I 

108TH CONGRESS 

1ST SESSION H. R. 1413

To provide benefits for certain individuals with injuries resulting from 

administration of a smallpox vaccine, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 25, 2003

Mr. BURR (for himself, Mr. TAUZIN, Mr. BILIRAKIS, Mr. UPTON, Mr. NORWOOD, Mr. WHITFIELD, and Mr. PICKERING) introduced the following 

bill; which was referred to the Committee on Energy and Commerce, and 

in addition to the Committees on Education and the Workforce and the 

Judiciary, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL

To provide benefits for certain individuals with injuries resulting from administration of a smallpox vaccine, and 

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Smallpox Emergency 

5 Personnel Protection Act of 2003’’. 
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1 SEC. 2. SMALLPOX EMERGENCY PERSONNEL PROTECTION. 

2 Title II of the Public Health Service Act (42 U.S.C. 

3 202 et seq.) is amended by adding at the end the following 

4 part: 

5 ‘‘PART C—SMALLPOX EMERGENCY PERSONNEL

6 PROTECTION

7 ‘‘SEC. 261. DEFINITIONS. 

8 ‘‘For purposes of this part: 

9 ‘‘(1) VACCINE.—The term ‘vaccine’ or ‘smallpox 

10 vaccine’ means vaccinia (smallpox) vaccines, includ11 ing the Dryvax vaccine. 

12 ‘‘(2) COVERED INDIVIDUAL.—The term ‘cov13 ered individual’ means an individual—

14 ‘‘(A) who is a health care worker, law en15 forcement officer, firefighter, security per16 sonnel, emergency medical personnel, other 

17 public safety personnel, or support personnel 

18 for such occupational specialities; 

19 ‘‘(B) who is or will be functioning in a role 

20 identified in a State, local, or Department of 

21 Health and Human Services smallpox emer22 gency response plan approved by the Secretary; 

23 and 

24 ‘‘(C) to whom a vaccine is administered 

25 pursuant to such approved plan—
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1 ‘‘(i) during the effective period of the 

2 Declaration (including the portion of such 

3 period before the enactment of this part); 

4 and 

5 ‘‘(ii) not later than the latest of—

6 ‘‘(I) 180 days after the effective 

7 date of the initial interim final regula8 tions implementing this part; 

9 ‘‘(II) 120 days after becoming an 

10 individual in an occupation described 

11 in subparagraph (A); or 

12 ‘‘(III) 120 days after becoming 

13 an individual identified as a member 

14 of a smallpox emergency response 

15 plan described in subparagraph (B). 

16 ‘‘(3) COVERED INJURY.—The term ‘covered in17 jury’ means an injury, disability, illness, condition, 

18 or death (other than a minor injury such as minor 

19 scarring or minor local reaction) determined, pursu20 ant to the procedures established under section 262, 

21 to have been sustained by an individual as the direct 

22 result of—

23 ‘‘(A) administration to the individual of a 

24 vaccine during the effective period of the Dec25 laration; or 
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1 ‘‘(B) accidental vaccinia inoculation of the 

2 individual in circumstances in which—

3 ‘‘(i) the vaccinia is contracted during 

4 the effective period of the Declaration or 

5 within 30 days after the end of such pe6 riod; 

7 ‘‘(ii) smallpox vaccine has not been 

8 administered to the individual; and 

9 ‘‘(iii) the individual has resided with, 

10 or has been in contact with, an individual 

11 who is (or who was accidentally inoculated 

12 by) a covered individual. 

13 ‘‘(4) DECLARATION.—The term ‘Declaration’ 

14 means the Declaration Regarding Administration of 

15 Smallpox Countermeasures issued by the Secretary 

16 on January 24, 2003, and published in the Federal 

17 Register on January 28, 2003. 

18 ‘‘(5) EFFECTIVE PERIOD OF THE DECLARA19 TION.—The term ‘effective period of the Declara20 tion’ means the effective period specified in the Dec21 laration, unless extended by the Secretary. 

22 ‘‘(6) ELIGIBLE INDIVIDUAL.—The term ‘eligible 

23 individual’ means an individual who is (as deter24 mined in accordance with section 262)—
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1 ‘‘(A) a covered individual who sustains a 

2 covered injury in the manner described in para3 graph (3)(A); or 

4 ‘‘(B) an individual who sustains a covered 

5 injury in the manner described in paragraph 

6 (3)(B). 

7 ‘‘(7) SMALLPOX EMERGENCY RESPONSE

8 PLAN.—The term ‘smallpox emergency response 

9 plan’ or ‘plan’ means a response plan detailing ac10 tions to be taken in preparation for a possible small11 pox-related emergency during the period prior to the 

12 identification of an active case of smallpox either 

13 within or outside the United States. 

14 ‘‘SEC. 262. DETERMINATION OF ELIGIBILITY AND BENE15 FITS. 

16 ‘‘(a) IN GENERAL.—The Secretary shall establish 

17 procedures for determining, as applicable with respect to 

18 an individual—

19 ‘‘(1) whether the individual is an eligible indi20 vidual; 

21 ‘‘(2) whether an eligible individual has sus22 tained a covered injury or injuries for which medical 

23 benefits or compensation may be available under sec24 tions 264 and 265, and the amount of such benefits 

25 or compensation; 
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1 ‘‘(3) whether the covered injury or injuries of 

2 an eligible individual constitute a compensable dis3 ability, or caused the individual’s death, for purposes 

4 of benefits under section 266. 

5 ‘‘(b) COVERED INDIVIDUALS.—The Secretary may 

6 accept a certification, by a Federal, State, or local govern7 ment entity or private health care entity participating in 

8 the administration of covered countermeasures under the 

9 Declaration, that an individual is a covered individual. 

10 ‘‘(c) CRITERIA FOR REIMBURSEMENT.—

11 ‘‘(1) INJURIES SPECIFIED IN INJURY TABLE.—

12 In any case where an injury or other adverse effect 

13 specified in the injury table established under section 

14 263 as a known effect of a vaccine manifests in an 

15 individual within the time period specified in such 

16 table, such injury or other effect shall be presumed 

17 to have resulted from administration of such vaccine. 

18 ‘‘(2) OTHER DETERMINATIONS.—In making de19 terminations other than those described in para20 graph (1) as to the causation or severity of an in21 jury, the Secretary shall employ a preponderance of 

22 the evidence standard and take into consideration all 

23 relevant medical and scientific evidence presented for 

24 consideration, and may obtain and consider the 

25 views of qualified medical experts. 
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1 ‘‘(d) DEADLINE FOR FILING REQUEST.—The Sec2 retary shall not consider any request for a benefit under 

3 this part with respect to an individual, unless—

4 ‘‘(1) in the case of a request based on the ad5 ministration of the vaccine to the individual, the in6 dividual provides notice to the Secretary of an ad7 verse effect of the vaccination not later than one 

8 year after the date of administration of the vaccine; 

9 or 

10 ‘‘(2) in the case of a request based on acci11 dental vaccinia inoculation, the individual provides 

12 notice to the Secretary of an adverse effect of such 

13 vaccination not later than two years after the date 

14 of the first symptom or manifestation of onset of the 

15 adverse effect. 

16 ‘‘(e) REVIEW OF DETERMINATION.—

17 ‘‘(1) SECRETARY’S REVIEW AUTHORITY.—The 

18 Secretary may review a determination under this 

19 section at any time on the Secretary’s own motion 

20 or on application, and may affirm, vacate, or modify 

21 such determination in any manner the Secretary 

22 deems appropriate. 

23 ‘‘(2) JUDICIAL AND ADMINISTRATIVE RE24 VIEW.—No court of the United States, or of any 

25 State, District, territory or possession thereof, shall 
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1 have subject matter jurisdiction to review, whether 

2 by mandamus or otherwise, any action by the Sec3 retary under this section. No officer or employee of 

4 the United States shall review any action by the Sec5 retary under this section (unless the President spe6 cifically directs otherwise). 

7 ‘‘SEC. 263. SMALLPOX VACCINE INJURY TABLE. 

8 ‘‘(a) SMALLPOX VACCINE INJURY TABLE.—

9 ‘‘(1) ESTABLISHMENT REQUIRED.—The Sec10 retary shall establish by interim final regulation a 

11 table identifying adverse effects (including injuries, 

12 disabilities, illnesses, conditions, and deaths) that 

13 shall be presumed to result from the administration 

14 of (or exposure to) a smallpox vaccine, and the time 

15 period in which the first symptom or manifestation 

16 of onset of each such adverse effect must manifest 

17 in order for such presumption to apply. 

18 ‘‘(2) AMENDMENTS.—The Secretary may 

19 amend by regulation the table established under 

20 paragraph (1). Amendments shall apply retroactively 

21 to claims pending at the time of promulgation of 

22 final amending regulations and to claims filed subse23 quently. If the effect of such amendment is to per24 mit an individual who was not, before such amend25 ment, eligible for compensation under this part, such 
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1 individual may file a request for compensation or file 

2 an amended request for such compensation not later 

3 than one year after the effective date of such amend4 ment in the case of an individual to whom the vac5 cine was administered and two years in the case of 

6 a request for compensation based on accidental 

7 vaccinia inoculation. 

8 ‘‘SEC. 264. MEDICAL BENEFITS. 

9 ‘‘(a) IN GENERAL.—Subject to the succeeding provi10 sions of this section, the Secretary shall make payment 

11 or reimbursement for medical items and services as rea12 sonable and necessary to treat a covered injury of an eligi13 ble individual. The Secretary may consider the Federal 

14 Employees Compensation Act (5 U.S.C. 8103) and its im15 plementing regulations in determining the amount of such 

16 payment and the circumstances under which such pay17 ments are reasonable and appropriate. 

18 ‘‘(b) BENEFITS SECONDARY TO OTHER COV19 ERAGE.—Payment or reimbursement for services or bene20 fits under subsection (a) shall be secondary to any obliga21 tion of the United States or any third party (including 

22 any State or local governmental entity, private insurance 

23 carrier, or employer) under any other provision of law or 

24 contractual agreement, to pay for or provide such services 

25 or benefits. The Secretary shall have the discretion to es-
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1 tablish mechanisms and procedures for providing the sec2 ondary benefits under this section. 

3 ‘‘SEC. 265. COMPENSATION FOR LOST EMPLOYMENT IN4 COME. 

5 ‘‘(a) IN GENERAL.—Subject to the succeeding provi6 sions of this section, the Secretary shall provide compensa7 tion to an eligible individual for loss of employment income 

8 incurred as a result of a covered injury, at the rate speci9 fied in subsection (b). 

10 ‘‘(b) AMOUNT OF COMPENSATION.—

11 ‘‘(1) IN GENERAL.—Compensation under this 

12 section shall be at the rate of 66 2/3 percent of 

13 monthly employment income. The Secretary may 

14 consider the Federal Employees Compensation Act 

15 (5 U.S.C. 8114 and 8115) and its implementing reg16 ulations in determining the amount of such payment 

17 and the circumstances under which such payments 

18 are reasonable and appropriate. 

19 ‘‘(2) TREATMENT OF SELF-EMPLOYMENT IN20 COME.—For purposes of this section, the term ‘em21 ployment income’ includes income from self-employ22 ment. 

23 ‘‘(c) LIMITATIONS.—

24 ‘‘(1) BENEFITS SECONDARY TO OTHER COV25 ERAGE.—Any compensation under subsection (a) 
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1 shall be secondary to the obligation of the United 

2 States or any third party (including any State or 

3 local governmental entity, private insurance carrier, 

4 or employer), under any other law or contractual 

5 agreement, to pay compensation for loss of employ6 ment income and shall not be made to the extent 

7 that compensation for loss of employment income 

8 has been made under such other obligations in an 

9 amount that equals or exceeds the rate specified in 

10 subsection (b)(1). 

11 ‘‘(2) NO BENEFITS FOR DEATH OR PERMANENT

12 AND TOTAL DISABILITY.—No payment shall be made 

13 under this section in compensation for loss of em14 ployment income subsequent to the receipt by an eli15 gible individual (or his survivor or survivors) of ben16 efits under section 266 for death or permanent and 

17 total disability. 

18 ‘‘(3) LIMIT ON TOTAL BENEFITS.—Total bene19 fits paid to an individual under this section shall not 

20 exceed $50,000. 

21 ‘‘(4) WAITING PERIOD.—An eligible individual 

22 shall not be provided compensation under this sec23 tion for the first 5 work days of disability. 
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1 ‘‘SEC. 266. PAYMENT FOR DEATH AND PERMANENT, TOTAL 

2 DISABILITY. 

3 ‘‘(a) BENEFIT FOR PERMANENT AND TOTAL DIS4 ABILITY.—The Secretary shall pay to an eligible individual 

5 who is determined to have a covered injury or injuries 

6 meeting the definition of disability in section 216(i) of the 

7 Social Security Act (42 U.S.C. 416(i)) an amount deter8 mined under subsection (c), in the same manner as dis9 ability benefits are paid pursuant to the PSOB program 

10 in section 1201(b) of the OCCSSA with respect to an eligi11 ble public safety officer (except that payment shall be 

12 made to the parent or legal guardian, in the case of an 

13 eligible individual who is a minor or is subject to legal 

14 guardianship). 

15 ‘‘(b) DEATH BENEFIT.—The Secretary shall pay, in 

16 the case of an eligible individual whose death is deter17 mined to have resulted from a covered injury or injuries, 

18 a death benefit in the amount determined under sub19 section (c) to the survivor or survivors in the same manner 

20 as death benefits are paid pursuant to PSOB program in 

21 section 1201 of the OCCSSA with respect to an eligible 

22 deceased (except that in the case of an eligible individual 

23 who is a minor with no living parent, the legal guardian 

24 shall be considered the survivor in the place of the parent). 

25 ‘‘(c) BENEFIT AMOUNT.—
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1 ‘‘(1) IN GENERAL.—The amount of the dis2 ability or death benefit under subsection (a) or (b) 

3 in a fiscal year shall equal the amount of the com4 parable benefit calculated under the PSOB in such 

5 fiscal year, without regard to any reduction attrib6 utable to a limitation on appropriations, but subject 

7 to paragraph (2). 

8 ‘‘(2) REDUCTION FOR PAYMENTS FOR LOST EM9 PLOYMENT INCOME.—The amount of the benefit as 

10 determined under paragraph (1) shall be reduced by 

11 the total amount of any benefits paid under section 

12 265 with respect to lost employment income. 

13 ‘‘(d) BENEFIT IN ADDITION TO MEDICAL BENE14 FITS.—A benefit under this section shall be in addition 

15 to any amounts received by an eligible individual under 

16 section 264. 

17 ‘‘(e) LIMITATIONS.—

18 ‘‘(1) DISABILITY BENEFITS.—Except as pro19 vided in paragraph (3), no benefit is payable under 

20 subsection (a) with respect to the disability of an eli21 gible individual if—

22 ‘‘(A) a disability benefit is paid or payable 

23 with respect to such individual under the 

24 PSOB; or 
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1 ‘‘(B) a death benefit is paid or payable 

2 with respect to such individual under subsection 

3 (b) or the PSOB. 

4 ‘‘(2) DEATH BENEFITS.—No benefit is payable 

5 under subsection (b) with respect to the death of an 

6 eligible individual if—

7 ‘‘(A) a disability benefit is paid with re8 spect to such individual under subsection (a) or 

9 the PSOB; or 

10 ‘‘(B) a death benefit is paid or payable 

11 with respect to such individual under the 

12 PSOB. 

13 ‘‘(3) EXCEPTION IN THE CASE OF A LIMITA14 TION ON APPROPRIATIONS FOR DISABILITY BENE15 FITS UNDER PSOB.—In the event that disability ben16 efits available to an eligible individual under the 

17 PSOB program are reduced because of a limitation 

18 on appropriations, and such reduction would affect 

19 the amount that would be payable under paragraph 

20 (1) or (2) without regard to this paragraph, benefits 

21 shall be available under subsection (a) or (b) to the 

22 extent necessary to ensure that such individual (or 

23 his survivor or survivors) receives a total amount 

24 equal to the amount described in subsection (c). 

25 ‘‘(f) REFERENCES.—References in this section—
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1 ‘‘(1) to the Public Safety Officers’ Benefits 

2 Program or PSOB are references to the program 

3 under part L, subpart 1 of title I of the OCCSSA; 

4 and 

5 ‘‘(2) to the OCCSSA are to the Omnibus Crime 

6 Control and Safe Streets Act of 1968 (42 U.S.C. 

7 3796 et seq.). 

8 ‘‘SEC. 267. ADMINISTRATION. 

9 ‘‘(a) ADMINISTRATION BY AGREEMENT WITH OTHER

10 AGENCY OR AGENCIES.—The Secretary may administer 

11 any or all of the provisions of this part through Memo12 randum of Agreement with the head of any appropriate 

13 Federal agency. 

14 ‘‘(b) REGULATIONS.—The head of the agency admin15 istering this part or provisions thereof (including any 

16 agency head administering such Act or provisions through 

17 a Memorandum of Agreement under subsection (a)) may 

18 promulgate such implementing regulations as may be 

19 found necessary and appropriate. Initial implementing 

20 regulations may be interim final regulations. 

21 ‘‘SEC. 268. PARTICIPANT EDUCATION REGARDING SMALL22 POX EMERGENCY RESPONSE PLANS. 

23 In reviewing State, local, or Department of Health 

24 and Human Services smallpox emergency response plans 

25 described in section 261, the Secretary shall ensure that 
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1 such plans are consistent with guidelines of the Centers 

2 for Disease Control and Prevention with respect to the 

3 education of individual participants (including information 

4 as to the voluntary nature of the program and the avail5 ability of potential benefits under this part), and the ade6 quate screening of individuals for vaccine contraindica7 tions. 

8 ‘‘SEC. 269. AUTHORIZATION OF APPROPRIATIONS. 

9 ‘‘For the purpose of carrying out this part, there are 

10 authorized to be appropriated such sums as may be nec11 essary for each of the fiscal years 2003 through 2007, to 

12 remain available until expended, including administrative 

13 costs and costs of provision and payment of benefits. 

14 ‘‘SEC. 270. RELATIONSHIP TO OTHER LAWS. 

15 ‘‘Except as explicitly provided herein, nothing in this 

16 part shall be construed to override or limit any rights an 

17 individual may have to seek compensation, benefits, or re18 dress under any other provision of Federal or State law.’’. 

19 SEC. 3. AMENDMENTS TO PROVISION REGARDING TORT LI20 ABILITY FOR ADMINISTRATION OF SMALL21 POX COUNTERMEASURES. 

22 (a) AMENDMENT TO ACCIDENTAL VACCINIA INOCU23 LATION PROVISION.—Section 224(p)(2)(C)(ii)(II) of such 

24 Act (42 U.S.C. 233(p)(2)(C)(ii)(II)) is amended by strik-
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1 ing ‘‘resides or has resided with’’ and inserting ‘‘has re2 sided with, or has had contact with,’’. 

3 (b) DEEMING ACTS AND OMISSIONS TO BE WITHIN

4 SCOPE OF EMPLOYMENT.—Section 224(p)(2) of such Act 

5 (42 U.S.C. 233(p)(2)) is amended by adding at the end 

6 the following new subparagraph: 

7 ‘‘(D) ACTS AND OMISSIONS DEEMED TO BE

8 WITHIN SCOPE OF EMPLOYMENT.—

9 ‘‘(i) IN GENERAL.—In the case of a 

10 claim arising out of alleged transmission of 

11 vaccinia from an individual described in 

12 clause (ii), acts or omissions by such indi13 vidual shall be deemed to have been taken 

14 within the scope of such individual’s office 

15 or employment for purposes of—

16 ‘‘(I) subsection (a); and 

17 ‘‘(II) section 1346(b) and chap18 ter 171 of title 28, United States 

19 Code. 

20 ‘‘(ii) INDIVIDUALS TO WHOM DEEMING

21 APPLIES.—An individual is described by 

22 this clause if—

23 ‘‘(I) vaccinia vaccine was admin24 istered to such individual as provided 

25 by subparagraph (B); and 
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1 ‘‘(II) such individual was within 

2 a category of individuals covered by a 

3 declaration under subparagraph 

4 (A)(i).’’. 

5 (c) EXHAUSTION; EXCLUSIVITY; OFFSET.—Section 

6 224(p)(3) of such Act (42 U.S.C. 233(p)(3)) is amended 

7 to read as follows: 

8 ‘‘(3) EXHAUSTION; EXCLUSIVITY; OFFSET.—

9 ‘‘(A) EXHAUSTION.—

10 ‘‘(i) IN GENERAL.—A person may not 

11 bring a claim under this subsection unless 

12 such person has received a determination 

13 about remedies available under section 

14 262. 

15 ‘‘(ii) TOLLING OF STATUTE OF LIMI16 TATIONS.—The time limit for filing a claim 

17 under this subsection, or for filing an ac18 tion based on such claim, shall be tolled 

19 during the pendency of a determination by 

20 the Secretary under section 262. 

21 ‘‘(iii) CONSTRUCTION.—This sub22 section shall not be construed as super23 seding or otherwise affecting the applica24 tion of a requirement, under chapter 171 
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1 of title 28, United States Code, to exhaust 

2 administrative remedies. 

3 ‘‘(B) EXCLUSIVITY.—The remedy provided 

4 by subsection (a) shall be exclusive of any other 

5 civil action or proceeding for any claim or suit 

6 this subsection encompasses, except for a pro7 ceeding under part C of this title. 

8 ‘‘(C) OFFSET.—The value of all compensa9 tion and benefits provided under part C of this 

10 title for an incident or series of incidents shall 

11 be offset against the amount of an award, com12 promise, or settlement of money damages in a 

13 claim or suit under this subsection based on the 

14 same incident or series of incidents.’’. 

15 (d) REQUIREMENT TO COOPERATE WITH UNITED

16 STATES.—Section 224(p)(5) of such Act (42 U.S.C. 

17 233(p)(5)) is amended in the caption by striking ‘‘DE18 FENDANT’’ and inserting ‘‘COVERED PERSON’’. 

19 (e) AMENDMENT TO DEFINITION OF COVERED

20 COUNTERMEASURE.—Section 224(p)(7)(A)(i)(II) of such 

21 Act (42 U.S.C. 233(p)(7)(A)(i)(II)) is amended to read 

22 as follows: 

23 ‘‘(II) used to control or treat the 

24 adverse effects of vaccinia inoculation 
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1 or of administration of another cov2 ered countermeasure; and’’. 

3 (f) AMENDMENT TO DEFINITION OF COVERED PER4 SON.—Section 224(p)(7)(B) of such Act (42 U.S.C. 

5 233(p)(7)(B)) is amended—

6 (1) by striking ‘‘includes any person’’ and in7 serting ‘‘means a person’’; 

8 (2) in clause (ii)—

9 (A) by striking ‘‘auspices’’ and inserting 

10 ‘‘auspices—’’; 

11 (B) by redesignating ‘‘such counter12 measure’’ and all that follows as clause (I) and 

13 indenting accordingly; and 

14 (C) by adding at the end the following: 

15 ‘‘(II) a determination was made 

16 as to whether, or under what cir17 cumstances, an individual should re18 ceive a covered countermeasure; 

19 ‘‘(III) the immediate site of ad20 ministration on the body of a covered 

21 countermeasure was monitored, man22 aged, or cared for; or 

23 ‘‘(IV) an evaluation was made of 

24 whether the administration of a coun25 termeasure was effective;’’; 
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1 (3) in clause (iii) by striking ‘‘or’’; 

2 (4) by striking clause (iv) and inserting the fol3 lowing: 

4 ‘‘(iv) a State, a political subdivision of 

5 a State, or an agency or official of a State 

6 or of such a political subdivision, if such 

7 State, subdivision, agency, or official has 

8 established requirements, provided policy 

9 guidance, supplied technical or scientific 

10 advice or assistance, or otherwise super11 vised or administered a program with re12 spect to administration of such counter13 measures; 

14 ‘‘(v) in the case of a claim arising out 

15 of alleged transmission of vaccinia from an 

16 individual—

17 ‘‘(I) the individual who allegedly 

18 transmitted the vaccinia, if vaccinia 

19 vaccine was administered to such indi20 vidual as provided by paragraph 

21 (2)(B) and such individual was within 

22 a category of individuals covered by a 

23 declaration under paragraph (2)(A)(i); 

24 or 
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1 ‘‘(II) an entity that employs an 

2 individual described by clause (I) or 

3 where such individual has privileges or 

4 is otherwise authorized to provide 

5 health care; 

6 ‘‘(vi) an official, agent, or employee of 

7 a person described in clause (i), (ii), (iii), 

8 or (iv); 

9 ‘‘(vii) a contractor of, or a volunteer 

10 working for, a person described in clause 

11 (i), (ii), or (iv), if the contractor or volun12 teer performs a function for which a per13 son described in clause (i), (ii), or (iv) is 

14 a covered person; or 

15 ‘‘(viii) an individual who has privileges 

16 or is otherwise authorized to provide health 

17 care under the auspices of an entity de18 scribed in clause (ii) or (v)(II).’’. 

19 (g) AMENDMENT TO DEFINITION OF QUALIFIED

20 PERSON.—Section 224(p)(7)(C) of such Act (42 U.S.C. 

21 233(p)(7)(C)) is amended—

22 (1) by designating ‘‘is authorized to’’ and all 

23 that follows as clause (i) and indenting accordingly; 

24 (2) by striking ‘‘individual who’’ and inserting 

25 ‘‘individual who—’’; and 
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1 (3) by striking the period and inserting ‘‘; or 

2 ‘‘(ii) is otherwise authorized by the 

3 Secretary to administer such counter4 measure.’’. 

5 (h) DEFINITION OF ‘‘ARISING OUT OF ADMINISTRA6 TION OF A COVERED COUNTERMEASURE’’.—Section 

7 224(p)(7) of such Act (42 U.S.C. 233(p)(7)) is amended 

8 by adding at the end the following new subparagraph: 

9 ‘‘(D) ARISING OUT OF ADMINISTRATION

10 OF A COVERED COUNTERMEASURE.—The term 

11 ’arising out of administration of a covered 

12 countermeasure’, when used with respect to a 

13 claim or liability, includes a claim or liability 

14 arising out of—

15 ‘‘(i) determining whether, or under 

16 what conditions, an individual should re17 ceive a covered countermeasure; 

18 ‘‘(ii) obtaining informed consent of an 

19 individual to the administration of a cov20 ered countermeasure; 

21 ‘‘(iii) monitoring, management, or 

22 care of an immediate site of administration 

23 on the body of a covered countermeasure, 

24 or evaluation of whether the administration 
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1 of the countermeasure has been effective; 

2 or 

3 ‘‘(iv) transmission of vaccinia virus by 

4 an individual to whom vaccinia vaccine was 

5 administered as provided by paragraph 

6 (2)(B).’’. 

7 (i) TECHNICAL CORRECTION.—Section 

8 224(p)(2)(A)(ii) of such Act (42 U.S.C. 233(p)(2)(A)(ii)) 

9 is amended by striking ‘‘paragraph (8)(A)’’ and inserting 

10 ‘‘paragraph (7)(A)’’. 

11 (j) EFFECTIVE DATE.—This section shall take effect 

12 as of November 25, 2002.

Æ