1. Short title This Act may be cited as the Open Schools Responsibly Act . 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 2020–2021 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. 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