Service Assurance Act of 2020

Bill: 116-hr-6976
Sponsor: full_name: Rep. Hartzler, Vicky [R-MO-4]
Introduced: 2020-05-22
Policy area: Law
Subjects: Cardiovascular and respiratory health

Civil actions and liability

Emergency medical services and trauma care

Federal preemption

Infectious and parasitic diseases

Social work, volunteer service, charitable organizations

State and local government operations

Tax-exempt organizations
Latest action: action_date: 2020-05-22
text: Referred to the House Committee on the Judiciary.

Summaries:
action_date: 2020-05-22
action_desc: Introduced in House
text: <p><b>Service Assurance Act of 2020</b></p> <p>This bill exempts nonprofit organizations from liability for any act or omission relating to harm arising from exposure to, or infection by, the coronavirus (i.e., the virus that causes COVID-19) during the COVID-19 public health emergency. However, this&nbsp;exemption does not apply with respect to&nbsp;acts or omissions that constitute willful or criminal misconduct, gross negligence, reckless misconduct, or conscious and flagrant indifference to the rights or safety of the individual harmed. </p>

tv_txt: I 116th CONGRESS 2d Session H. R. 6976 IN THE HOUSE OF REPRESENTATIVES May 22, 2020 Mrs. Hartzler (for herself, Mr. Aderholt , Mr. Lamborn , Mr. Banks , Mr. Joyce of Pennsylvania , Mr. Babin , Mr. Murphy of North Carolina , Mr. Flores , Mr. Conaway , Mr. King of Iowa , Mr. Collins of Georgia , Mr. Grothman , Mr. Allen , Mr. Budd , Mr. Norman , Mr. Walker , Mr. Green of Tennessee , Mr. Bishop of North Carolina , and Mr. Weber of Texas ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide liability protection for nonprofit organizations during the COVID–19 outbreak, and for other purposes.

1. Short title This Act may be cited as the Service Assurance Act of 2020 . 2. Protection from liability for nonprofit organizations in certain civil actions relating to COVID–19 (a) In general Except as provided in subsection (b), a nonprofit organization shall not be liable under Federal or State law for any act or omission of the organization with respect to any harm arising from exposure to, or infection by, the virus that causes COVID–19 during a public health emergency with respect to COVID–19 declared pursuant to section 319 of the Public Health Service Act ( 42 U.S.C. 247d ). (b) Exception 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 individual harmed by the entity. (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) Definition In this Act, the term nonprofit organization means an entity that is an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 ( 26 U.S.C. 501(c)(3) ) and exempt from tax under section 501(a) of such Code ( 26 U.S.C. 501(a) ).