effects of inflation occurring after the beginning of 
such fiscal year. 
‘‘(c) COMPENSATION SECONDARY TO OTHER COV-
ERAGE.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), compensation under subsection (a) shall 
be secondary to any obligation of the United States, 
or any third party (including any State or local gov-
ernmental entity, private insurance carrier, or em-
ployer), under any other provision of law or contrac-
tual agreement to pay for or provide such compensa-
tion. 
‘‘(2) CERTAIN PROGRAMS.—Paragraph (1) does 
not apply with respect to the program under title 
XIX of the Social Security Act or the program 
under part C of this subtitle. 
‘‘(3) PAYMENTS
PURSUANT
TO
SUBROGA-
TION.—With respect to an obligation to which com-
pensation under subsection (a) is secondary for pur-
poses of paragraph (1), the Secretary may, notwith-
standing such obligation, make a payment under 
subsection (a) in the amount of the obligation if 
such payment is requested by or on behalf of the 
covered individual involved. If the Secretary makes 
such a payment—
‘‘(A) the rights of such individual under 
the obligation are subrogated to the Federal 
Government; 
‘‘(B) the Secretary, pursuant to such sub-
rogation, shall collect the amount due the cov-
ered individual under the obligation; and 
‘‘(C) the Secretary shall deposit the 
amount collected under subparagraph (B) in 
the fund under section 2153. 
‘‘SEC. 2152. VARIATIONS FROM SUBTITLE 2 PROGRAM. 
‘‘(a) 
IN
GENERAL.—For 
purposes 
of 
section 
2151(b)(1), the applicability with respect to a covered 
countermeasure of the provisions of the program under 
subtitle 2 is subject to this section. 
‘‘(b) SOURCE
OF FUNDS
FOR COMPENSATION.— 
Amounts for providing compensation under section 
2151(a) are available under section 2153, not from a tax 
imposed on the sale of such countermeasure under the In-
ternal Revenue Code of 1986. 
‘‘(c) INJURY TABLE.—With respect to section 2114 
as applied for purposes of section 2151(a), the Secretary 
shall include in the injury table provisions regarding a cov-
ered countermeasure as soon as is practicable after the 
Secretary issues the applicable declaration under section 
2141(a).
‘‘(d) COMPENSATION IN EVENT OF DEATH.—With 
respect to section 2115(a)(2) as applied for purposes of 
section 2151(a), an award for the estate of the deceased 
shall be— 
‘‘(1) if the deceased was under the age of 18, 
$250,000, as increased to the extent necessary to 
offset the effect of inflation occurring after the be-
ginning of fiscal year 2006; or 
‘‘(2) if the deceased was 18 years of age or 
older, the greater of— 
‘‘(A) $250,000, as so increased; or 
‘‘(B) the projected loss of employment in-
come, except that the amount under this item 
may not exceed an amount equal to 400 percent 
of the amount that applies under subparagraph 
(A). 
‘‘(e) ELECTION REGARDING CIVIL ACTION.—With 
respect to the election under sections 2111(a)(2) and 2121 
to file a civil action, such an election does not apply for 
purposes of section 2151(a). The authority to bring a civil 
action with respect to liability arising out of the adminis-
tration of a covered countermeasure, and the relationship 
between such an action and compensation under section 
2151(a), is regulated by part C.