with respect to any harm arising from that individual’s 10 exposure to, or infection by, the virus that causes COVID– 11 19 during the public health emergency with respect to 12 COVID–19 declared by the Secretary of Health and 13 Human Services (referred to in this section as the ‘‘Sec- 14 retary’’) under section 319 of the Public Health Service 15 Act (42 U.S.C. 247d) on January 31, 2020, if the school 16 or institution was in compliance with applicable guidelines 17 issued by the State and the Centers for Disease Control 18 Prevention. 19 (b) EXCEPTIONS.—Subsection (a) does not apply if 20 the harm was caused by an act or omission constituting 21 willful or criminal misconduct, gross negligence, reckless 22 misconduct, or a conscious flagrant indifference to the 23 rights or safety of the covered individual harmed by the 24 school or institution. 25 VerDate Sep 11 2014 21:09 Aug 06, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7710.IH H7710 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 7710 IH (c) PREEMPTION.—This section preempts the laws of 1 a State or any political subdivision of a State to the extent 2 that such laws are inconsistent with this section, unless 3 such laws provide greater protection from liability. 4 (d) EFFECTIVE DATE.—This section shall take effect 5 as if enacted on January 31, 2020, and applies with re- 6 spect to a claim for harm if the act or omission that 7 caused such harm occurred on or after such date. 8 (e) SUNSET.—This section shall sunset on January 9 31, 2025. 10 (f) DEFINITIONS.—In this Act: 11 (1) The terms ‘‘elementary school’’ and ‘‘sec- 12 ondary school’’ have the meanings given such terms 13 in section 8101 of the Elementary and Secondary 14 Education Act of 1965 (20 U.S.C. 7801). 15 (2) The term ‘‘institution of higher education’’ 16 has the meaning given such term in section 102 of 17 the Higher Education Act of 1965 (20 U.S.C. 18 1002). 19 (3) The term ‘‘covered individual’’ means, with 20 respect to an elementary school, secondary school, or 21 institution of higher education— 22 (A) a student at the school or institution; 23 (B) an individual who is employed at the 24 school or institution; or 25 VerDate Sep 11 2014 21:09 Aug 06, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7710.IH H7710 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 7710 IH (C) a visitor at the school or institution. 1 Æ VerDate Sep 11 2014 21:09 Aug 06, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H7710.IH H7710 pbinns on DSKJLVW7X2PROD with BILLS