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42 U.S.C. § 239c — Smallpox vaccine injury table
Federal law — U.S. Code and appendices · legal_authorities
**(a) 11 So in original. No subsec. (b) has been enacted. Smallpox vaccine injury table**
(1) **Establishment required** — The Secretary shall establish by interim final regulation a table identifying adverse effects (including injuries, disabilities, illnesses, conditions, and deaths) that shall be presumed to result from the administration of (or exposure to) a smallpox vaccine, 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.
(2) **Amendments** — The Secretary may by regulation amend the table established under paragraph (1). An amendment to the table takes effect on the date of the promulgation of the final rule that makes the amendment, and applies to all requests for benefits or compensation under this part that are filed on or after such date or are pending as of such date. In addition, the amendment applies retroactively to an individual who was not with respect to the injury involved an eligible individual under the table as in effect before the amendment but who with respect to such injury is an eligible individual under the table as amended. With respect to a request for benefits or compensation under this part by an individual who becomes an eligible individual as described in the preceding sentence, the Secretary may not provide such benefits or compensation unless the request (or amendment to a request, as applicable) is filed before the expiration of one year after the effective date of the amendment to the table in the case of an individual to whom the vaccine was administered and before the expiration of two years after such effective date in the case of a request based on accidental vaccinia inoculation.
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Stable record: federal_law:legal_authorities:record_usc_26fe55bb0037c21c24b3c925
Source file: Laws/federal/codes/united-states-code/title-42/section-239c-smallpox-vaccine-injury-table--69c1049e44.md
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Source location: Title 42, Chapter 6A, § 239c; chapter-6a-public-health-service.md
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**(a) 11 So in original. No subsec. (b) has been enacted. Smallpox vaccine injury table**
(1) **Establishment required** — The Secretary shall establish by interim final regulation a table identifying adverse effects (including injuries, disabilities, illnesses, conditions, and deaths) that shall be presumed to result from the administration of (or exposure to) a smallpox vaccine, 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.
(2) **Amendments** — The Secretary may by regulation amend the table established under paragraph (1). An amendment to the table takes effect on the date of the promulgation of the final rule that makes the amendment, and applies to all requests for benefits or compensation under this part that are filed on or after such date or are pending as of such date. In addition, the amendment applies retroactively to an individual who was not with respect to the injury involved an eligible individual under the table as in effect before the amendment but who with respect to such injury is an eligible individual under the table as amended. With respect to a request for benefits or compensation under this part by an individual who becomes an eligible individual as described in the preceding sentence, the Secretary may not provide such benefits or compensation unless the request (or amendment to a request, as applicable) is filed before the expiration of one year after the effective date of the amendment to the table in the case of an individual to whom the vaccine was administered and before the expiration of two years after such effective date in the case of a request based on accidental vaccinia inoculation.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Subject to the succeeding provisions of this section, the Secretary shall provide compensation to an eligible individual for loss of employment income (based on such income at the time of injury) incurred as a result of a covered injury, at the rate specified in subsection (b).
**(b) Amount of compensation**
(1) **In general** — Compensation under subsection (a) shall be at the rate of 66⅔ percent of the relevant pay period (weekly, monthly, or otherwise), except as provided in paragraph (2).
(2) **Augmented compensation for dependents** — If an eligible individual has one or more dependents, the basic compensation for loss of employment income as described in paragraph (1) shall be augmented at the rate of 8⅓ percent.
(3) **Consideration of other programs**
(A) *In general* — The Secretary may consider the provisions of sections 8114, 8115, and 8146a of title 5, and any implementing regulations, in determining the amount of payment under subsection (a) and the circumstances under which such payments are reasonable and necessary.
(B) *Minors* — With respect to an eligible individual who is a minor, the Secretary may consider the provisions of [section 8113 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8113&num=0&edition=prelim), and any implementing regulations, in determining the amount of payment under subsection (a) and the circumstances under which such payments are reasonable and necessary.
(4) **Treatment of self-employment income** — For purposes of this section, the term “employment income” includes income from self-employment.
**(c) Limitations**
(1) **Benefits secondary to other coverage**
(A) *In general* — Any compensation under subsection (a) shall be secondary to the obligation of
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 239e
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Death benefit**
(1) **In general** — The Secretary shall pay, in the case of an eligible individual whose death is determined to have resulted from a covered injury or injuries, a death benefit in the amount determined under paragraph (2) to the survivor or survivors in the same manner as death benefits are paid pursuant to 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3796&num=0&edition=prelim) et seq.) 11 See References in Text note below. with respect to an eligible deceased (except that in the case of an eligible individual who is a minor with no living parent, the legal guardian shall be considered the survivor in the place of the parent).
(2) **Benefit amount**
(A) *In general* — The amount of the death benefit under paragraph (1) in a fiscal year shall equal the amount of the comparable benefit calculated 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3796&num=0&edition=prelim) et seq.) 1 in such fiscal year, without regard to any reduction attributable to a limitation on appropriations, but subject to subparagraph (B).
(B) *Reduction for payments for lost employment income* — The amount of the benefit as determined under subparagraph (A) shall be reduced by the total amount of any benefits paid under [section 239d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section239d&num=0&edition=prelim) with respect to lost employment income.
(3)
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 239f
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Federal law — U.S. Code and appendices · legal_authorities
Page 128
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 239b
1 So in original. No subsec. (b) has been enacted.
such compensation or payment, the Secretary
shall have the discretion to make a lump-sum
payment, purchase an annuity or medical insur-
ance policy, or execute an appropriate struc-
tured settlement agreement, provided that such
payment, annuity, policy, or agreement is actu-
arially determined to have a value equal to the
present value of the projected total amount of
benefits or compensation that the individual is
eligible to receive under such section or sec-
tions.
(f) Review of determination
(1) Secretary’s review authority
The Secretary may review a determination
under this section at any time on the Sec-
retary’s own motion or on application, and
may affirm, vacate, or modify such determina-
tion in any manner the Secretary deems ap-
propriate. The Secretary shall develop a proc-
ess by which an individual may file a request
for reconsideration of any determination made
by the Secretary under this section.
(2) Judicial and administrative review
No court of the United States, or of any
State, District, territory or possession thereof,
shall have subject matter jurisdiction to re-
view, whether by mandamus or otherwise, any
action by the Secretary under this section. No
officer or employee of the United States shall
review any action by the Secretary under this
section (unless the President specifically di-
rects otherwise).
(July 1, 1944, ch. 373, title II, § 262, as added Pub.
L. 108–20, § 2, Apr. 30, 2003, 117 Stat. 640.)
§ 239b. Smallpox vaccine injury table
(a) 1 Smallpox vaccine injury table
(1) Establishment required
The Secretary shall establish by interim
final regulation a table identifying adverse ef-
fects (including in
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 239c
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