{"identifier":"/us/usc/t42/s247d\u20136e","title":42,"num":"\u00a7\u202f247d\u20136e.","heading":"Covered countermeasure process","text":"\u00a7\u202f247d\u20136e.\nCovered countermeasure process\n(a)\nEstablishment of Fund\nUpon the issuance by the Secretary of a declaration under\nsection 247d\u20136d(b) of this title\nOctober 1, 2006\n(b)\nPayment of compensation\n(1)\nIn general\nIf the Secretary issues a declaration under 247d\u20136d(b) of this title, the Secretary shall, after amounts have by law been provided for the Fund under subsection (a), provide compensation to an eligible individual for a covered injury directly caused by the administration or use of a covered countermeasure pursuant to such declaration.\n(2)\nElements of compensation\nThe compensation that shall be provided pursuant to paragraph (1) shall have the same elements, and be in the same amount, as is prescribed by sections 239c, 239d, and 239e of this title in the case of certain individuals injured as a result of administration of certain countermeasures against smallpox, except that\nsection 239e(a)(2)(B) of this title\n(3)\nRule of construction\nNeither reasonable and necessary medical benefits nor lifetime total benefits for lost employment income due to permanent and total disability shall be limited by\nsection 239e of this title\n(4)\nDetermination of eligibility and compensation\nExcept as provided in this section, the procedures for determining, and for reviewing a determination of, whether an individual is an eligible individual, whether such individual has sustained a covered injury, whether compensation may be available under this section, and the amount of such compensation shall be those stated in\nsection 239a of this title\n(5)\nCovered countermeasure injury table\n(A)\nIn general\nThe Secretary shall by regulation establish a table identifying covered injuries that shall be presumed to be directly caused by the administration or use of a covered countermeasure and the time period in which the first symptom or manifestation of onset of each such adverse effect must manifest in order for such presumption to apply. The Secretary may only identify such covered injuries, for purpose of inclusion on the table, where the Secretary determines, based on compelling, reliable, valid, medical and scientific evidence that administration or use of the covered countermeasure directly caused such covered injury.\n(B)\nAmendments\nThe provisions of\nsection 239b of this title\n(C)\nJudicial review\nNo court of the United States, or of any State, shall have subject matter jurisdiction to review, whether by mandamus or otherwise, any action by the Secretary under this paragraph.\n(6)\nMeanings of terms\nIn applying sections 239a, 239b, 239c, 239d, and 239e of this title for purposes of this section\u2014\n(A) the terms \u201cvaccine\u201d and \u201csmallpox vaccine\u201d shall be deemed to mean a covered countermeasure;\n(B) the terms \u201csmallpox vaccine injury table\u201d and \u201ctable established under\nsection 239b of this title\n(C) other terms used in those sections shall have the meanings given to such terms by this section.\n(c)\nVoluntary program\nThe Secretary shall ensure that a State, local, or Department of Health and Human Services plan to administer or use a covered countermeasure is consistent with any declaration under 247d\u20136d of this title and any applicable guidelines of the Centers for Disease Control and Prevention and that potential participants are educated with respect to contraindications, the voluntary nature of the program, and the availability of potential benefits and compensation under this part.\n(d)\nExhaustion; exclusivity; election\n(1)\nExhaustion\nSubject to paragraph (5), a covered individual may not bring a civil action under\nsection 247d\u20136d(d) of this title\nsection 247d\u20136d(i)(2) of this title\nsection 247d\u20136d(d) of this title\n(2)\nTolling of statute of limitations\nThe time limit for filing a civil action under\nsection 247d\u20136d(d) of this title\n(3)\nRule of construction\nThis section shall not be construed as superseding or otherwise affecting the application of a requirement, under chapter 171 of title 28, to exhaust administrative remedies.\n(4)\nExclusivity\nThe remedy provided by subsection (a) shall be exclusive of any other civil action or proceeding for any claim or suit this section encompasses, except for a proceeding under\nsection 247d\u20136d of this title\n(5)\nElection\nIf under subsection (a) the Secretary determines that a covered individual qualifies for compensation, the individual has an election to accept the compensation or to bring an action under\nsection 247d\u20136d(d) of this title\n(e)\nDefinitions\nFor purposes of this section, the following terms shall have the following meanings:\n(1)\nCovered countermeasure\nThe term \u201ccovered countermeasure\u201d has the meaning given such term in\nsection 247d\u20136d of this title\n(2)\nCovered individual\nThe term \u201ccovered individual\u201d, with respect to administration or use of a covered countermeasure pursuant to a declaration, means an individual\u2014\n(A) who is in a population specified in such declaration, and with respect to whom the administration or use of the covered countermeasure satisfies the other specifications of such declaration; or\n(B) who uses the covered countermeasure, or to whom the covered countermeasure is administered, in a good faith belief that the individual is in the category described by subparagraph (A).\n(3)\nCovered injury\nThe term \u201ccovered injury\u201d means serious physical injury or death.\n(4)\nDeclaration\nThe term \u201cdeclaration\u201d means a declaration under\nsection 247d\u20136d(b) of this title\n(5)\nEligible individual\nThe term \u201celigible individual\u201d means an individual who is determined, in accordance with subsection (b), to be a covered individual who sustains a covered injury.","url":"https://projectusc.org/usc/t42/s247d\u20136e.html","content":[{"t":"sec","id":"/us/usc/t42/s247d\u20136e","children":[{"t":"num","text":"\u00a7\u202f247d\u20136e."},{"t":"heading","text":"Covered countermeasure process"},{"t":"subsec","id":"/us/usc/t42/s247d\u20136e/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Establishment of Fund"},{"t":"content","children":[{"t":"p","text":"Upon the issuance by the Secretary of a declaration under ","children":[{"t":"ref","text":"section 247d\u20136d(b) of this title","href":"/us/usc/t42/s247d\u20136d/b","tail":", there is hereby established in the Treasury an emergency fund designated as the \u201cCovered Countermeasure Process Fund\u201d for purposes of providing timely, uniform, and adequate compensation to eligible individuals for covered injuries directly caused by the administration or use of a covered countermeasure pursuant to such declaration, which Fund shall consist of such amounts designated as emergency appropriations under section 402 of H. Con. Res. 95 of the 109th Congress, this emergency designation shall remain in effect through "},{"t":"text","text":"October 1, 2006","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s247d\u20136e/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Payment of compensation"},{"t":"para","id":"/us/usc/t42/s247d\u20136e/b/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"If the Secretary issues a declaration under 247d\u20136d(b) of this title, the Secretary shall, after amounts have by law been provided for the Fund under subsection (a), provide compensation to an eligible individual for a covered injury directly caused by the administration or use of a covered countermeasure pursuant to such declaration.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s247d\u20136e/b/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Elements of compensation"},{"t":"content","children":[{"t":"p","text":"The compensation that shall be provided pursuant to paragraph (1) shall have the same elements, and be in the same amount, as is prescribed by sections 239c, 239d, and 239e of this title in the case of certain individuals injured as a result of administration of certain countermeasures against smallpox, except that ","children":[{"t":"ref","text":"section 239e(a)(2)(B) of this title","href":"/us/usc/t42/s239e/a/2/B","tail":" shall not apply."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s247d\u20136e/b/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Rule of construction"},{"t":"content","children":[{"t":"p","text":"Neither reasonable and necessary medical benefits nor lifetime total benefits for lost employment income due to permanent and total disability shall be limited by ","children":[{"t":"ref","text":"section 239e of this title","href":"/us/usc/t42/s239e","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s247d\u20136e/b/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Determination of eligibility and compensation"},{"t":"content","children":[{"t":"p","text":"Except as provided in this section, the procedures for determining, and for reviewing a determination of, whether an individual is an eligible individual, whether such individual has sustained a covered injury, whether compensation may be available under this section, and the amount of such compensation shall be those stated in ","children":[{"t":"ref","text":"section 239a of this title","href":"/us/usc/t42/s239a","tail":" (other than in subsection (d)(2) of such section), in regulations issued pursuant to that section, and in such additional or alternate regulations as the Secretary may promulgate for purposes of this section. In making determinations under this section, other than those described in paragraph (5)(A) as to the direct causation of a covered injury, the Secretary may only make such determination based on compelling, reliable, valid, medical and scientific evidence."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s247d\u20136e/b/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Covered countermeasure injury table"},{"t":"subpara","id":"/us/usc/t42/s247d\u20136e/b/5/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"The Secretary shall by regulation establish a table identifying covered injuries that shall be presumed to be directly caused by the administration or use of a covered countermeasure and the time period in which the first symptom or manifestation of onset of each such adverse effect must manifest in order for such presumption to apply. The Secretary may only identify such covered injuries, for purpose of inclusion on the table, where the Secretary determines, based on compelling, reliable, valid, medical and scientific evidence that administration or use of the covered countermeasure directly caused such covered injury.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s247d\u20136e/b/5/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Amendments"},{"t":"content","children":[{"t":"p","text":"The provisions of ","children":[{"t":"ref","text":"section 239b of this title","href":"/us/usc/t42/s239b","tail":" (other than a provision of subsection (a)(2) of such section that relates to accidental vaccinia inoculation) shall apply to the table established under this section."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s247d\u20136e/b/5/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Judicial review"},{"t":"content","children":[{"t":"p","text":"No court of the United States, or of any State, shall have subject matter jurisdiction to review, whether by mandamus or otherwise, any action by the Secretary under this paragraph.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s247d\u20136e/b/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Meanings of terms"},{"t":"chapeau","text":"In applying sections 239a, 239b, 239c, 239d, and 239e of this title for purposes of this section\u2014"},{"t":"subpara","id":"/us/usc/t42/s247d\u20136e/b/6/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the terms \u201cvaccine\u201d and \u201csmallpox vaccine\u201d shall be deemed to mean a covered countermeasure;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s247d\u20136e/b/6/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the terms \u201csmallpox vaccine injury table\u201d and \u201ctable established under ","children":[{"t":"ref","text":"section 239b of this title","href":"/us/usc/t42/s239b","tail":"\u201d shall be deemed to refer to the table established under paragraph (4); and"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s247d\u20136e/b/6/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" other terms used in those sections shall have the meanings given to such terms by this section.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s247d\u20136e/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Voluntary program"},{"t":"content","children":[{"t":"p","text":"The Secretary shall ensure that a State, local, or Department of Health and Human Services plan to administer or use a covered countermeasure is consistent with any declaration under 247d\u20136d of this title and any applicable guidelines of the Centers for Disease Control and Prevention and that potential participants are educated with respect to contraindications, the voluntary nature of the program, and the availability of potential benefits and compensation under this part.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s247d\u20136e/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Exhaustion; exclusivity; election"},{"t":"para","id":"/us/usc/t42/s247d\u20136e/d/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Exhaustion"},{"t":"content","children":[{"t":"p","text":"Subject to paragraph (5), a covered individual may not bring a civil action under ","children":[{"t":"ref","text":"section 247d\u20136d(d) of this title","href":"/us/usc/t42/s247d\u20136d/d","tail":" against a covered person (as such term is defined in "},{"t":"ref","text":"section 247d\u20136d(i)(2) of this title","href":"/us/usc/t42/s247d\u20136d/i/2","tail":") unless such individual has exhausted such remedies as are available under subsection (a), except that if amounts have not by law been provided for the Fund under subsection (a), or if the Secretary fails to make a final determination on a request for benefits or compensation filed in accordance with the requirements of this section within 240 days after such request was filed, the individual may seek any remedy that may be available under "},{"t":"ref","text":"section 247d\u20136d(d) of this title","href":"/us/usc/t42/s247d\u20136d/d","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s247d\u20136e/d/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Tolling of statute of limitations"},{"t":"content","children":[{"t":"p","text":"The time limit for filing a civil action under ","children":[{"t":"ref","text":"section 247d\u20136d(d) of this title","href":"/us/usc/t42/s247d\u20136d/d","tail":" for an injury or death shall be tolled during the pendency of a claim for compensation under subsection (a)."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s247d\u20136e/d/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Rule of construction"},{"t":"content","children":[{"t":"p","text":"This section shall not be construed as superseding or otherwise affecting the application of a requirement, under chapter 171 of title 28, to exhaust administrative remedies.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s247d\u20136e/d/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Exclusivity"},{"t":"content","children":[{"t":"p","text":"The remedy provided by subsection (a) shall be exclusive of any other civil action or proceeding for any claim or suit this section encompasses, except for a proceeding under ","children":[{"t":"ref","text":"section 247d\u20136d of this title","href":"/us/usc/t42/s247d\u20136d","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s247d\u20136e/d/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Election"},{"t":"content","children":[{"t":"p","text":"If under subsection (a) the Secretary determines that a covered individual qualifies for compensation, the individual has an election to accept the compensation or to bring an action under ","children":[{"t":"ref","text":"section 247d\u20136d(d) of this title","href":"/us/usc/t42/s247d\u20136d/d","tail":". If such individual elects to accept the compensation, the individual may not bring such an action."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s247d\u20136e/e","children":[{"t":"num","text":"(e)"},{"t":"heading","text":"Definitions"},{"t":"chapeau","text":"For purposes of this section, the following terms shall have the following meanings:"},{"t":"para","id":"/us/usc/t42/s247d\u20136e/e/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Covered countermeasure"},{"t":"content","children":[{"t":"p","text":"The term \u201ccovered countermeasure\u201d has the meaning given such term in ","children":[{"t":"ref","text":"section 247d\u20136d of this title","href":"/us/usc/t42/s247d\u20136d","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s247d\u20136e/e/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Covered individual"},{"t":"chapeau","text":"The term \u201ccovered individual\u201d, with respect to administration or use of a covered countermeasure pursuant to a declaration, means an individual\u2014"},{"t":"subpara","id":"/us/usc/t42/s247d\u20136e/e/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" who is in a population specified in such declaration, and with respect to whom the administration or use of the covered countermeasure satisfies the other specifications of such declaration; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s247d\u20136e/e/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" who uses the covered countermeasure, or to whom the covered countermeasure is administered, in a good faith belief that the individual is in the category described by subparagraph (A).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s247d\u20136e/e/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Covered injury"},{"t":"content","children":[{"t":"p","text":"The term \u201ccovered injury\u201d means serious physical injury or death.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s247d\u20136e/e/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Declaration"},{"t":"content","children":[{"t":"p","text":"The term \u201cdeclaration\u201d means a declaration under ","children":[{"t":"ref","text":"section 247d\u20136d(b) of this title","href":"/us/usc/t42/s247d\u20136d/b","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s247d\u20136e/e/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Eligible individual"},{"t":"content","children":[{"t":"p","text":"The term \u201celigible individual\u201d means an individual who is determined, in accordance with subsection (b), to be a covered individual who sustains a covered injury.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}