42 U.S.C. § 239a — Determination of eligibility and benefits

(a) In general: The Secretary must create procedures to determine whether someone is an eligible individual, whether an eligible individual has a covered injury that qualifies for medical benefits or compensation under sections 239c and 239d of this title, and how much, and whether an eligible individual's covered injury caused their death, for benefits under section 239e of this title. (b) Covered individuals: The Secretary can accept a certification from a federal, state, or local government body, or a private health care entity involved in giving out the covered countermeasures under the Declaration, that someone is a covered individual. (c) Criteria for reimbursement: If an injury or effect listed in the injury table established under section 239b of this title, as a known vaccine effect, shows up within the table's specified time window, that injury is presumed to have resulted from the vaccine. For other decisions about causation or severity, the Secretary must use a preponderance-of-the-evidence standard, consider all relevant medical and scientific evidence presented, and may obtain and consider the views of qualified medical experts. (d) Deadline for filing request: The Secretary will not consider a benefits request unless, for a request based on getting the vaccine, the person files an initial request within one year of the vaccination date, or, for a request based on accidental vaccinia inoculation, the person files within two years of the first symptom or manifestation of the adverse effect. (e) Structured settlements at Secretary's option: If compensation is reasonably likely to be needed for more than one year, the Secretary has discretion to make a lump-sum payment, buy an annuity or medical insurance policy, or set up a structured settlement agreement, as long as its value is actuarially equal to the present value of the total benefits or compensation the individual is expected to receive. (f) Review of determination: The Secretary may review a determination at any time, on the Secretary's own motion or on request, and may affirm, cancel, or change it in any way the Secretary thinks appropriate. The Secretary must create a process for people to request reconsideration. No federal or state court has subject-matter jurisdiction to review any Secretary action under this section, whether by mandamus or otherwise, and no federal officer or employee may review it either, unless the President specifically directs otherwise.