Page:United States Statutes at Large Volume 116 Part 3.djvu/574

 116 STAT. 2166 PUBLIC LAW 107-296—NOV. 25, 2002 closing date is after the date when the declaration is amended. Federal Register, "(iv) PUBLICATION.— The Secretary shall promptly publication. publish each such declaration and amendment in the Federal Register. " (B) LIABILITY OF UNITED STATES ONLY FOR ADMINISTRA- TIONS WITHIN SCOPE OF DECLARATION. — Except as provided in paragraph (5)(B)(ii), the United States shall be liable under this subsection with respect to a claim arising out of the administration of a covered countermeasure to an individual only if— "(i) the countermeasure was administered by a qualified person, for a purpose stated in paragraph (7)(A)(i), and during the effective period of a declaration by the Secretary under subparagraph (A) with respect to such countermeasure; and "(ii)(I) the individual was within a category of individuals covered by the declaration; or "(II) the qualified person administering the countermeasure had reasonable grounds to believe that such individual was within such category. "(C) PRESUMPTION OF ADMINISTRATION WITHIN SCOPE OF DECLARATION IN CASE OF ACCIDENTAL VACCINIA INOCULA- TION.— "(i) IN GENERAL. — I f vaccinia vaccine is a covered countermeasure specified in a declaration under subparagraph (A), and an individual to whom the vaccinia vaccine is not administered contracts vaccinia, then, under the circumstances specified in clause (ii), the individual— "(I) shall be rebuttably presumed to have contracted vaccinia from an individual to whom such vaccine was administered as provided by clauses (i) and (ii) of subparagraph (B); and "(II) shall (unless such presumption is rebutted) be deemed for purposes of this subsection to be an individual to whom a covered countermeasure was administered by a qualified person in accordance with the terms of such declaration and as described by subparagraph (B). "(ii) CIRCUMSTANCES IN WHICH PRESUMPTION APPLIES.— The presumption and deeming stated in clause (i) shall apply if— "(I) the individual contracts vaccinia during the effective period of a declaration under subparagraph (A) or by the date 30 days after the close of such period; or "(II) the individual resides or has resided with an individual to whom such vaccine was administered as provided by clauses (i) and (ii) of subparagraph (B) and contracts vaccinia after such date. "(3) EXCLUSIVITY OF REMEDY.— The remedy provided by subsection (a) shall be exclusive of any other civil action or proceeding for any claim or suit this subsection encompasses. "(4) CERTIFICATION OF ACTION BY ATTORNEY GENERAL.— Subsection (c) applies to actions under this subsection, subject to the following provisions:

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