The COVID Project
The record
- Jurisdiction
- United States
- Level
- Federal
- Authority
- 42 U.S.C. 247d-6d; PREP Act Declaration, 85 Fed. Reg. 15198 (Mar. 17, 2020), as amended
- Issued
- 2020-10-23 Oct. 23, 2020
- Effective
- 2020-10-23 (interpretive; states the Department's reading) (read as 2020-10-23)
- End
- standing (read as 2021-09-30)
- In force
- Standing since Oct. 23, 2020 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Other
- Addressees
- private businesses, transportation providers, schools, religious organizations and other program planners
- Character
- agency interpretation
- Collection
- Standing duties: Federal layer DUT-FED
Operative words
In short, any individual or organization can potentially be a program planner and receive PREP Act coverage. So for example, private businesses, public and private transportation providers, public and private schools, and religious organizations are all eligible for PREP Act coverage when they act [in accordance with the Declaration]... a program planner can be a 'private sector employer or community group' that 'carries out the described activities.'... Such entities may also include businesses, schools, and places of worship.
Penalty
loss of immunity when the Declaration's conditions are not met
What it required
HHS's reading that a private employer using authorized tests, respirators and other covered countermeasures in its workplace is a 'program planner' whose immunity depends on acting in accordance with the Declaration, including the public-health and medical response directives of the Authority Having Jurisdiction (the State or local health authority). Character as recorded: agency_interpretation (liability shield condition).
Retrieval notehhs.gov refused direct retrieval; the exhibit is the Wayback Machine's raw capture of the Department's own PDF.