I 
108TH CONGRESS 
1ST SESSION H. R. 1463
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 27, 2003
Mr. BURR (for himself, Mr. TAUZIN, Mr. BILIRAKIS, Mr. UPTON, Mr. NOR-
WOOD, 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 jurisdic-
tion of the committee concerned 
A BILL 
To provide benefits for certain individuals with injuries re-
sulting from administration of a smallpox vaccine, and 
for other purposes.
Be it enacted by the Senate and House of Representa-
tives 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. DEFINITIONS. 
‘‘For purposes of this part: 
‘‘(1) VACCINE.—The term ‘vaccine’ or ‘smallpox 
vaccine’ means vaccinia (smallpox) vaccines, includ-
ing the Dryvax vaccine. 
‘‘(2) COVERED
INDIVIDUAL.—The term ‘cov-
ered individual’ means an individual—
‘‘(A) who is a health care worker, law en-
forcement officer, firefighter, security per-
sonnel, 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 emer-
gency response plan approved by the Secretary; 
and 
‘‘(C) to whom a vaccine is administered 
pursuant to such approved plan—
‘‘(i) during the effective period of the 
Declaration (including the portion of such 
period before the enactment of this part); 
and 
‘‘(ii) not later than the latest of—
‘‘(I) 180 days after the effective 
date of the initial interim final regula-
tions implementing this part; 
‘‘(II) 120 days after becoming an 
individual in an occupation described 
in subparagraph (A); or 
‘‘(III) 120 days after becoming 
an individual identified as a member 
of a smallpox emergency response 
plan described in subparagraph (B). 
‘‘(3) COVERED INJURY.—The term ‘covered in-
jury’ means an injury, disability, illness, condition, 
or death (other than a minor injury such as minor 
scarring or minor local reaction) determined, pursu-
ant 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 
vaccine during the effective period of the Dec-
laration; 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 pe-
riod; 
‘‘(ii) smallpox vaccine has not been 
administered to the individual; and 
‘‘(iii) the individual has resided with, 
or 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
DECLARA-
TION.—The term ‘effective period of the Declara-
tion’ means the effective period specified in the Dec-
laration, unless extended by the Secretary. 
‘‘(6) ELIGIBLE INDIVIDUAL.—The term ‘eligible 
individual’ means an individual who is (as deter-
mined in accordance with section 262)—
‘‘(A) a covered individual who sustains a 
covered injury in the manner described in para-
graph (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 ac-
tions to be taken in preparation for a possible small-
pox-related emergency during the period prior to the 
identification of an active case of smallpox either 
within or outside the United States. 
‘‘SEC. 262. DETERMINATION OF ELIGIBILITY AND BENE-
FITS. 
‘‘(a) IN GENERAL.—The Secretary shall establish 
procedures for determining, as applicable with respect to 
an individual—
‘‘(1) whether the individual is an eligible indi-
vidual; 
‘‘(2) whether an eligible individual has sus-
tained a covered injury or injuries for which medical 
benefits or compensation may be available under sec-
tions 264 and 265, and the amount of such benefits 
or compensation;
‘‘(3) whether the covered injury or injuries of 
an eligible individual constitute a compensable dis-
ability, or 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 govern-
ment 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 de-
terminations other than those described in para-
graph (1) as to the causation or severity of an in-
jury, 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 Sec-
retary 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 ad-
ministration of the vaccine to the individual, the in-
dividual provides notice to the Secretary of an ad-
verse effect of the vaccination not later than one 
year after the date of administration of the vaccine; 
or 
‘‘(2) in the case of a request based on acci-
dental vaccinia inoculation, the individual provides 
notice to the Secretary of an adverse effect of such 
vaccination not later than two years after the date 
of the first symptom or manifestation of onset of the 
adverse effect. 
‘‘(e) 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. 
‘‘(2) JUDICIAL
AND
ADMINISTRATIVE
RE-
VIEW.—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 Sec-
retary under this section. No officer or employee of 
the United States shall review any action by the Sec-
retary under this section (unless the President spe-
cifically directs otherwise). 
‘‘SEC. 263. SMALLPOX VACCINE INJURY TABLE. 
‘‘(a) SMALLPOX VACCINE INJURY TABLE.—
‘‘(1) ESTABLISHMENT
REQUIRED.—The Sec-
retary 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 
amend by regulation the table established under 
paragraph (1). Amendments shall apply retroactively 
to claims pending at the time of promulgation of 
final amending regulations and to claims filed subse-
quently. If the effect of such amendment is to per-
mit an individual who was not, before such amend-
ment, eligible for compensation under this part, such
individual may file a request for compensation or file 
an amended request for such compensation not later 
than one year after the effective date of such amend-
ment in the case of an individual to whom the vac-
cine was administered and two years in the case of 
a request for compensation based on accidental 
vaccinia inoculation. 
‘‘SEC. 264. MEDICAL BENEFITS. 
‘‘(a) IN GENERAL.—Subject to the succeeding provi-
sions of this section, the Secretary shall make payment 
or reimbursement for medical items and services as rea-
sonable and necessary to treat a covered injury of an eligi-
ble individual. The Secretary may consider the Federal 
Employees Compensation Act (5 U.S.C. 8103) and its im-
plementing regulations in determining the amount of such 
payment and the circumstances under which such pay-
ments are reasonable and appropriate. 
‘‘(b) BENEFITS
SECONDARY
TO
OTHER
COV-
ERAGE.—Payment or reimbursement for services or bene-
fits under subsection (a) shall be secondary to any obliga-
tion 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. The Secretary shall have the discretion to es-
tablish mechanisms and procedures for providing the sec-
ondary benefits under this section. 
‘‘SEC. 265. COMPENSATION FOR LOST EMPLOYMENT IN-
COME. 
‘‘(a) IN GENERAL.—Subject to the succeeding provi-
sions of this section, the Secretary shall provide compensa-
tion to an eligible individual for loss of employment income 
incurred as a result of a covered injury, at the rate speci-
fied in subsection (b). 
‘‘(b) AMOUNT OF COMPENSATION.—
‘‘(1) IN GENERAL.—Compensation under this 
section shall be at the rate of 662⁄3 percent of 
monthly employment income, except that such per-
centage shall be 75 percent in the case of an indi-
vidual who has one or more dependents. The Sec-
retary may consider the Federal Employees Com-
pensation Act (5 U.S.C. 8114 and 8115) and its im-
plementing regulations in determining the amount of 
such payment and the circumstances under which 
such payments are reasonable and appropriate. 
‘‘(2) TREATMENT
OF
SELF-EMPLOYMENT
IN-
COME.—For purposes of this section, the term ‘em-
ployment income’ includes income from self-employ-
ment. 
‘‘(c) LIMITATIONS.—
‘‘(1) BENEFITS
SECONDARY
TO
OTHER
COV-
ERAGE.—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 employ-
ment income and shall not be made to the extent 
that compensation for loss of employment income 
has been made under such other obligations in an 
amount that equals or exceeds the rate specified in 
subsection (b)(1). 
‘‘(2) NO BENEFITS FOR DEATH OR PERMANENT 
AND TOTAL DISABILITY.—No payment shall be made 
under this section in compensation for loss of em-
ployment income subsequent to the receipt by an eli-
gible individual (or his survivor or survivors) of ben-
efits under section 266 for death or permanent and 
total disability. 
‘‘(3) LIMIT ON TOTAL BENEFITS.—Total bene-
fits paid to an individual under this section shall not 
exceed $50,000 for any year, and the lifetime total 
of such benefits for the individual may not exceed an 
amount equal to the amount authorized to be paid 
under section 266.
‘‘(4) WAITING PERIOD.—An eligible individual 
shall not be provided compensation under this sec-
tion for the first 5 work days of disability. 
‘‘SEC. 266. PAYMENT FOR DEATH AND PERMANENT, TOTAL 
DISABILITY. 
‘‘(a) BENEFIT FOR PERMANENT AND TOTAL DIS-
ABILITY.—The Secretary shall pay to 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)) an amount deter-
mined under subsection (c), in the same manner as dis-
ability benefits are paid pursuant to the PSOB program 
in section 1201(b) of the OCCSSA with respect to an eligi-
ble public safety officer (except that payment shall be 
made to the parent or legal guardian, in the case of an 
eligible individual who is a minor or is subject to legal 
guardianship). 
‘‘(b) DEATH BENEFIT.—The Secretary shall pay, in 
the case of an eligible individual whose death is deter-
mined to have resulted from a covered injury or injuries, 
a death benefit in the amount determined under sub-
section (c) to the survivor or survivors in the same manner 
as death benefits are paid pursuant to PSOB program in 
section 1201 of the OCCSSA 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). 
‘‘(c) BENEFIT AMOUNT.—
‘‘(1) IN
GENERAL.—The amount of the dis-
ability or death benefit under subsection (a) or (b) 
in a fiscal year shall equal the amount of the com-
parable benefit calculated under the PSOB in such 
fiscal year, without regard to any reduction attrib-
utable to a limitation on appropriations, but subject 
to paragraph (2). 
‘‘(2) REDUCTION FOR PAYMENTS FOR LOST EM-
PLOYMENT INCOME.—The amount of the benefit as 
determined under paragraph (1) shall be reduced by 
the total amount of any benefits paid under section 
265 with respect to lost employment income. 
‘‘(d) BENEFIT
IN ADDITION
TO MEDICAL BENE-
FITS.—A benefit under this section shall be in addition 
to any amounts received by an eligible individual under 
section 264. 
‘‘(e) LIMITATIONS.—
‘‘(1) DISABILITY
BENEFITS.—Except as pro-
vided in paragraph (3), no benefit is payable under 
subsection (a) with respect to the disability of an eli-
gible individual if—
‘‘(A) a disability benefit is paid or payable 
with respect to such individual under the 
PSOB; or 
‘‘(B) a death benefit is paid or payable 
with respect to such individual under subsection 
(b) or the PSOB. 
‘‘(2) DEATH BENEFITS.—No benefit is payable 
under subsection (b) with respect to the death of an 
eligible individual if—
‘‘(A) a disability benefit is paid with re-
spect to such individual under subsection (a) or 
the PSOB; or 
‘‘(B) a death benefit is paid or payable 
with respect to such individual under the 
PSOB. 
‘‘(3) EXCEPTION IN THE CASE OF A LIMITA-
TION ON APPROPRIATIONS FOR DISABILITY BENE-
FITS UNDER PSOB.—In the event that disability ben-
efits available to an eligible individual under the 
PSOB program are reduced because of a limitation 
on appropriations, and such reduction would affect 
the amount that would be payable under paragraph 
(1) or (2) without regard to this paragraph, benefits 
shall be available under subsection (a) or (b) to the 
extent necessary to ensure that such individual (or
his survivor or survivors) receives a total amount 
equal to the amount described in subsection (c). 
‘‘(f) REFERENCES.—References in this section—
‘‘(1) to the Public Safety Officers’ Benefits 
Program or PSOB are references to the program 
under part L, subpart 1 of title I of the OCCSSA; 
and 
‘‘(2) to the OCCSSA are to the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 
3796 et seq.). 
‘‘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 Memo-
randum of Agreement with the head of any appropriate 
Federal agency. 
‘‘(b) REGULATIONS.—The head of the agency admin-
istering 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. PARTICIPANT EDUCATION REGARDING SMALL-
POX EMERGENCY RESPONSE PLANS. 
‘‘In reviewing State, local, or Department of Health 
and Human Services smallpox emergency response plans 
described in section 261, the Secretary shall ensure that 
such plans are consistent with guidelines of the Centers 
for Disease Control and Prevention with respect to the 
education of individual participants (including information 
as to the voluntary nature of the program and the avail-
ability of potential benefits under this part), and the ade-
quate screening of individuals for vaccine contraindica-
tions. 
‘‘SEC. 269. AUTHORIZATION OF APPROPRIATIONS. 
‘‘For the purpose of carrying out this part, there are 
authorized to be appropriated such sums as may be nec-
essary 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 appro-
priations under this section. 
‘‘SEC. 270. 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 re-
dress under any other provision of Federal or State law.’’.
SEC. 3. AMENDMENTS TO PROVISION REGARDING TORT LI-
ABILITY FOR ADMINISTRATION OF SMALL-
POX COUNTERMEASURES. 
(a) AMENDMENT TO ACCIDENTAL VACCINIA INOCU-
LATION PROVISION.—Section 224(p)(2)(C)(ii)(II) of such 
Act (42 U.S.C. 233(p)(2)(C)(ii)(II)) is amended by strik-
ing ‘‘resides or has resided with’’ and inserting ‘‘has re-
sided 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 indi-
vidual 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 chap-
ter 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 admin-
istered 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 received a determination 
about remedies available under section 
262. 
‘‘(ii) TOLLING OF STATUTE OF LIMI-
TATIONS.—The time limit for filing a claim 
under this subsection, or for filing an ac-
tion based on such claim, shall be tolled
during the pendency of a determination by 
the Secretary under section 262. 
‘‘(iii) 
CONSTRUCTION.—This 
sub-
section shall not be construed as super-
seding or otherwise affecting the applica-
tion 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 pro-
ceeding under part C of this title. 
‘‘(C) OFFSET.—The value of all compensa-
tion 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, com-
promise, 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 ‘‘DE-
FENDANT’’ 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 cov-
ered countermeasure; and’’. 
(f) AMENDMENT TO DEFINITION OF COVERED PER-
SON.—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 in-
serting ‘‘means a person’’; 
(2) in clause (ii)—
(A) by striking ‘‘auspices’’ and inserting 
‘‘auspices—’’; 
(B) 
by 
redesignating 
‘‘such 
counter-
measure’’ 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 cir-
cumstances, an individual should re-
ceive a covered countermeasure;
‘‘(III) the immediate site of ad-
ministration on the body of a covered 
countermeasure was monitored, man-
aged, or cared for; or 
‘‘(IV) an evaluation was made of 
whether the administration of a coun-
termeasure was effective;’’; 
(3) in clause (iii) by striking ‘‘or’’; 
(4) by striking clause (iv) and inserting the fol-
lowing: 
‘‘(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 super-
vised or administered a program with re-
spect to administration of such counter-
measures; 
‘‘(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 indi-
vidual 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 volun-
teer performs a function for which a per-
son 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 de-
scribed 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 counter-
measure.’’. 
(h) DEFINITION OF ‘‘ARISING OUT OF ADMINISTRA-
TION
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 re-
ceive a covered countermeasure;
‘‘(ii) obtaining informed consent of an 
individual to the administration of a cov-
ered 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.
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