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. 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. 

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 ‘‘Open Schools Respon5 sibly Act’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) In December 2019, a novel (new) 

4 coronavirus known as SARS–CoV–2 was first de5 tected in Wuhan, Hubei Province, People’s Republic 

6 of China, causing outbreaks of the coronavirus dis7 ease COVID–19 that has now spread globally. 

8 (2) Secretary Azar declared a Public Health 

9 Emergency under section 319 of the Public Health 

10 Service Act (42 U.S.C. 247d) for the United States 

11 for the transmission of the 2019 novel coronavirus, 

12 originating out of Wuhan, Hubei Province China, on 

13 January 31, 2020. 

14 (3) President Donald J. Trump proclaimed, on 

15 March 13, 2020, that the COVID–19 outbreak in 

16 the United States constitutes a national emergency, 

17 beginning March 1, 2020. 

18 (4) In order to catalyze and stabilize consistent 

19 growth in the economy, schools must be protected 

20 from liability of persons on campus (including stu21 dents, employees, and visitors) who assume the risk 

22 of contracting the virus upon return to the 2020– 

23 2021 academic school year. There is a strong desire 

24 from Congress to make sure academic institutions 

25 re-open as swiftly and safely as possible, without 

26 threat of economic penalties from assumed risk. 


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•HR 7710 IH

1 SEC. 3. LIMITATION ON LIABILITY FOR ELEMENTARY 

2 SCHOOLS, SECONDARY SCHOOLS, AND INSTI3 TUTIONS OF HIGHER EDUCATION DURING 

4 THE COVID–19 PUBLIC HEALTH EMERGENCY. 

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

6 in subsection (b), an elementary school, secondary school, 

7 or institution of higher education shall not be liable under 

8 Federal or State law to a covered individual for any harm 

9 caused by an act or omission of the school or institution 

10 with respect to any harm arising from that individual’s 

11 exposure to, or infection by, the virus that causes COVID– 

12 19 during the public health emergency with respect to 

13 COVID–19 declared by the Secretary of Health and 

14 Human Services (referred to in this section as the ‘‘Sec15 retary’’) under section 319 of the Public Health Service 

16 Act (42 U.S.C. 247d) on January 31, 2020, if the school 

17 or institution was in compliance with applicable guidelines 

18 issued by the State and the Centers for Disease Control 

19 Prevention. 

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

21 the harm was caused by an act or omission constituting 

22 willful or criminal misconduct, gross negligence, reckless 

23 misconduct, or a conscious flagrant indifference to the 

24 rights or safety of the covered individual harmed by the 

25 school or institution. 


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1 (c) PREEMPTION.—This section preempts the laws of 

2 a State or any political subdivision of a State to the extent 

3 that such laws are inconsistent with this section, unless 

4 such laws provide greater protection from liability. 

5 (d) EFFECTIVE DATE.—This section shall take effect 

6 as if enacted on January 31, 2020, and applies with re7 spect to a claim for harm if the act or omission that 

8 caused such harm occurred on or after such date. 

9 (e) SUNSET.—This section shall sunset on January 

10 31, 2025. 

11 (f) DEFINITIONS.—In this Act: 

12 (1) The terms ‘‘elementary school’’ and ‘‘sec13 ondary school’’ have the meanings given such terms 

14 in section 8101 of the Elementary and Secondary 

15 Education Act of 1965 (20 U.S.C. 7801). 

16 (2) The term ‘‘institution of higher education’’ 

17 has the meaning given such term in section 102 of 

18 the Higher Education Act of 1965 (20 U.S.C. 

19 1002). 

20 (3) The term ‘‘covered individual’’ means, with 

21 respect to an elementary school, secondary school, or 

22 institution of higher education— 

23 (A) a student at the school or institution; 

24 (B) an individual who is employed at the 

25 school or institution; or 


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1 (C) a visitor at the school or institution. 

Æ 


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