1. U.S. Code
  2. title 42
  3. chapter 6A
  4. subchapter I
  5. part C
  6. § 239

Collapse to view only § 239. General provisions

§ 239. General provisions
(a) DefinitionsFor purposes of this part:
(1) Covered countermeasure
(2) Covered individualThe term “covered individual” means an individual—
(A) who is a health care worker, law enforcement officer, firefighter, security personnel, emergency medical personnel, other public safety personnel, or support personnel for such occupational specialities 1
1 So in original. Probably should be “specialties”.
;
(B) who is or will be functioning in a role identified in a State, local, or Department of Health and Human Services smallpox emergency response plan (as defined in paragraph (7)) approved by the Secretary;
(C) who has volunteered and been selected to be a member of a smallpox emergency response plan described in subparagraph (B) prior to the time at which the Secretary publicly announces that an active case of smallpox has been identified either within or outside of the United States; and
(D) to whom a smallpox vaccine is administered pursuant to such approved plan during the effective period of the Declaration (including the portion of such period before April 30, 2003).
(3) Covered injuryThe term “covered injury” means an injury, disability, illness, condition, or death (other than a minor injury such as minor scarring or minor local reaction) determined, pursuant to the procedures established under section 239a of this title, to have been sustained by an individual as the direct result of—
(A) administration to the individual of a covered countermeasure during the effective period of the Declaration; or
(B) accidental vaccinia inoculation of the individual in circumstances in which—
(i) the vaccinia is contracted during the effective period of the Declaration or within 30 days after the end of such period;
(ii) smallpox vaccine has not been administered to the individual; and
(iii) the individual has been in contact with an individual who is (or who was accidentally inoculated by) a covered individual.
(4) Declaration
(5) Effective period of the Declaration
(6) Eligible individualThe term “eligible individual” means an individual who is (as determined in accordance with section 239a of this title)—
(A) a covered individual who sustains a covered injury in the manner described in paragraph (3)(A); or
(B) an individual who sustains a covered injury in the manner described in paragraph (3)(B).
(7) Smallpox emergency response plan
(b) Voluntary programThe Secretary shall ensure that a State, local, or Department of Health and Human Services plan to vaccinate individuals that is approved by the Secretary establishes procedures to ensure, consistent with the Declaration and any applicable guidelines of the Centers for Disease Control and Prevention, that—
(1) 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;
(2) there is voluntary screening provided to potential participants that can identify health conditions relevant to contraindications; and
(3) there is appropriate post-inoculation medical surveillance that includes an evaluation of adverse health effects that may reasonably appear to be due to such vaccine and prompt referral of, or the provision of appropriate information to, any individual requiring health care as a result of such adverse health event.
(July 1, 1944, ch. 373, title II, § 261, as added Pub. L. 108–20, § 2, Apr. 30, 2003, 117 Stat. 638.)

CITE AS: 42 USC 239

§ 239a. Determination of eligibility and benefits
(a) In general
The Secretary shall establish procedures for determining, as applicable with respect to an individual—
(1) whether the individual is an eligible individual;
(2) whether an eligible individual has sustained a covered injury or injuries for which medical benefits or compensation may be available under sections 239c and 239d of this title, and the amount of such benefits or compensation; and
(3) whether the covered injury or injuries of an eligible individual caused the individual’s death for purposes of benefits under section 239e of this title.
(b) Covered individuals
(c) Criteria for reimbursement
(1) Injuries specified in injury table
(2) Other determinations
(d) Deadline for filing request
The Secretary shall not consider any request for a benefit under this part with respect to an individual, unless—
(1) in the case of a request based on the administration of the vaccine to the individual, the individual files with the Secretary an initial request for benefits or compensation under this part not later than one year after the date of administration of the vaccine; or
(2) in the case of a request based on accidental vaccinia inoculation, the individual files with the Secretary an initial request for benefits or compensation under this part not later than two years after the date of the first symptom or manifestation of onset of the adverse effect.
(e) Structured settlements at Secretary’s option
(f) Review of determination
(1) Secretary’s review authority
(2) Judicial and administrative review
(July 1, 1944, ch. 373, title II, § 262, as added Pub. L. 108–20, § 2, Apr. 30, 2003, 117 Stat. 640.)

CITE AS: 42 USC 239a

§ 239b. Smallpox vaccine injury table
(a)1
1 So in original. No subsec. (b) has been enacted.
Smallpox vaccine injury table
(1) Establishment required
(2) Amendments
(July 1, 1944, ch. 373, title II, § 263, as added Pub. L. 108–20, § 2, Apr. 30, 2003, 117 Stat. 641.)

CITE AS: 42 USC 239b

§ 239c. Medical benefits
(a) In general
(b) Benefits secondary to other coverage
(July 1, 1944, ch. 373, title II, § 264, as added Pub. L. 108–20, § 2,

CITE AS: 42 USC 239c

§ 239d. Compensation for lost employment income
(a) In general
(b) Amount of compensation
(1) In general
(2) Augmented compensation for dependents
(3) Consideration of other programs
(A) In general
(B) Minors
(4) Treatment of self-employment income
(c) Limitations
(1) Benefits secondary to other coverage
(A) In general
(B) Relation to other obligations
(2) No benefits in case of death
(3) Limit on total benefits
(A) In general
Except as provided in subparagraph (B)—
(i) total compensation paid to an individual under subsection (a) shall not exceed $50,000 for any year; and
(ii) the lifetime total of such compensation for the individual may not exceed an amount equal to the amount authorized to be paid under section 239e of this title.
(B) Permanent and total disability
(4) Waiting period
(A) In general
(B) Exception
(5) Termination of benefits
(d) Benefit in addition to medical benefits
(July 1, 1944, ch. 373, title II, § 265, as added Pub. L. 108–20, § 2, Apr. 30, 2003, 117 Stat. 642.)

CITE AS: 42 USC 239d

§ 239e. Payment for death
(a) Death benefit
(1) In general
(2) Benefit amount
(A) In general
(B) Reduction for payments for lost employment income
(3) Limitations
(A) In general
No benefit is payable under paragraph (1) with respect to the death of an eligible individual if—
(i) a disability benefit is paid with respect to such individual under the Public Safety Officers’ Benefits Program under subpart 1 of part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.); 1 or
(ii) a death benefit is paid or payable with respect to such individual under the Public Safety Officers’ Benefits Program under subpart 1 of part L of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.).1
(B) Exception in the case of a limitation on appropriations for disability benefits under PSOB
(b) Election in case of dependents
(1) In general
(2) Amount of payments
(3) Limitations
(A) Age of dependents
(B) Benefits secondary to other coverage
(i) In general
(ii) Relation to other obligations
(c) Benefit in addition to medical benefits
(July 1, 1944, ch. 373, title II, § 266, as added Pub. L. 108–20, § 2, Apr. 30, 2003, 117 Stat. 643.)

CITE AS: 42 USC 239e

§ 239f. Administration
(a) Administration by agreement with other agency or agencies
(b) Regulations
(July 1, 1944, ch. 373, title II, § 267, as added Pub. L. 108–20, § 2, Apr. 30, 2003, 117 Stat. 645.)

CITE AS: 42 USC 239f

§ 239g. Authorization of appropriations

For the purpose of carrying out this part, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2003 through 2007, to remain available until expended, including administrative costs and costs of provision and payment of benefits. The Secretary’s payment of any benefit under section 239c, 239d, or 239e of this title shall be subject to the availability of appropriations under this section.

(July 1, 1944, ch. 373, title II, § 268, as added Pub. L. 108–20, § 2, Apr. 30, 2003, 117 Stat. 645.)

CITE AS: 42 USC 239g

§ 239h. Relationship to other laws

Except as explicitly provided herein, nothing in this part shall be construed to override or limit any rights an individual may have to seek compensation, benefits, or redress under any other provision of Federal or State law.

(July 1, 1944, ch. 373, title II, § 269, as added Pub. L. 108–20, § 2, Apr. 30, 2003, 117 Stat. 645.)

CITE AS: 42 USC 239h