‘‘(iv) an evaluation was made of 
whether the administration of the counter-
measure was effective; 
‘‘(C) a qualified person who administered 
the countermeasure; 
‘‘(D) a State, a political subdivision of a 
State, or an agency or official of a State or of 
such a political subdivision, if such State, sub-
division, agency, or official has established re-
quirements, provided policy guidance, supplied 
technical or scientific advice or assistance, or 
otherwise supervised or administered a program 
with respect to administration of such counter-
measures; 
‘‘(E) an official, agent, or employee of a 
person described in subparagraph (A), (B), (C), 
or (D); 
‘‘(F) a contractor of, or a volunteer work-
ing for, a person described in subparagraph 
(A), (B), or (D), if the contractor or volunteer 
performs a function for which a person de-
scribed in such subparagraph is a covered per-
son; or 
‘‘(G) an individual who has privileges or is 
otherwise authorized to provide health care
under the auspices of an entity described in 
subparagraph (B). 
‘‘(3) QUALIFIED PERSON.—For purposes of this 
part, the term ‘qualified person’, when used with re-
spect to the administration of a covered counter-
measure, means a licensed health professional or 
other individual who— 
‘‘(A) is authorized to administer such 
countermeasure under the law of the State in 
which the countermeasure was administered; or 
‘‘(B) is otherwise authorized by the Sec-
retary to administer such countermeasure. 
‘‘(4) ARISING OUT OF ADMINISTRATION OF A 
COVERED COUNTERMEASURE.—For purposes of this 
part, the term ‘arising out of administration of a 
covered countermeasure’, when used with respect to 
a claim or liability, includes a claim or liability aris-
ing out of— 
‘‘(A) determining whether, or under what 
conditions, an individual should receive a cov-
ered countermeasure; 
‘‘(B) obtaining informed consent of an in-
dividual to the administration of a covered 
countermeasure; or
‘‘(C) monitoring, management, or care of 
an immediate site of administration on the body 
of a covered countermeasure, or evaluation of 
whether the administration of the counter-
measure has been effective. 
‘‘(b) LIABILITY OF FEDERAL GOVERNMENT ONLY 
FOR ADMINISTRATIONS WITHIN SCOPE
OF DECLARA-
TION.—Except as provided in subsection (g)(2)(B), the 
United States shall be liable under this section with re-
spect to a claim arising out of the administration of a cov-
ered countermeasure to an individual only if— 
‘‘(1) the countermeasure was administered to 
the individual by a qualified person for the purpose 
of preventing influenza (or a type of influenza); 
‘‘(2) such administration by the qualified per-
son was during the effective period of such declara-
tion; and 
‘‘(3)(A) the individual was at the time of such 
administration a covered individual under the appli-
cable declaration under section 2141(a); or 
‘‘(B) the qualified person had reasonable 
grounds to believe that the individual was within a 
category of individuals identified in the declaration. 
‘‘(c) VARIATIONS FROM TITLE 28 REMEDY.—
‘‘(1) INAPPLICABILITY
OF
CERTAIN
EXCEP-
TIONS FROM LIABILITY.—Notwithstanding the provi-
sions of law referred to in section 224(a) that pro-
vide a remedy pursuant to such section (relating to 
title 28, United States Code), the following excep-
tions from liability under such provisions do not 
apply for purposes of a civil action pursuant to sub-
section (a): 
‘‘(A) The exception established in section 
2680(a) of title 28, United States Code (known 
as the discretionary function exception). 
‘‘(B) The exception established in section 
2680(h) of such title (relating to intentional 
torts). 
‘‘(C) The exception for strict liability in 
tort pursuant to section 1346(b) of such title. 
‘‘(D) The exception established in section 
2680(k) of such title (relating to claims arising 
in a foreign country), except that such section 
is inapplicable only in the case of a covered in-
dividual who is a United States citizen, a mem-
ber of the Armed Forces, or the spouse or child 
of a member of such Forces. 
‘‘(E) The exception established in Feres v. 
United States, 340 U.S. 135 (1950) (relating
to injuries to military personnel sustained inci-
dent to service, and known as the Feres doc-
trine). 
‘‘(2) BREACH OF WARRANTY.—Notwithstanding 
the provisions of law referred to in section 224(a) 
that provide a remedy pursuant to such section, the 
liability of the United States shall, for purposes of 
a civil action pursuant to subsection (a), include li-
ability based on a claim of breach of warranty. 
‘‘(3) UNAVAILABILITY OF GOVERNMENT CON-
TRACTOR DEFENSE.—In a civil action pursuant to 
subsection (a), the United States may not assert the 
defense established in Boyle v. United Technologies 
Corp, 487 U.S. 500 (1988) (relating to compliance 
with Federal contracts, and known as the govern-
ment contractor defense). 
‘‘(4) GOVERNING
LAW.—Notwithstanding the 
provisions of law referred to in section 224(a) that 
provide a remedy pursuant to such section, for pur-
poses of a civil action pursuant to subsection (a): 
‘‘(A) References in section 1346(b) and 
chapter 171 of title 28, United States Code, to 
the place where the act or omission complained 
of occurred are deemed to be references to the
place where the injury occurred, subject to sub-
paragraph (B). 
‘‘(B) For purposes of subparagraph (A) as 
applied for purposes of paragraph (1)(D), the 
place of injury is deemed to be the domicile in 
the United States of the covered individual in-
volved, or if such individual does not have a 
domicile in the United States, the place in the 
United States that was the most recent domicile 
in the United States of the individual. 
‘‘(5) VENUE.—For purposes of a civil action 
pursuant to subsection (a), the reference in section 
1402(b) of title 28, United States Code, to the place 
wherein the act or omission complained of occurred 
is deemed to be a reference to the place wherein the 
injury occurred. 
‘‘(d) RELATION TO PART B PROGRAM.— 
‘‘(1) IN GENERAL.—A person may not, pursu-
ant to subsection (a), bring a claim under section 
224(a) unless such person has exhausted such rem-
edies as are available under part B, except that if 
the Secretary fails to make a final determination on 
a request for compensation filed in accordance with 
the requirements of such part within 240 days after