Title 42, The Public Health and WelfareRelease 119-110

§239 General Provisions

Title 42 › CHAPTER 6A — PUBLIC HEALTH SERVICE › SUBCHAPTER I — ADMINISTRATION AND MISCELLANEOUS PROVISIONS › Part C — Smallpox Emergency Personnel Protection › § 239

Last updated Sep 23, 2026|Official source

Summary

Defines who can get a smallpox vaccine under an approved emergency plan and who can get help if they are hurt by it. Key terms: a covered countermeasure is whatever the Secretary’s Declaration lists; a covered individual is a health worker, police, firefighter, security or emergency medical worker, other public safety or support staff, someone in a role listed in an approved state, local, or HHS smallpox plan, or a volunteer chosen before the Secretary publicly announces any active smallpox case — and who gets the vaccine under that approved plan during the Declaration’s effective period (including the part before April 30, 2003). A covered injury is a serious injury, illness, disability, condition, or death (not minor scarring or a small local reaction) found to be caused by the vaccine during the Declaration period, or accidental vaccinia caught from contact with a vaccinated person if it happens during the period or within 30 days after it ends, and the injured person did not receive the vaccine themselves. An eligible individual is someone who meets those rules. The Declaration referred to is the one issued January 24, 2003 and published January 28, 2003. The Secretary must approve vaccination plans and make sure participation is voluntary. Approved plans must teach potential participants who should not get the vaccine, explain that joining is voluntary, and tell them about possible benefits or compensation; offer voluntary health screening to find medical reasons not to be vaccinated; and provide medical follow-up after vaccination that checks for bad effects and quickly refers or gives help to anyone who needs care.

Full Legal Text

Title 42, §239

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Definitions

For purposes of this part:

(1)Covered countermeasure

The term “covered countermeasure” means a covered countermeasure as specified in a Declaration made pursuant to section 233(p) of this title.

(2)Covered individual

The term “covered individual” means an individual—

(A)who is a health care worker, law enforcement officer, firefighter, security personnel, emergency medical personnel, other public safety personnel, or support personnel for such occupational specialities ;

(B)who is or will be functioning in a role identified in a State, local, or Department of Health and Human Services smallpox emergency response plan (as defined in paragraph (7)) approved by the Secretary;

(C)who has volunteered and been selected to be a member of a smallpox emergency response plan described in subparagraph (B) prior to the time at which the Secretary publicly announces that an active case of smallpox has been identified either within or outside of the United States; and

(D)to whom a smallpox vaccine is administered pursuant to such approved plan during the effective period of the Declaration (including the portion of such period before April 30, 2003).

(3)Covered injury

The term “covered injury” means an injury, disability, illness, condition, or death (other than a minor injury such as minor scarring or minor local reaction) determined, pursuant to the procedures established under section 239a of this title, to have been sustained by an individual as the direct result of— (A)

(B)accidental vaccinia inoculation of the individual in circumstances in which—

(i)the vaccinia is contracted during the effective period of the Declaration or within 30 days after the end of such period;

(ii)smallpox vaccine has not been administered to the individual; and

(iii)the individual has been in contact with an individual who is (or who was accidentally inoculated by) a covered individual.

(4)Declaration

The term “Declaration” means the Declaration Regarding Administration of Smallpox Countermeasures issued by the Secretary on January 24, 2003, and published in the Federal Register on January 28, 2003.

(5)Effective period of the Declaration

The term “effective period of the Declaration” means the effective period specified in the Declaration, unless extended by the Secretary.

(6)Eligible individual

The term “eligible individual” means an individual who is (as determined in accordance with section 239a of this title)—

(A)a covered individual who sustains a covered injury in the manner described in paragraph (3)(A); or

(B)an individual who sustains a covered injury in the manner described in paragraph (3)(B).

(7)Smallpox emergency response plan

The term “smallpox emergency response plan” or “plan” means a response plan detailing actions to be taken in preparation for a possible smallpox-related emergency during the period prior to the identification of an active case of smallpox either within or outside the United States.

(b)Voluntary program

The Secretary shall ensure that a State, local, or Department of Health and Human Services plan to vaccinate individuals that is approved by the Secretary establishes procedures to ensure, consistent with the Declaration and any applicable guidelines of the Centers for Disease Control and Prevention, that—

(1)potential participants are educated with respect to contraindications, the voluntary nature of the program, and the availability of potential benefits and compensation under this part;

(2)there is voluntary screening provided to potential participants that can identify health conditions relevant to contraindications; and

(3)there is appropriate post-inoculation medical surveillance that includes an evaluation of adverse health effects that may reasonably appear to be due to such vaccine and prompt referral of, or the provision of appropriate information to, any individual requiring health care as a result of such adverse health event.

Reference

Citations & Metadata

Citation

42 U.S.C. § 239

Title 42, The Public Health and Welfare

Last Updated

Sep 23, 2026

Release point: 119-110