LOCAL HEALTH Act
Bill: H.R.5898 | Sponsor: Rep. Frankel, Lois (D-FL)
Policy area: Health

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.

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Let Our Cities And Local businesses 
Help Employees Achieve Long-Term Health Act'' or the ``LOCAL HEALTH 
Act''.

SEC. 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.

SEC. 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.); or
            (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'' means--
            (1) a private business; or
            (2) a local, county, or municipal government or agency.
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