The COVID Project
The record
- Jurisdiction
- United States
- Level
- Federal
- Authority
- 42 U.S.C. 247d-6d(a), (b), (c), (i)
- Issued
- 2005-12-30 Dec. 30, 2005
- Effective
- standing; operative for COVID-19 from Feb. 4, 2020 under the Declaration (Ex. FED-180) (read as 2020-02-04)
- End
- standing (read as 2021-09-30)
- In force
- Standing since Feb. 4, 2020 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Standing dutyOther
- Addressees
- covered persons: manufacturers, distributors, program planners (including private employers and community groups), qualified persons
- Character
- liability shield condition
- Collection
- Standing duties: Federal layer DUT-FED
Operative words
(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 'willful misconduct' 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...
Penalty
loss of immunity when the conditions are not met
What it required
Federal immunity for a 'program planner' (including a private employer under the Declaration's definition, Ex. FED-180) for the use of covered countermeasures (NIOSH-approved respirators, authorized tests and vaccines) applied 'only if' the use was within the declared period, disease, population and area, and under Section VII of the Declaration only for activities 'authorized in accordance with the public health and medical response of the Authority Having Jurisdiction'; compliance with the public-health authority's 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)).
Retrieval noteThe Declaration of March 10, 2020 (Ex. FED-180) and its amendments (Fourth, Ex. DUT-FED-027; Seventh, Ex. SEC-26-003) supply the conditions.