Title: Open Schools Responsibly Act
Policy area: Law

Summary:
Open Schools Responsibly Act
This bill limits civil liability for elementary and secondary schools and institutions of higher education relating to any harm arising from exposure to, or infection by, COVID-19 suffered by a student, employee, or visitor. Specifically, a school or institution shall not be liable for such harm if the school or institution was in compliance with applicable state requirements. However, a school or institution may be liable for acts or omissions that constitute willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious flagrant indifference to the rights or safety of the individual harmed.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5079 Introduced in House (IH)]

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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 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.

    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 ``Open Schools Responsibly Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) In December 2019, a novel (new) coronavirus known as 
        SARS-CoV-2 was first detected in Wuhan, Hubei Province, 
        People's Republic of China, causing outbreaks of the 
        coronavirus disease 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 students, 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.

SEC. 3. LIMITATION ON LIABILITY FOR ELEMENTARY SCHOOLS, SECONDARY 
              SCHOOLS, AND INSTITUTIONS 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 ``Secretary'') 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 requirements 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 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 respect 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 ``secondary 
        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.
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