Page:United States Statutes at Large Volume 119.djvu/2836

 119 STAT. 2818

PUBLIC LAW 109–148—DEC. 30, 2005

107–38) shall be transferred to or from the Emergency Response Fund. This division may be cited as the ‘‘Emergency Supplemental Appropriations Act to Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, 2006’’. Public Readiness and Emergency Preparedness Act. 42 USC 201 note.

DIVISION C—PUBLIC READINESS AND EMERGENCY PREPAREDNESS ACT SEC. 1. SHORT TITLE.

This division may be cited as the ‘‘Public Readiness and Emergency Preparedness Act’’. SEC. 2. TARGETED LIABILITY PROTECTIONS FOR PANDEMIC AND EPIDEMIC PRODUCTS AND SECURITY COUNTERMEASURES.

Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 319F–2 the following section: 42 USC 247d–6d.

‘‘SEC. 319F–3. TARGETED LIABILITY PROTECTIONS FOR PANDEMIC AND EPIDEMIC PRODUCTS AND SECURITY COUNTERMEASURES.

‘‘(a) LIABILITY PROTECTIONS.— ‘‘(1) IN GENERAL.—Subject to the other provisions of this section, a covered person shall be immune from suit and liability under Federal and State law with respect to all claims for loss caused by, arising out of, relating to, or resulting from the administration to or the use by an individual of a covered countermeasure if a declaration under subsection (b) has been issued with respect to such countermeasure. ‘‘(2) SCOPE OF CLAIMS FOR LOSS.— ‘‘(A) LOSS.—For purposes of this section, the term ‘loss’ means any type of loss, including— ‘‘(i) death; ‘‘(ii) physical, mental, or emotional injury, illness, disability, or condition; ‘‘(iii) fear of physical, mental, or emotional injury, illness, disability, or condition, including any need for medical monitoring; and ‘‘(iv) loss of or damage to property, including business interruption loss. Each of clauses (i) through (iv) applies without regard to the date of the occurrence, presentation, or discovery of the loss described in the clause. ‘‘(B) SCOPE.—The immunity under paragraph (1) applies to any claim for loss that has a causal relationship with the administration to or use by an individual of a covered countermeasure, including a causal relationship with the design, development, clinical testing or investigation, manufacture, labeling, distribution, formulation, packaging, marketing, promotion, sale, purchase, donation, dispensing, prescribing, administration, licensing, or use of such countermeasure. ‘‘(3) CERTAIN CONDITIONS.—Subject to the other provisions of this section, immunity under paragraph (1) with respect to a covered countermeasure applies only if—

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