I 
117TH CONGRESS 
1ST SESSION H. R. 5079 
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 
AUGUST 23, 2021 
Mr. MURPHY of North Carolina (for himself, Mr. WEBER of Texas, Mr. BARR, 
Mr. NORMAN, Mr. HUDSON, Mr. LAMBORN, Mr. CLINE, Mr. BISHOP of 
North Carolina, Ms. LETLOW, Mr. TIFFANY, Mrs. MILLER-MEEKS, Mr. 
ALLEN, and Mr. OBERNOLTE) introduced the following bill; which was re-
ferred 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-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Open Schools Respon-
sibly Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
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(1) 
In 
December 
2019, 
a 
novel 
(new) 
coronavirus known as SARS–CoV–2 was first de-
tected in Wuhan, Hubei Province, People’s Republic 
of China, causing outbreaks of the coronavirus dis-
ease COVID–19 that has now spread globally. 
(2) Secretary Azar declared a Public Health 
Emergency under section 319 of the Public Health 
Service Act (42 U.S.C. 247d) for the United States 
for the transmission of the 2019 novel coronavirus, 
originating out of Wuhan, Hubei Province China, on 
January 31, 2020. 
(3) President Donald J. Trump proclaimed, on 
March 13, 2020, that the COVID–19 outbreak in 
the United States constitutes a national emergency, 
beginning March 1, 2020. 
(4) In order to catalyze and stabilize consistent 
growth in the economy, schools must be protected 
from liability of persons on campus (including stu-
dents, employees, and visitors) who assume the risk 
of contracting the virus upon return to the 2021– 
2022 academic school year. There is a strong desire 
from Congress to make sure academic institutions 
re-open as swiftly and safely as possible, without 
threat of economic penalties from assumed risk. 
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SEC. 3. LIMITATION ON LIABILITY FOR ELEMENTARY 
SCHOOLS, SECONDARY SCHOOLS, AND INSTI-
TUTIONS OF HIGHER EDUCATION DURING 
THE COVID–19 PUBLIC HEALTH EMERGENCY. 
(a) LIMITATION ON LIABILITY.—Except as provided 
in subsection (b), an elementary school, secondary school, 
or institution of higher education shall not be liable under 
Federal or State law to a covered individual for any harm 
caused by an act or omission of the school or institution 
with respect to any harm arising from that individual’s 
exposure to, or infection by, the virus that causes COVID– 
19 during the public health emergency with respect to 
COVID–19 declared by the Secretary of Health and 
Human Services (referred to in this section as the ‘‘Sec-
retary’’) under section 319 of the Public Health Service 
Act (42 U.S.C. 247d) on January 31, 2020, if the school 
or institution was in compliance with applicable require-
ments issued by the applicable State. 
(b) EXCEPTIONS.—Subsection (a) does not apply if 
the harm was caused by an act or omission constituting 
willful or criminal misconduct, gross negligence, reckless 
misconduct, or a conscious flagrant indifference to the 
rights or safety of the covered individual harmed by the 
school or institution. 
(c) PREEMPTION.—This section preempts the laws of 
a State or any political subdivision of a State to the extent 
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that such laws are inconsistent with this section, unless 
such laws provide greater protection from liability. 
(d) EFFECTIVE DATE.—This section shall take effect 
as if enacted on January 31, 2022, and applies with re-
spect to a claim for harm if the act or omission that 
caused such harm occurred on or after such date. 
(e) SUNSET.—This section shall sunset on January 
31, 2025. 
(f) DEFINITIONS.—In this Act: 
(1) The terms ‘‘elementary school’’ and ‘‘sec-
ondary school’’ have the meanings given such terms 
in section 8101 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7801). 
(2) The term ‘‘institution of higher education’’ 
has the meaning given such term in section 102 of 
the Higher Education Act of 1965 (20 U.S.C. 
1002). 
(3) The term ‘‘covered individual’’ means, with 
respect to an elementary school, secondary school, or 
institution of higher education— 
(A) a student at the school or institution; 
(B) an individual who is employed at the 
school or institution; or 
(C) a visitor at the school or institution. 
Æ 
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