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 following 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 consideration 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 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Get America Back to 

5 Work Act’’. 


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1 SEC. 2. LIMITATION ON LIABILITY. 

2 (a) IN GENERAL.—Except as provided in subsection 

3 (c), no person shall be liable in any civil action for the 

4 spread or possible transmission of SARS–COV–2 caused 

5 by an act or omission of the person acting in good faith 

6 between January 1, 2020, and the date that is 18 months 

7 after the end of the emergency period (as defined in sec8 tion 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 

9 1320b–5(g)(1)(B))). 

10 (b) PREEMPTION.—The laws of a State or any polit11 ical subdivision of a State are hereby preempted to the 

12 extent such laws are inconsistent with this section, unless 

13 such laws provide greater protection from liability. 

14 (c) EXCEPTIONS.—Subsection (a) does not apply if 

15 the harm is shown, by clear and convincing evidence, to 

16 be caused by an act or omission constituting willful or 

17 criminal misconduct, reckless misconduct, gross neg18 ligence, or a conscious flagrant indifference to the rights 

19 or safety of the individual harmed by the person. For pur20 poses of this section, infection with SARS–COV–2 may 

21 not be the basis for damages arising from bodily injury 

22 except to the extent that such injury is serious bodily in23 jury. 

24 (d) DEFINITIONS.—In this section: 

25 (1) PERSON.—The term ‘‘person’’ includes— 


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1 (A) one or more individuals, business 

2 trusts, legal representatives, corporations, com3 panies, associations, firms, partnerships, soci4 eties, joint stock companies, universities, 

5 schools, nonprofit organizations, or religious or6 ganizations; or 

7 (B) any organized group of entities de8 scribed in subparagraph (A). 

9 (2) GOOD FAITH.—The term ‘‘good faith’’ 

10 means making reasonable efforts to act in compli11 ance with— 

12 (A) applicable guidance from a Federal, 

13 State, local, territorial, or Tribal public health 

14 authority; or 

15 (B) appropriate professional or industry 

16 standards, recommendations, or guidance. 

17 (3) SERIOUS BODILY INJURY.—The term ‘‘seri18 ous bodily injury’’ means— 

19 (A) death or injury requiring in-patient 

20 hospitalization of at least 48 hours; 

21 (B) permanent impairment of a bodily 

22 function; or 

23 (C) permanent damage to a body struc24 ture. 


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1 (e) APPLICABILITY.—The limitation in this section 

2 shall be applicable in cases filed before, on, or after the 

3 date of enactment of this Act. 

4 (f) RULE OF CONSTRUCTION.—Nothing in this sec5 tion may be construed as superseding or weakening any 

6 Federal statute or other provision of Federal law that pre7 empts the authority or actions of a State, territory, a polit8 ical subdivision of a State or territory, or an Indian Tribe 

9 to regulate the practices or services of certain businesses 

10 or industries. 

11 SEC. 3. LIMITATION ON LIABILITY FOR HEALTH CARE PRO12 FESSIONALS DURING COVID–19 EMERGENCY 

13 RESPONSE. 

14 (a) LIMITATION ON LIABILITY.—Except as provided 

15 in subsection (b), a provider of health care services, includ16 ing a health care professional, shall not be liable under 

17 Federal or State law for the spread or possible trans18 mission of SARS–COV–2 caused by an act or omission 

19 of the provider in the provision of health care services act20 ing in good faith between January 1, 2020, and the date 

21 that is 18 months after the end of the emergency period 

22 (as defined in section 1135(g)(1)(B) of the Social Security 

23 Act (42 U.S.C. 1320b–5(g)(1)(B))), if— 


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1 (1) the provider is providing health care serv2 ices significantly impacted by, or in response to, the 

3 COVID–19 pandemic; and 

4 (2) the act or omission— 

5 (A) occurs in the course of providing 

6 health care services that are within the scope of 

7 the license, registration, or certification of the 

8 professional, as defined by the State of licen9 sure, registration, or certification; 

10 (B) does not exceed the scope of license, 

11 registration, or certification of a substantially 

12 similar health professional in the State in which 

13 such act or omission occurs; and 

14 (C) is undertaken in a good faith belief 

15 that the individual being treated is in need of 

16 health care services. 

17 (b) EXCEPTIONS.—Subsection (a) does not apply if— 

18 (1) the harm is shown, by clear and convincing 

19 evidence, to be caused by an act or omission of the 

20 provider of health care services constituting willful 

21 or criminal misconduct, reckless misconduct, gross 

22 negligence, or a conscious flagrant indifference to 

23 the rights or safety of the individual harmed by the 

24 health care professional; or 


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1 (2) the provider of health care services rendered 

2 the health care services under the influence (as de3 termined pursuant to applicable State law) of alcohol 

4 or an intoxicating drug. 

5 (c) PREEMPTION.—The laws of a State or any polit6 ical subdivision of a State are hereby preempted to the 

7 extent such laws are inconsistent with this section, unless 

8 such laws provide greater protection from liability. 

9 (d) DEFINITIONS.—In this section— 

10 (1) The term ‘‘good faith’’ means making rea11 sonable efforts to act in compliance with— 

12 (A) applicable guidance from a Federal, 

13 State, local, territorial, or Tribal public health 

14 authority; or 

15 (B) appropriate professional or industry 

16 standards, recommendations, or guidance. 

17 (2) The term ‘‘health care professional’’ means 

18 an individual who is licensed, registered, certified, or 

19 otherwise authorized under a Federal or State law 

20 to provide health care services. 

21 (3) The term ‘‘health care services’’ means any 

22 service provided by a health care professional, or by 

23 any individual working under the supervision of a 

24 health care professional, that relates to the diag25 nosis, prevention, or treatment of COVID–19. 


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1 SEC. 4. OCCUPATIONAL SAFETY OR HEALTH HAZARD EX2 EMPTION. 

3 The Occupational Safety and Health Act of 1970 (29 

4 U.S.C. 651 et seq.) is amended— 

5 (1) in section 9 (29 U.S.C. 658)— 

6 (A) subsection (a), by striking ‘‘If, upon 

7 inspection’’ and inserting ‘‘Except as provided 

8 in subsection (d), if, upon inspection’’; and 

9 (B) by adding at the end the following new 

10 subsection: 

11 ‘‘(d) COVID–19 EXEMPTION.— 

12 ‘‘(1) IN GENERAL.—For the period specified in 

13 paragraph (3), the Secretary may not exercise au14 thority pursuant to subsection (a) to issue a citation 

15 with respect to a violation related to the spread or 

16 possible transmission of SARS–COV–2 in the work17 place if the Secretary determines that the employer 

18 acted in good faith. 

19 ‘‘(2) GOOD FAITH DEFINED.—The term ‘good 

20 faith’ has the meaning given such term in section 

21 2(d) of the Get America Back to Work Act. 

22 ‘‘(3) PERIOD SPECIFIED.—The period specified 

23 in this paragraph is the period beginning on Janu24 ary 1, 2020, and ending on the date that is 18 

25 months after the end of the emergency period (as 


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1 defined in section 1135(g)(1)(B) of the Social Secu2 rity Act (42 U.S.C. 1320b–5(g)(1)(B))).’’; and 

3 (2) in section 17 (29 U.S.C. 666)— 

4 (A) in subsection (a), by striking ‘‘Any em5 ployer who willfully’’ and inserting ‘‘Except as 

6 provided in subsection (m), any employer who 

7 willfully’’; 

8 (B) in subsection (e), by striking ‘‘Any em9 ployer who willfully’’ and inserting ‘‘Except as 

10 provided in subsection (m), any employer who 

11 willfully’’; and 

12 (C) by adding at the end the following new 

13 subsection: 

14 ‘‘(m) COVID–19 EXEMPTION.—For the period speci15 fied in section 9(d)(3), with respect to the spread or pos16 sible transmission of SARS–COV–2 in the workplace, no 

17 employer who acted in good faith (as defined in section 

18 2(d) of the Get America Back to Work Act) shall be sub19 ject to penalties under subsection (a) or subsection (e).’’. 

Æ 


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