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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1770 Enrolled Bill (ENR)]

        H.R.1770

                       One Hundred Eighth Congress

                                 of the

                        United States of America

                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
           the seventh day of January, two thousand and three

                                 An Act

 
To provide benefits and other compensation for certain individuals with 
injuries resulting from administration of smallpox countermeasures, and 
                           for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Smallpox Emergency Personnel 
Protection Act of 2003''.

 SEC. 2. SMALLPOX EMERGENCY PERSONNEL PROTECTION.

    Title II of the Public Health Service Act (42 U.S.C. 202 et seq.) 
is amended by adding at the end the following part:

           ``Part C--Smallpox Emergency Personnel Protection

``SEC. 261. GENERAL PROVISIONS.

    ``(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 224(p).
        ``(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 the 
        enactment of this part).
        ``(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 
    262, to have been sustained by an individual as the direct result 
    of--
            ``(A) administration to the individual of a covered 
        countermeasure during the effective period of the Declaration; 
        or
            ``(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 262)--
            ``(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.

``SEC. 262. DETERMINATION OF ELIGIBILITY AND BENEFITS.

    ``(a) In General.--The Secretary shall establish procedures for 
determining, as applicable with respect to an individual--
        ``(1) whether the individual is an eligible individual;
        ``(2) whether an eligible individual has sustained a covered 
    injury or injuries for which medical benefits or compensation may 
    be available under sections 264 and 265, and the amount of such 
    benefits or compensation; and
        ``(3) whether the covered injury or injuries of an eligible 
    individual caused the individual's death for purposes of benefits 
    under section 266.
    ``(b) Covered Individuals.--The Secretary may accept a 
certification, by a Federal, State, or local government entity or 
private health care entity participating in the administration of 
covered countermeasures under the Declaration, that an individual is a 
covered individual.
    ``(c) Criteria for Reimbursement.--
        ``(1) Injuries specified in injury table.--In any case where an 
    injury or other adverse effect specified in the injury table 
    established under section 263 as a known effect of a vaccine 
    manifests in an individual within the time period specified in such 
    table, such injury or other effect shall be presumed to have 
    resulted from administration of such vaccine.
        ``(2) Other determinations.--In making determinations other 
    than those described in paragraph (1) as to the causation or 
    severity of an injury, the Secretary shall employ a preponderance 
    of the evidence standard and take into consideration all relevant 
    medical and scientific evidence presented for consideration, and 
    may obtain and consider the views of qualified medical experts.
    ``(d) Deadline for Filing Request.--The Secretary shall not 
consider any request for a benefit under this part with respect to an 
individual, unless--
        ``(1) in the case of a request based on the administration of 
    the vaccine to the individual, the individual files with the 
    Secretary an initial request for benefits or compensation under 
    this part not later than one year after the date of administration 
    of the vaccine; or
        ``(2) in the case of a request based on accidental vaccinia 
    inoculation, the individual files with the Secretary an initial 
    request for benefits or compensation under this part not later than 
    two years after the date of the first symptom or manifestation of 
    onset of the adverse effect.
    ``(e) Structured Settlements at Secretary's Option.--In any case in 
which there is a reasonable likelihood that compensation or payment 
under section 264, 265, or 266(b) will be required for a period in 
excess of one year from the date an individual is determined eligible 
for such compensation or payment, the Secretary shall have the 
discretion to make a lump-sum payment, purchase an annuity or medical 
insurance policy, or execute an appropriate structured settlement 
agreement, provided that such payment, annuity, policy, or agreement is 
actuarially determined to have a value equal to the present value of 
the projected total amount of benefits or compensation that the 
individual is eligible to receive under such section or sections.
    ``(f) Review of Determination.--
        ``(1) Secretary's review authority.--The Secretary may review a 
    determination under this section at any time on the Secretary's own 
    motion or on application, and may affirm, vacate, or modify such 
    determination in any manner the Secretary deems appropriate. The 
    Secretary shall develop a process by which an individual may file a 
    request for reconsideration of any determination made by the 
    Secretary under this section.
        ``(2) Judicial and administrative review.--No court of the 
    United States, or of any State, District, territory or possession 
    thereof, shall have subject matter jurisdiction to review, whether 
    by mandamus or otherwise, any action by the Secretary under this 
    section. No officer or employee of the United States shall review 
    any action by the Secretary under this section (unless the 
    President specifically directs otherwise).

``SEC. 263. SMALLPOX VACCINE INJURY TABLE.

    ``(a) Smallpox Vaccine Injury Table.--
        ``(1) Establishment required.--The Secretary shall establish by 
    interim final regulation a table identifying adverse effects 
    (including injuries, disabilities, illnesses, conditions, and 
    deaths) that shall be presumed to result from the administration of 
    (or exposure to) a smallpox vaccine, and the time period in which 
    the first symptom or manifestation of onset of each such adverse 
    effect must manifest in order for such presumption to apply.
        ``(2) Amendments.--The Secretary may by regulation amend the 
    table established under paragraph (1). An amendment to the table 
    takes effect on the date of the promulgation of the final rule that 
    makes the amendment, and applies to all requests for benefits or 
    compensation under this part that are filed on or after such date 
    or are pending as of such date. In addition, the amendment applies 
    retroactively to an individual who was not with respect to the 
    injury involved an eligible individual under the table as in effect 
    before the amendment but who with respect to such injury is an 
    eligible individual under the table as amended. With respect to a 
    request for benefits or compensation under this part by an 
    individual who becomes an eligible individual as described in the 
    preceding sentence, the Secretary may not provide such benefits or 
    compensation unless the request (or amendment to a request, as 
    applicable) is filed before the expiration of one year after the 
    effective date of the amendment to the table in the case of an 
    individual to whom the vaccine was administered and before the 
    expiration of two years after such effective date in the case of a 
    request based on accidental vaccinia inoculation.

``SEC. 264. MEDICAL BENEFITS.

    ``(a) In General.--Subject to the succeeding provisions of this 
section, the Secretary shall make payment or reimbursement for medical 
items and services as reasonable and necessary to treat a covered 
injury of an eligible individual, including the services, appliances, 
and supplies prescribed or recommended by a qualified physician, which 
the Secretary considers likely to cure, give relief, reduce the degree 
or the period of disability, or aid in lessening the amount of monthly 
compensation.
    ``(b) Benefits Secondary to Other Coverage.--Payment or 
reimbursement for services or benefits under subsection (a) shall be 
secondary to any obligation of the United States or any third party 
(including any State or local governmental entity, private insurance 
carrier, or employer) under any other provision of law or contractual 
agreement, to pay for or provide such services or benefits.

``SEC. 265. COMPENSATION FOR LOST EMPLOYMENT INCOME.

    ``(a) In General.--Subject to the succeeding provisions of this 
section, the Secretary shall provide compensation to an eligible 
individual for loss of employment income (based on such income at the 
time of injury) incurred as a result of a covered injury, at the rate 
specified in subsection (b).
    ``(b) Amount of Compensation.--
        ``(1) In general.--Compensation under subsection (a) shall be 
    at the rate of 66\2/3\ percent of the relevant pay period (weekly, 
    monthly, or otherwise), except as provided in paragraph (2).
        ``(2) Augmented compensation for dependents.--If an eligible 
    individual has one or more dependents, the basic compensation for 
    loss of employment income as described in paragraph (1) shall be 
    augmented at the rate of 8\1/3\ percent.
        ``(3) Consideration of other programs.--
            ``(A) In general.--The Secretary may consider the 
        provisions of sections 8114, 8115, and 8146a of title 5, United 
        States Code, and any implementing regulations, in determining 
        the amount of payment under subsection (a) and the 
        circumstances under which such payments are reasonable and 
        necessary.
            ``(B) Minors.--With respect to an eligible individual who 
        is a minor, the Secretary may consider the provisions of 
        section 8113 of title 5, United States Code, and any 
        implementing regulations, in determining the amount of payment 
        under subsection (a) and the circumstances under which such 
        payments are reasonable and necessary.
        ``(4) Treatment of self-employment income.--For purposes of 
    this section, the term `employment income' includes income from 
    self-employment.
    ``(c) Limitations.--
        ``(1) Benefits secondary to other coverage.--
            ``(A) In general.--Any compensation under subsection (a) 
        shall be secondary to the obligation of the United States or 
        any third party (including any State or local governmental 
        entity, private insurance carrier, or employer), under any 
        other law or contractual agreement, to pay compensation for 
        loss of employment income or to provide disability or 
        retirement benefits.
            ``(B) Relation to other obligations.--Compensation under 
        subsection (a) shall not be made to an eligible individual to 
        the extent that the total of amounts paid to the individual 
        under such subsection and under the other obligations referred 
        to in subparagraph (A) is an amount that exceeds the rate 
        specified in subsection (b)(1). If under any such other 
        obligation a lump-sum payment is made, such payment shall, for 
        purposes of this paragraph, be deemed to be received over 
        multiple years rather than received in a single year. The 
        Secretary may, in the discretion of the Secretary, determine 
        how to apportion such payment over multiple years.
        ``(2) No benefits in case of death.--No payment shall be made 
    under subsection (a) in compensation for loss of employment income 
    subsequent to the receipt, by the survivor or survivors of an 
    eligible individual, of benefits under section 266 for death.
        ``(3) Limit on total benefits.--
            ``(A) In general.--Except as provided in subparagraph (B)--
                ``(i) total compensation paid to an individual under 
            subsection (a) shall not exceed $50,000 for any year; and
                ``(ii) the lifetime total of such compensation for the 
            individual may not exceed an amount equal to the amount 
            authorized to be paid under section 266.
            ``(B) Permanent and total disability.--The limitation under 
        subparagraph (A)(ii) does not apply in the case of an eligible 
        individual who is determined to have a covered injury or 
        injuries meeting the definition of disability in section 216(i) 
        of the Social Security Act (42 U.S.C. 416(i)).
        ``(4) Waiting period.--
            ``(A) In general.--Except as provided in subparagraph (B), 
        an eligible individual shall not be provided compensation under 
        this section for the first 5 work days of loss of employment 
        income.
            ``(B) Exception.--Subparagraph (A) does not apply if the 
        period of loss of employment income of an eligible individual 
        is 10 or more work days.
        ``(5) Termination of benefits.--No payment shall be made under 
    subsection (a) in compensation for loss of employment income once 
    the eligible individual involves reaches the age of 65.
    ``(d) Benefit in Addition to Medical Benefits.--A benefit under 
subsection (a) shall be in addition to any amounts received by an 
eligible individual under section 264.

``SEC. 266. PAYMENT FOR DEATH.

    ``(a) Death Benefit.--
        ``(1) In general.--The Secretary shall pay, in the case of an 
    eligible individual whose death is determined to have resulted from 
    a covered injury or injuries, a death benefit in the amount 
    determined under paragraph (2) to the survivor or survivors in the 
    same manner as death benefits are paid pursuant to the Public 
    Safety Officers' Benefits Program under subpart 1 of part L of 
    title I of the Omnibus Crime Control and Safe Streets Act of 1968 
    (42 U.S.C. 3796 et seq.) with respect to an eligible deceased 
    (except that in the case of an eligible individual who is a minor 
    with no living parent, the legal guardian shall be considered the 
    survivor in the place of the parent).
        ``(2) Benefit amount.--
            ``(A) In general.--The amount of the death benefit under 
        paragraph (1) in a fiscal year shall equal the amount of the 
        comparable benefit calculated under the Public Safety Officers' 
        Benefits Program under subpart 1 of part L of title I of the 
        Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
        3796 et seq.) in such fiscal year, without regard to any 
        reduction attributable to a limitation on appropriations, but 
        subject to subparagraph (B).
            ``(B) Reduction for payments for lost employment income.--
        The amount of the benefit as determined under subparagraph (A) 
        shall be reduced by the total amount of any benefits paid under 
        section 265 with respect to lost employment income.
        ``(3) Limitations.--
            ``(A) In general.--No benefit is payable under paragraph 
        (1) with respect to the death of an eligible individual if--
                ``(i) a disability benefit is paid with respect to such 
            individual under the Public Safety Officers' Benefits 
            Program under subpart 1 of part L of title I of the Omnibus 
            Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796 
            et seq.); or
                ``(ii) a death benefit is paid or payable with respect 
            to such individual under the Public Safety Officers' 
            Benefits Program under subpart 1 of part L of title I of 
            the Omnibus Crime Control and Safe Streets Act of 1968 (42 
            U.S.C. 3796 et seq.).
            ``(B) Exception in the case of a limitation on 
        appropriations for disability benefits under psob.--In the 
        event that disability benefits available to an eligible 
        individual under the Public Safety Officers' Benefits Program 
        under subpart 1 of part L of title I of the Omnibus Crime 
        Control and Safe Streets Act of 1968 (42 U.S.C. 3796 et seq.) 
        are reduced because of a limitation on appropriations, and such 
        reduction would affect the amount that would be payable under 
        subparagraph (A) without regard to this subparagraph, benefits 
        shall be available under paragraph (1) to the extent necessary 
        to ensure that the survivor or survivors of such individual 
        receives a total amount equal to the amount described in 
        paragraph (2).
    ``(b) Election in Case of Dependents.--
        ``(1) In general.--In the case of an eligible individual whose 
    death is determined to have resulted from a covered injury or 
    injuries, if the individual had one or more dependents under the 
    age of 18, the legal guardian of the dependents may, in lieu of the 
    death benefit under subsection (a), elect to receive on behalf of 
    the aggregate of such dependents payments in accordance with this 
    subsection. An election under the preceding sentence is effective 
    in lieu of a request under subsection (a) by an individual who is 
    not the legal guardian of such dependents.
        ``(2) Amount of payments.--Payments under paragraph (1) with 
    respect to an eligible individual described in such paragraph shall 
    be made as if such individual were an eligible individual to whom 
    compensation would be paid under subsection (a) of section 265, 
    with the rate augmented in accordance with subsection (b)(2) of 
    such section and with such individual considered to be an eligible 
    individual described in subsection (c)(3)(B) of such section.
        ``(3) Limitations.--
            ``(A) Age of dependents.--No payments may be made under 
        paragraph (1) once the youngest of the dependents involved 
        reaches the age of 18.
            ``(B) Benefits secondary to other coverage.--
                ``(i) In general.--Any payment under paragraph (1) 
            shall be secondary to the obligation of the United States 
            or any third party (including any State or local 
            governmental entity, private insurance carrier, or 
            employer), under any other law or contractual agreement, to 
            pay compensation for loss of employment income or to 
            provide disability benefits, retirement benefits, life 
            insurance benefits on behalf of dependents under the age of 
            18, or death benefits.
                ``(ii) Relation to other obligations.--Payments under 
            paragraph (1) shall not be made to with respect to an 
            eligible individual to the extent that the total of amounts 
            paid with respect to the individual under such paragraph 
            and under the other obligations referred to in clause (i) 
            is an amount that exceeds the rate of payment that applies 
            under paragraph (2). If under any such other obligation a 
            lump-sum payment is made, such payment shall, for purposes 
            of this subparagraph, be deemed to be received over 
            multiple years rather than received in a single year. The 
            Secretary may, in the discretion of the Secretary, 
            determine how to apportion such payment over multiple 
            years.
    ``(c) Benefit in Addition to Medical Benefits.--A benefit under 
subsection (a) or (b) shall be in addition to any amounts received by 
an eligible individual under section 264.

``SEC. 267. ADMINISTRATION.

    ``(a) Administration by Agreement With Other Agency or Agencies.--
The Secretary may administer any or all of the provisions of this part 
through Memorandum of Agreement with the head of any appropriate 
Federal agency.
    ``(b) Regulations.--The head of the agency administering this part 
or provisions thereof (including any agency head administering such Act 
or provisions through a Memorandum of Agreement under subsection (a)) 
may promulgate such implementing regulations as may be found necessary 
and appropriate. Initial implementing regulations may be interim final 
regulations.

``SEC. 268. AUTHORIZATION OF APPROPRIATIONS.

    ``For the purpose of carrying out this part, there are authorized 
to be appropriated such sums as may be necessary for each of the fiscal 
years 2003 through 2007, to remain available until expended, including 
administrative costs and costs of provision and payment of benefits. 
The Secretary's payment of any benefit under section 264, 265, or 266 
shall be subject to the availability of appropriations under this 
section.

``SEC. 269. RELATIONSHIP TO OTHER LAWS.

    ``Except as explicitly provided herein, nothing in this part shall 
be construed to override or limit any rights an individual may have to 
seek compensation, benefits, or redress under any other provision of 
Federal or State law.''.

SEC. 3. AMENDMENTS TO PROVISION REGARDING TORT LIABILITY FOR 
              ADMINISTRATION OF SMALLPOX COUNTERMEASURES.

    (a) Amendment to Accidental Vaccinia Inoculation Provision.--
Section 224(p)(2)(C)(ii)(II) of such Act (42 U.S.C. 
233(p)(2)(C)(ii)(II)) is amended by striking ``resides or has resided 
with'' and inserting ``has resided with, or has had contact with,''.
    (b) Deeming Acts and Omissions to be Within Scope of Employment.--
Section 224(p)(2) of such Act (42 U.S.C. 233(p)(2)) is amended by 
adding at the end the following new subparagraph:
            ``(D) Acts and omissions deemed to be within scope of 
        employment.--
                ``(i) In general.--In the case of a claim arising out 
            of alleged transmission of vaccinia from an individual 
            described in clause (ii), acts or omissions by such 
            individual shall be deemed to have been taken within the 
            scope of such individual's office or employment for 
            purposes of--

                    ``(I) subsection (a); and
                    ``(II) section 1346(b) and chapter 171 of title 28, 
                United States Code.

                ``(ii) Individuals to whom deeming applies.--An 
            individual is described by this clause if--

                    ``(I) vaccinia vaccine was administered to such 
                individual as provided by subparagraph (B); and
                    ``(II) such individual was within a category of 
                individuals covered by a declaration under subparagraph 
                (A)(i).''.

    (c) Exhaustion; Exclusivity; Offset.--Section 224(p)(3) of such Act 
(42 U.S.C. 233(p)(3)) is amended to read as follows:
        ``(3) Exhaustion; exclusivity; offset.--
            ``(A) Exhaustion.--
                ``(i) In general.--A person may not bring a claim under 
            this subsection unless such person has exhausted such 
            remedies as are available under part C of this title, 
            except that if the Secretary fails to make a final 
            determination on a request for benefits or compensation 
            filed in accordance with the requirements of such part 
            within 240 days after such request was filed, the 
            individual may seek any remedy that may be available under 
            this section.
                ``(ii) Tolling of statute of limitations.--The time 
            limit for filing a claim under this subsection, or for 
            filing an action based on such claim, shall be tolled 
            during the pendency of a request for benefits or 
            compensation under part C of this title.
                ``(iii) Construction.--This subsection shall not be 
            construed as superseding or otherwise affecting the 
            application of a requirement, under chapter 171 of title 
            28, United States Code, to exhaust administrative remedies.
            ``(B) Exclusivity.--The remedy provided by subsection (a) 
        shall be exclusive of any other civil action or proceeding for 
        any claim or suit this subsection encompasses, except for a 
        proceeding under part C of this title.
            ``(C) Offset.--The value of all compensation and benefits 
        provided under part C of this title for an incident or series 
        of incidents shall be offset against the amount of an award, 
        compromise, or settlement of money damages in a claim or suit 
        under this subsection based on the same incident or series of 
        incidents.''.
    (d) Requirement to Cooperate With United States.--Section 224(p)(5) 
of such Act (42 U.S.C. 233(p)(5)) is amended in the caption by striking 
``Defendant'' and inserting ``Covered person''.
    (e) Amendment to Definition of Covered Countermeasure.--Section 
224(p)(7)(A)(i)(II) of such Act (42 U.S.C. 233(p)(7)(A)(i)(II)) is 
amended to read as follows:

                    ``(II) used to control or treat the adverse effects 
                of vaccinia inoculation or of administration of another 
                covered countermeasure; and''.

    (f) Amendment to Definition of Covered Person.--Section 
224(p)(7)(B) of such Act (42 U.S.C. 233(p)(7)(B)) is amended--
        (1) by striking ``includes any person'' and inserting ``means a 
    person'';
        (2) in clause (ii)--
            (A) by striking ``auspices'' and inserting ``auspices--'';
            (B) by redesignating ``such countermeasure'' and all that 
        follows as clause (I) and indenting accordingly; and
            (C) by adding at the end the following:

                    ``(II) a determination was made as to whether, or 
                under what circumstances, an individual should receive 
                a covered countermeasure;
                    ``(III) the immediate site of administration on the 
                body of a covered countermeasure was monitored, 
                managed, or cared for; or
                    ``(IV) an evaluation was made of whether the 
                administration of a countermeasure was effective;'';

        (3) in clause (iii) by striking ``or'';
        (4) by striking clause (iv) and inserting the following:
                ``(iv) 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, subdivision, agency, or 
            official has established requirements, provided policy 
            guidance, supplied technical or scientific advice or 
            assistance, or otherwise supervised or administered a 
            program with respect to administration of such 
            countermeasures;
                ``(v) in the case of a claim arising out of alleged 
            transmission of vaccinia from an individual--

                    ``(I) the individual who allegedly transmitted the 
                vaccinia, if vaccinia vaccine was administered to such 
                individual as provided by paragraph (2)(B) and such 
                individual was within a category of individuals covered 
                by a declaration under paragraph (2)(A)(i); or
                    ``(II) an entity that employs an individual 
                described by clause (I) or where such individual has 
                privileges or is otherwise authorized to provide health 
                care;

                ``(vi) an official, agent, or employee of a person 
            described in clause (i), (ii), (iii), or (iv);
                ``(vii) a contractor of, or a volunteer working for, a 
            person described in clause (i), (ii), or (iv), if the 
            contractor or volunteer performs a function for which a 
            person described in clause (i), (ii), or (iv) is a covered 
            person; or
                ``(viii) an individual who has privileges or is 
            otherwise authorized to provide health care under the 
            auspices of an entity described in clause (ii) or 
            (v)(II).''.
    (g) Amendment to Definition of Qualified Person.--Section 
224(p)(7)(C) of such Act (42 U.S.C. 233(p)(7)(C)) is amended--
        (1) by designating ``is authorized to'' and all that follows as 
    clause (i) and indenting accordingly;
        (2) by striking ``individual who'' and inserting ``individual 
    who--''; and
        (3) by striking the period and inserting ``; or
                ``(ii) is otherwise authorized by the Secretary to 
            administer such countermeasure.''.
    (h) Definition of ``Arising Out of Administration of a Covered 
Countermeasure''.--Section 224(p)(7) of such Act (42 U.S.C. 233(p)(7)) 
is amended by adding at the end the following new subparagraph:
            ``(D) Arising out of administration of a covered 
        countermeasure.--The term `arising out of administration of a 
        covered countermeasure', when used with respect to a claim or 
        liability, includes a claim or liability arising out of--
                ``(i) determining whether, or under what conditions, an 
            individual should receive a covered countermeasure;
                ``(ii) obtaining informed consent of an individual to 
            the administration of a covered countermeasure;
                ``(iii) 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 countermeasure has been effective; or
                ``(iv) transmission of vaccinia virus by an individual 
            to whom vaccinia vaccine was administered as provided by 
            paragraph (2)(B).''.
    (i) Technical Correction.--Section 224(p)(2)(A)(ii) of such Act (42 
U.S.C. 233(p)(2)(A)(ii)) is amended by striking ``paragraph (8)(A)'' 
and inserting ``paragraph (7)(A)''.
    (j) Effective Date.--This section shall take effect as of November 
25, 2002.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```