[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7528 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 7528

  To limit the civil liability of persons for the spread or possible 
transmission of SARS-COV-2 caused by an act or omission while acting in 
    good faith during the COVID-19 emergency period, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              July 9, 2020

Mr. Graves of Louisiana (for himself, Mr. Cuellar, Mr. Carter of Texas, 
    Mr. Peterson, Mr. Barr, and Mr. Hice of Georgia) introduced the 
 following bill; which was referred to the Committee on the Judiciary, 
 and in addition to the Committee on Education and Labor, for a period 
    to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
  To limit the civil liability of persons for the spread or possible 
transmission of SARS-COV-2 caused by an act or omission while acting in 
    good faith during the COVID-19 emergency period, 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 ``Get America Back to Work Act''.

SEC. 2. LIMITATION ON LIABILITY.

    (a) In General.--Except as provided in subsection (c), no person 
shall be liable in any civil action for the spread or possible 
transmission of SARS-COV-2 caused by an act or omission of the person 
acting in good faith between January 1, 2020, and the date that is 18 
months after the end of the emergency period (as defined in section 
1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B))).
    (b) Preemption.--The laws of a State or any political subdivision 
of a State are hereby preempted to the extent such laws are 
inconsistent with this section, unless such laws provide greater 
protection from liability.
    (c) Exceptions.--Subsection (a) does not apply if the harm is 
shown, by clear and convincing evidence, to be caused by an act or 
omission constituting willful or criminal misconduct, reckless 
misconduct, gross negligence, or a conscious flagrant indifference to 
the rights or safety of the individual harmed by the person. For 
purposes of this section, infection with SARS-COV-2 may not be the 
basis for damages arising from bodily injury except to the extent that 
such injury is serious bodily injury.
    (d) Definitions.--In this section:
            (1) Person.--The term ``person'' includes--
                    (A) one or more individuals, business trusts, legal 
                representatives, corporations, companies, associations, 
                firms, partnerships, societies, joint stock companies, 
                universities, schools, nonprofit organizations, or 
                religious organizations; or
                    (B) any organized group of entities described in 
                subparagraph (A).
            (2) Good faith.--The term ``good faith'' means making 
        reasonable efforts to act in compliance with--
                    (A) applicable guidance from a Federal, State, 
                local, territorial, or Tribal public health authority; 
                or
                    (B) appropriate professional or industry standards, 
                recommendations, or guidance.
            (3) Serious bodily injury.--The term ``serious bodily 
        injury'' means--
                    (A) death or injury requiring in-patient 
                hospitalization of at least 48 hours;
                    (B) permanent impairment of a bodily function; or
                    (C) permanent damage to a body structure.
    (e) Applicability.--The limitation in this section shall be 
applicable in cases filed before, on, or after the date of enactment of 
this Act.
    (f) Rule of Construction.--Nothing in this section may be construed 
as superseding or weakening any Federal statute or other provision of 
Federal law that preempts the authority or actions of a State, 
territory, a political subdivision of a State or territory, or an 
Indian Tribe to regulate the practices or services of certain 
businesses or industries.

SEC. 3. LIMITATION ON LIABILITY FOR HEALTH CARE PROFESSIONALS DURING 
              COVID-19 EMERGENCY RESPONSE.

    (a) Limitation on Liability.--Except as provided in subsection (b), 
a provider of health care services, including a health care 
professional, shall not be liable under Federal or State law for the 
spread or possible transmission of SARS-COV-2 caused by an act or 
omission of the provider in the provision of health care services 
acting in good faith between January 1, 2020, and the date that is 18 
months after the end of the emergency period (as defined in section 
1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B))), 
if--
            (1) the provider is providing health care services 
        significantly impacted by, or in response to, the COVID-19 
        pandemic; and
            (2) the act or omission--
                    (A) occurs in the course of providing health care 
                services that are within the scope of the license, 
                registration, or certification of the professional, as 
                defined by the State of licensure, registration, or 
                certification;
                    (B) does not exceed the scope of license, 
                registration, or certification of a substantially 
                similar health professional in the State in which such 
                act or omission occurs; and
                    (C) is undertaken in a good faith belief that the 
                individual being treated is in need of health care 
                services.
    (b) Exceptions.--Subsection (a) does not apply if--
            (1) the harm is shown, by clear and convincing evidence, to 
        be caused by an act or omission of the provider of health care 
        services constituting willful or criminal misconduct, reckless 
        misconduct, gross negligence, or a conscious flagrant 
        indifference to the rights or safety of the individual harmed 
        by the health care professional; or
            (2) the provider of health care services rendered the 
        health care services under the influence (as determined 
        pursuant to applicable State law) of alcohol or an intoxicating 
        drug.
    (c) Preemption.--The laws of a State or any political subdivision 
of a State are hereby preempted to the extent such laws are 
inconsistent with this section, unless such laws provide greater 
protection from liability.
    (d) Definitions.--In this section--
            (1) The term ``good faith'' means making reasonable efforts 
        to act in compliance with--
                    (A) applicable guidance from a Federal, State, 
                local, territorial, or Tribal public health authority; 
                or
                    (B) appropriate professional or industry standards, 
                recommendations, or guidance.
            (2) The term ``health care professional'' means an 
        individual who is licensed, registered, certified, or otherwise 
        authorized under a Federal or State law to provide health care 
        services.
            (3) The term ``health care services'' means any service 
        provided by a health care professional, or by any individual 
        working under the supervision of a health care professional, 
        that relates to the diagnosis, prevention, or treatment of 
        COVID-19.

SEC. 4. OCCUPATIONAL SAFETY OR HEALTH HAZARD EXEMPTION.

    The Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et 
seq.) is amended--
            (1) in section 9 (29 U.S.C. 658)--
                    (A) subsection (a), by striking ``If, upon 
                inspection'' and inserting ``Except as provided in 
                subsection (d), if, upon inspection''; and
                    (B) by adding at the end the following new 
                subsection:
    ``(d) COVID-19 Exemption.--
            ``(1) In general.--For the period specified in paragraph 
        (3), the Secretary may not exercise authority pursuant to 
        subsection (a) to issue a citation with respect to a violation 
        related to the spread or possible transmission of SARS-COV-2 in 
        the workplace if the Secretary determines that the employer 
        acted in good faith.
            ``(2) Good faith defined.--The term `good faith' has the 
        meaning given such term in section 2(d) of the Get America Back 
        to Work Act.
            ``(3) Period specified.--The period specified in this 
        paragraph is the period beginning on January 1, 2020, and 
        ending on the date that is 18 months after the end of the 
        emergency period (as defined in section 1135(g)(1)(B) of the 
        Social Security Act (42 U.S.C. 1320b-5(g)(1)(B))).''; and
            (2) in section 17 (29 U.S.C. 666)--
                    (A) in subsection (a), by striking ``Any employer 
                who willfully'' and inserting ``Except as provided in 
                subsection (m), any employer who willfully'';
                    (B) in subsection (e), by striking ``Any employer 
                who willfully'' and inserting ``Except as provided in 
                subsection (m), any employer who willfully''; and
                    (C) by adding at the end the following new 
                subsection:
    ``(m) COVID-19 Exemption.--For the period specified in section 
9(d)(3), with respect to the spread or possible transmission of SARS-
COV-2 in the workplace, no employer who acted in good faith (as defined 
in section 2(d) of the Get America Back to Work Act) shall be subject 
to penalties under subsection (a) or subsection (e).''.
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