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 guidelines issued by the State and the Centers for Disease Control Prevention. (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, 2020, 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