Page:United States Statutes at Large Volume 116 Part 3.djvu/575

 PUBLIC LAW 107-296—NOV. 25, 2002 116 STAT. 2167 "(A) NATURE OF CERTIFICATION.—The certification by the Attorney General that is the basis for deeming an action or proceeding to be against the United States, and for removing an action or proceeding from a State court, is a certification that the action or proceeding is against a covered person and is based upon a claim alleging personal injury or death arising out of the administration of a covered countermeasure. "(B) CERTIFICATION OF ATTORNEY GENERAL CONCLU- SIVE. —The certification of the Attorney General of the facts specified in subparagraph (A) shall conclusively establish such facts for purposes of jurisdiction pursuant to this subsection. "(5) DEFENDANT TO COOPERATE WITH UNITED STATES. — "(A) IN GENERAL.—^A covered person shall cooperate with the United States in the processing and defense of a claim or action under this subsection based upon alleged acts or omissions of such person. "(B) CONSEQUENCES OF FAILURE TO COOPERATE.— Upon the motion of the United States or any other party and upon finding that such person has failed to so cooperate— "(i) the court shall substitute such person as the party defendant in place of the United States and, upon motion, shall remand any such suit to the court in which it was instituted if it appears that the court lacks subject matter jurisdiction; "(ii) the United States shall not be liable based on the acts or omissions of such person; and "(iii) the Attorney General shall not be obligated to defend such action. "(6) RECOURSE AGAINST COVERED PERSON IN CASE OF GROSS MISCONDUCT OR CONTRACT VIOLATION. — "(A) IN GENERAL.— Should payment be made by the United States to any claimant bringing a claim under this subsection, either by way of administrative determination, settlement, or court judgment, the United States shall have, notwithstanding any provision of State law, the right to recover for that portion of the damages so awarded or paid, as well as interest and any costs of litigation, resulting from the failure of any covered person to carry out any obligation or responsibility assumed by such person under a contract with the United States or from any grossly negligent, reckless, or illegal conduct or willful misconduct on the part of such person. "(B) VENUE. —The United States may maintain an action under this paragraph against such person in the district court of the United States in which such person resides or has its principal place of business. "(7) DEFINITIONS. —As used in this subsection, terms have the following meanings: "(A) COVERED COUNTERMEASURE.—The term 'covered countermeasure' or 'covered countermeasure against smallpox', means a substance that is— "(i)(I) used to prevent or treat smallpox (including the vaccinia or another vaccine); or "(II) vaccinia immune globulin used to control or treat the adverse effects of vaccinia inoculation; and

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