LOCAL HEALTH Act

To protect covered entities that take measures to comply with the guidelines of the Centers for Disease Control and Prevention to prevent or mitigate the spread of the virus that causes COVID–19, and for other purposes. 1. Short title This Act may be cited as the Let Our Cities And Local businesses Help Employees Achieve Long-Term Health Act LOCAL HEALTH Act 2. Findings Congress finds the following: (1) According to the Department of Health and Human Services, a nationwide public health emergency caused by the COVID–19 pandemic began on January 27, 2020. (2) To curb the spread of the disease, State and local governments enacted necessary restrictions on businesses. (3) On June 8, 2020, the National Bureau of Economic Research announced that the United States entered into a recession in March 2020. (4) According to the Bureau of Labor Statistics, in April 2020, the nationwide unemployment rate of 14.7 percent was the highest recorded monthly rate since the Great Depression. (5) By August 2021, the unemployment rate was down to 5.2 percent, still 1.7 percent higher than in February 2020, before the pandemic began. (6) The duration of unemployment has increased over the course of the pandemic. (7) The percentage of unemployed individuals who have been unemployed for 27 weeks or more was 37.4 percent in August 2021, compared to 19.3 percent in February 2020. (8) As of August 2021, 5.6 million people reported being unable to work because an employer closed or lost significant employees during the pandemic. (9) The decline in gross domestic product in the second quarter of 2020 of 31.4 percent was the highest rate of decline since before World War II. (10) In the initial months of the pandemic, 74 percent of small employers reported revenue loss. (11) Although the economy has improved since April 2020, many indicators show the economy has not fully recovered, and in some cases, economic recovery is slowing. (12) Experts at the Centers for Disease Control and Prevention, World Health Organization, and other public health experts in the United States and around the world have identified proven measures to curb the spread of the virus that causes COVID–19, including the use of properly fitted masks and other face coverings, social distancing, and mass vaccination. (13) As of September 17, 2021, the Commissioner of Food and Drugs has approved one vaccine and issued emergency use authorizations for two additional vaccines, all of which have proven to significantly reduce the rate of infection of COVID–19 and the risk of serious disease, hospitalization, and death. (14) The widespread use of these measures has allowed many employers, schools, and other entities to safely resume prepandemic operations. (15) Studies show that full vaccination against SARS–CoV–2 is between 85 to 95 percent effective in preventing infection and between 96 and 100 percent effective in preventing severe, critical, or fatal disease. (16) School closures due to COVID–19 have impacted labor force participation. (17) Between February and September 2020, approximately 900,000 mothers and 300,000 fathers left the workforce. (18) One in ten working mothers quit a job due to COVID–19 and more than half reported school closures as a reason for leaving the workforce. (19) Three out of ten working mothers missed work due to school or daycare closures. (20) The Centers for Disease Control and Prevention has found that mask mandates have helped schools stay open and avoid outbreaks of COVID–19. 3. Protections for complying with guidelines of the Centers for Disease Control and Prevention (a) In general Subject to subsection (b), each covered entity may take measures to prevent or mitigate the spread of the virus that causes COVID–19 in accordance with the guidelines of the Centers for Disease Control and Prevention in effect as of the date of such measures. (b) Exceptions This section does not authorize a covered entity to take measures that are inconsistent with— (1) accommodations required under the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. (2) exemptions for sincerely held religious beliefs that are required under applicable law. (c) Measures included and other measures in accordance with CDC guidelines A measure under subsection (a) may include a requirement with respect to— (1) the use of a properly fitted mask or other face covering; (2) a covered entity verifying the vaccination status of an employee or an individual; (3) an employee or individual undergoing a diagnostic test; and (4) a covered entity ensuring that employees and individuals maintain a sufficient distance when possible. (d) State preemption No State may establish, enforce, or continue in effect a State law or regulation that prohibits or restricts any measure to the extent such measure is authorized by this section. (e) Immunity A covered entity, including an employee or officer thereof carrying out the directive of a covered entity pursuant to a measure under this Act, shall be immune from suit and liability under Federal and State law with respect to all claims, including State enforcement actions, caused by, arising out of, relating to, or resulting from a measure taken pursuant to this Act, unless such measure involves negligent behavior or willful misconduct. (f) Covered entity defined In this Act, the term covered entity (1) a private business; or (2) a local, county, or municipal government or agency.

Summary: Let Our Cities And Local businesses Help Employees Achieve Long-Term Health Act or the LOCAL HEALTH Act This bill authorizes private businesses and local governments and agencies to require the use of face masks and take other measures aligned with Centers for Disease Control and Prevention guidelines to prevent the spread of COVID-19, provided that the required measures accommodate individuals with disabilities and include exemptions for sincerely held religious beliefs. The bill also (1) prohibits a state from establishing or enforcing a law that restricts an authorized measure, and (2) provides immunity to private businesses and local government entities from federal or state claims arising from an authorized measure unless the claim involves negligent behavior or willful misconduct.