42 USC 247 - Covered countermeasure process

View all text of Part B [§ 243 - § 247d-12]

§ 247d–6e. Covered countermeasure process

(a) Establishment of Fund

(b) Payment of compensation

(1) In general

(2) Elements of compensation

(3) Rule of construction

(4) Determination of eligibility and compensation

(5) Covered countermeasure injury table

(A) In general

(B) Amendments

(6) Meanings of terms

(A) the terms “vaccine” and “smallpox vaccine” shall be deemed to mean a covered countermeasure;

(B) the terms “smallpox vaccine injury table” and “table established under section 239b of this title” shall be deemed to refer to the table established under paragraph (4); and

(d) Exhaustion; exclusivity; election

(1) Exhaustion

(2) Tolling of statute of limitations

(3) Rule of construction

(4) Exclusivity

(5) Election

(e) Definitions

For purposes of this section, the following terms shall have the following meanings:

(1) Covered countermeasure

(2) Covered individual

The term “covered individual”, with respect to administration or use of a covered countermeasure pursuant to a declaration, means an individual—

(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

(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).

(3) Covered injury

(4) Declaration

(5) Eligible individual

(July 1, 1944, ch. 373, title III, § 319F–4, as added Pub. L. 109–148, div. C, § 3, Dec. 30, 2005, 119 Stat. 2829.)