[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5898 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 5898
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 5, 2021
Ms. Lois Frankel of Florida (for herself, Ms. Castor of Florida, Mr.
Castro of Texas, Mr. Crist, Mr. Deutch, Mr. Gallego, Ms. Garcia of
Texas, Mr. Johnson of Georgia, Ms. Johnson of Texas, Mrs. Kirkpatrick,
Mr. Soto, Mr. Veasey, Ms. Wasserman Schultz, and Ms. Wilson of Florida)
introduced the following bill; which was referred to the Committee on
Energy and Commerce
_______________________________________________________________________
A BILL
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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