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Ex. DUT-FED-026 Standing duty Primary source read

Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23, 2020)

Advisory Opinion 20-04 on the PREP Act and the Secretary's Declaration

Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel) · United States (Federal)

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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
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 note

hhs.gov refused direct retrieval; the exhibit is the Wayback Machine's raw capture of the Department's own PDF.