{"id":"DUT-FED-025","kind":"duty","level":"federal","jurisdiction":"United States","state":"","metro":"","industry":"","agency":"","eco":"","issuer":"Congress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103)","authority":"42 U.S.C. 247d-6d(a), (b), (c), (i)","instrument":"42 U.S.C. 247d-6d (PREP Act targeted liability protections)","title":"Targeted liability protections for pandemic and epidemic products and security countermeasures","dateIssued":"2005-12-30","effective":"standing; operative for COVID-19 from Feb. 4, 2020 under the Declaration (Ex. FED-180)","end":"standing","startDate":"2020-02-04","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","OTHER"],"addressees":["covered persons: manufacturers, distributors, program planners (including private employers and community groups), qualified persons"],"clause":"(a)(1)... a covered person shall be immune from suit and liability under Federal and State law with respect to all claims for loss caused by, arising out of, relating to, or resulting from the administration to or the use by an individual of a covered countermeasure if a declaration under subsection (b) has been issued with respect to such countermeasure.... (3) Certain conditions. Subject to the other provisions of this section, immunity under paragraph (1) with respect to a covered countermeasure applies only if-- (A) the countermeasure was administered or used during the effective period of the declaration...; (B) the countermeasure was administered or used for the category or categories of diseases... specified in the declaration; and (C) in addition, in the case of a covered person who is a program planner or qualified person with respect to the administration or use of the countermeasure, the countermeasure was administered to or used by an individual who-- (i) was in a population specified by the declaration; and (ii) was at the time of administration physically present in a geographic area specified by the declaration... (c)(1)(A)... the term \u0027willful misconduct\u0027 shall... denote an act or omission that is taken-- (i) intentionally to achieve a wrongful purpose; (ii) knowingly without legal or factual justification; and (iii) in disregard of a known or obvious risk...","enforcement":"loss of immunity when the conditions are not met","functions":[],"notes":"Federal immunity for a \u0027program planner\u0027 (including a private employer under the Declaration\u0027s definition, Ex. FED-180) for the use of covered countermeasures (NIOSH-approved respirators, authorized tests and vaccines) applied \u0027only if\u0027 the use was within the declared period, disease, population and area, and under Section VII of the Declaration only for activities \u0027authorized in accordance with the public health and medical response of the Authority Having Jurisdiction\u0027; compliance with the public-health authority\u0027s directives is therefore the condition of the federal shield. The exclusive remedy for death or serious injury is a willful-misconduct action in the District of Columbia (§ 247d-6d(d), (e)).","sourceUrl":"https://www.govinfo.gov/content/pkg/USCODE-2020-title42/pdf/USCODE-2020-title42-chap6A-subchapII-partB-sec247d-6d.pdf","snapshot":"","fileExists":true,"fileBytes":162581,"grade":"primary","character":"liability_shield_condition","description":"","collection":"DUT-FED","url":"/library/DUT-FED-025","exhibitUrl":"/exhibit/DUT-FED-025","citation":"Congress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103), 42 U.S.C. 247d-6d (PREP Act targeted liability protections) (standing) (Ex. DUT-FED-025)","stateName":"","related":["FED-180","DUT-FED-027","SEC-26-003"]}