--- kind: "section" citation: "42 U.S.C. § 239a" title: "42" title_heading: "The Public Health and Welfare" number: "239a" heading: "Determination of eligibility and benefits" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/42/239a" units: - "Chapter 6A — Public Health Service" - "Subchapter I — Administration and Miscellaneous Provisions" - "Part C — Smallpox Emergency Personnel Protection" --- # §239a. Determination of eligibility and benefits - (a) **In general—** The [Secretary](/usc/42/201.md?p=c) 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](/usc/42/239c.md) and [239d](/usc/42/239d.md) 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](/usc/42/239e.md). - (b) **Covered individuals—** The [Secretary](/usc/42/201.md?p=c) may accept a certification, by a Federal, [State](/usc/42/201.md?p=f), or local government entity or private health care entity participating in the administration of covered countermeasures under the Declaration, that an individual is a covered individual. - (c) **Criteria for reimbursement—** - (1) **Injuries specified in injury table—** In any case where an injury or other adverse effect specified in the injury table established under [section 239b of this title](/usc/42/239b.md) as a known effect of a vaccine manifests in an individual within the time period specified in such table, such injury or other effect shall be presumed to have resulted from administration of such vaccine. - (2) **Other determinations—** In making determinations other than those described in [paragraph (1)](#c-1) as to the causation or severity of an injury, the [Secretary](/usc/42/201.md?p=c) shall employ a preponderance of the evidence standard and take into consideration all relevant medical and scientific evidence presented for consideration, and may obtain and consider the views of qualified medical experts. - (d) **Deadline for filing request—** The [Secretary](/usc/42/201.md?p=c) 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](/usc/42/201.md?p=c) 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](/usc/42/201.md?p=c) 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—** In any case in which there is a reasonable likelihood that compensation or payment under section [239c](/usc/42/239c.md), [239d](/usc/42/239d.md), or [239e(b)](/usc/42/239e.md?p=b) of this title will be required for a period in excess of one year from the date an individual is determined eligible for such compensation or payment, the [Secretary](/usc/42/201.md?p=c) shall have the discretion to make a lump-sum payment, purchase an annuity or medical insurance policy, or execute an appropriate structured settlement agreement, provided that such payment, annuity, policy, or agreement is actuarially 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 sections. - (f) **Review of determination—** - (1) **Secretary’s review authority—** The [Secretary](/usc/42/201.md?p=c) may review a determination under this section at any time on the [Secretary](/usc/42/201.md?p=c)’s own motion or on application, and may affirm, vacate, or modify such determination in any manner the [Secretary](/usc/42/201.md?p=c) deems appropriate. The [Secretary](/usc/42/201.md?p=c) shall develop a process by which an individual may file a request for reconsideration of any determination made by the [Secretary](/usc/42/201.md?p=c) under this section. - (2) **Judicial and administrative review—** No court of the United States, or of any [State](/usc/42/201.md?p=f), District, territory or [possession](/usc/42/201.md?p=g) thereof, shall have subject matter jurisdiction to review, whether by mandamus or otherwise, any action by the [Secretary](/usc/42/201.md?p=c) under this section. No officer or [employee](/usc/42/300gg–91.md?p=d-5) of the United States shall review any action by the [Secretary](/usc/42/201.md?p=c) under this section (unless the President specifically directs otherwise). ## Source credit (July 1, 1944, ch. 373, title II, § 262, as added Pub. L. 108–20, § 2, Apr. 30, 2003, 117 Stat. 640.)