I
107TH CONGRESS
1ST SESSION
H. R. 3457
To ensure the prompt research, development, manufacture, and distribution
of new lifesaving drugs, biologics, and medical devices that prevent or
mitigate the consequences of a bioterrorist attack, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
DECEMBER 11, 2001
Mr. SCHROCK (for himself and Mr. BARTLETT of Maryland) introduced the
following bill; which was referred to the Committee on Energy and Com-
merce, and in addition to the Committee on the Judiciary, for a period
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee
concerned
A BILL
To ensure the prompt research, development, manufacture,
and distribution of new lifesaving drugs, biologics, and
medical devices that prevent or mitigate the consequences
of a bioterrorist attack, 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 ‘‘Pathogen Research,
Emergency Preparedness, and Response Efforts Act of
2001’’ or the ‘‘PREPARE Act’’.
manufactured or distributed in sufficient quan-
tities.
‘‘(2) PUBLICATION
AND
AVAILABILITY.—Not
later than 180 days after the date of enactment of
this title, and annually thereafter, the Secretary
shall publish in the Federal Register, or otherwise
make available to manufacturers or potential manu-
facturers of covered products, a list of the biological
agents and toxins identified under paragraph (1) for
which the Secretary desires to encourage the devel-
opment of, or new uses for, covered products or the
manufacture or distribution of such covered prod-
ucts.
‘‘(b) CONSULTATION.—In carrying out this section,
the Secretary shall consult with experts in the pharma-
ceutical, biotechnology, and medical device industries, aca-
demic medical centers, and research institutions, including
those with pediatric expertise.
‘‘(c) LIMITED ANTITRUST EXEMPTION.—
‘‘(1) COUNTERMEASURES DEVELOPMENT MEET-
INGS.—
‘‘(A) 
SCHEDULING
COUNTERMEASURES
DEVELOPMENT MEETINGS.—The antitrust laws
shall not apply to meetings or consultations
conducted by the Secretary with parties in-
volved in the development of countermeasures
for the purpose of the development, manufac-
ture, distribution, and sale of countermeasures
that are prioritized under section 2801(a), con-
sistent with the purposes of this title. The Sec-
retary shall give notice to the Assistant Attor-
ney General of Antitrust of meetings scheduled
pursuant to this subsection.
‘‘(B) MEETING
CONDITIONS.—Any meet-
ing under subparagraph (A)—
‘‘(i) shall be chaired by the Secretary;
‘‘(ii) shall be open to parties involved
in the development of countermeasures, as
determined by the Secretary;
‘‘(iii) shall be open to the Attorney
General and the Federal Trade Commis-
sion;
‘‘(iv) shall be limited to discussions in-
volving the development, manufacture, dis-
tribution, or sale of countermeasures that
are prioritized under section 2801(a); and
‘‘(v) shall be conducted in such man-
ner as to ensure that national security,
confidential, and proprietary information is
not disclosed outside the meeting.
‘‘(C) MINUTES.—The Secretary shall en-
sure that minutes of the meeting are main-
tained.
‘‘(2) APPLYING FOR LIMITED EXEMPTION.—
‘‘(A) FILING PROCEDURES.—As a result of
meetings under paragraph (1), the Secretary
and participating parties may file a written re-
quest with the Attorney General for a limited
exemption from the antitrust laws to allow ap-
propriate parties to enter into agreements or
engage in conduct relating to the development,
manufacture, distribution, or sale of counter-
measures prioritized under section 2801(a).
Any such request shall set forth the intended
purpose of the agreement, including an expla-
nation as to why a cooperative effort among po-
tential competitors is necessary to achieve the
objective of the agreement. The request shall
state with specificity the substance of the agree-
ment, the methods that will be utilized to
achieve the objectives of the agreement, and
any other relevant information relating to the
development and production of countermeasures
that are prioritized under section 2801(a).
‘‘(B) GRANT
OF
EXEMPTION.—Not later
than 60 days after receipt of a request filed
pursuant to subparagraph (A), the Attorney
General, in consultation with the Chairman of
the Federal Trade Commission shall make a de-
termination to grant, deny, grant in part and
deny in part, or propose modifications to any
request made pursuant to subparagraph (A) for
exemption from the antitrust laws. In making
the determination, the Attorney General shall
consider factors including the following:
‘‘(i) Whether such agreement would
promote the purposes of this title.
‘‘(ii) Whether the exemption from the
antitrust laws would promote the public in-
terest.
‘‘(iii) The competitive impact to areas
not directly related to the development and
production of countermeasures prioritized
under section 2801(a).
‘‘(C) SUNSET.—The authority of the At-
torney General to grant a limited antitrust ex-
emption under this section expires at the end of
the 2-year period beginning on the date of en-
actment of the Pathogen Research, Emergency
Preparedness, and Response Efforts Act of
2001.
‘‘SEC. 2802. CONTRACTS FOR DEVELOPMENT OF COVERED
PRODUCTS.
‘‘(a) AUTHORITY.—The Secretary may enter into
contracts and cooperative research and development agree-
ments pursuant to section 11(a) of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710(a)),
material transfer agreements, or other agreements, or
agree to the amendment or modification of existing or fu-
ture contracts or agreements, for the development, manu-
facture or distribution of covered products for uses or new
uses identified by the Secretary pursuant to section
2801(a). A contract or agreement entered into, or amend-
ed or modified, under this subsection may address 1 or
more aspects of the development, manufacture, or dis-
tribution of 1 or more uses of 1 or more covered products.
Such contracts or agreements may set forth guaranteed
minimum quantities of products and negotiated unit
prices.
‘‘(b) TIMING OF CONTRACT.—Notwithstanding any
other provision of law, the Secretary may enter into a con-
tract or agreement under subsection (a) even before the
development, approval, or clearance of the covered product
that is the subject of the contract or agreement. Such con-
tract or agreement may provide for the termination of the
contract or agreement for the convenience of the Govern-
ment if the contractor fails to develop the covered product
involved.
‘‘(c) PAYMENTS.—Payments under a contract or
agreement under subsection (a) may be made from—
‘‘(1) funds obligated for the performance of the
contract or agreement involved;
‘‘(2) funds available for the development, manu-
facture, distribution, or purchase of covered prod-
ucts for uses referred to in section 2801(a); or
‘‘(3) any other funds available to the Secretary.
‘‘(d) CONTRACTS.—In administering the provisions of
this section, the Secretary may enter into contracts in ad-
vance of appropriations and incur obligations without re-
gard to provisions of law relating to contracts, including
sections 1341, 1342, 1349, 1350, and 1351, and sub-
chapter II of chapter 15, of title 31, United States Code.
‘‘SEC. 2803. INDEMNIFICATION.
‘‘The Secretary shall, in any contract or agreement
for the manufacture, development, distribution, or the
purchase of a covered product intended for a use identified
by the Secretary pursuant to section 2801(a), indemnify
and hold harmless the contractor consistent with the fol-
lowing principles:
‘‘(1) USES COVERED.—Indemnification only ex-
tends to uses of the covered product pursuant to a
contract entered into by the Secretary under section
2802.
‘‘(2) ENTITIES COVERED.—The Secretary may
indemnify contractors, subcontractors, distributors,
persons who administer covered products, or other
parties as determined appropriate by the Secretary
pursuant to contracts entered into under section
2802.
‘‘(3) LIMITS.—No indemnification shall be pro-
vided for intentional torts by the contractor or torts
by the contractor involving gross negligence or reck-
lessness.
‘‘SEC. 2804. HIGH QUALITY PRODUCTION.
‘‘The Secretary may, with the agreement of the man-
ufacturer of a drug, biological product, or medical device
that is approved, licensed, or cleared (or awaiting ap-
proval, licensure, or clearance) under section 505, 510,
513, or 515 of the Federal Food, Drug, and Cosmetic Act,
or section 351 of this Act, and is a covered product, pro-
vide intensive assistance, including on-site assistance,
when necessary, in order to facilitate prompt compliance
with good manufacturing practice regulations under sec-
tions 210, 211, 225, 226, 600, 601, 606, or 820 of title
21, Code of Federal Regulations, in the manufacturing,
processing, packing, or holding of the drug, biological
product, or medical device.
‘‘SEC. 2805. SECURITY FOR RESEARCH AND PRODUCTION.
‘‘(a) IN GENERAL.—The Secretary, in consultation
with the Attorney General and the Secretary of Defense,
may award grants and contracts, enter into cooperative
agreements, and provide technical or nonmonetary assist-
ance, to provide security to facilities that conduct research
and development, production, distribution, and storage of
covered products.
‘‘(b) BEST PRACTICES.—The Secretary shall develop
guidelines and best practices to enable entities eligible for
funding under this section to secure their facilities against
potential bioterrorist attack.
‘‘SEC. 2806. MOBILITY OF STOCKPILE.
‘‘(a) SPECIAL EVENTS.—In managing the National
Pharmaceutical Stockpile, the Secretary, in consultation
with State and local government officials, shall take into
consideration the timing and location of special events, in-
cluding designated national security events.
‘‘(b) LOCATION OF CERTAIN STOCKS.—In carrying
out subsection (a), the Secretary shall ensure that medical
supplies from the National Pharmaceutical Stockpile are
located in appropriate proximity to the site of the special
event.
‘‘SEC. 2807. DEFINITIONS.
‘‘In this title:
‘‘(1) ANTITRUST
LAWS.—The term ‘antitrust
laws’—
‘‘(A) has the meaning given such term in
subsection (a) of section 1 of the Clayton Act
(15 U.S.C. 12(a)), except that such term in-
cludes section 5 of the Federal Trade Commis-
sion Act (15 U.S.C. 45) to the extent such sec-
tion 5 applies to unfair methods of competition;
and
‘‘(B) includes any State law similar to the
laws referred to in subparagraph (A).
‘‘(2) BIOLOGICAL
AGENTS
OR
TOXINS.—The
terms ‘biological agent’ and ‘toxin’ have the mean-
ings given such terms in section 178 of title 18,
United States Code.
‘‘(3) COVERED PRODUCTS.—The term ‘covered
products’ includes drugs, biological products includ-
ing vaccines, and medical devices including in vitro
diagnostics, that may be developed or produced to
identify, prevent, or treat disease or harm in hu-
mans, including children and other vulnerable popu-
lations, resulting from an attack or threatened at-
tack using biological agents or toxins.
‘‘(4) DEVELOPMENT.—The term ‘development’
includes the identification of suitable compounds or
biological materials, the conduct of preclinical and
clinical studies, the preparation of an application for
marketing approval or clearance, the conduct of
postmarket or postapproval studies, and any other
actions related to preparation of a covered prod-
uct.’’.
SEC. 3. EXPEDITING FDA REVIEW AND APPROVAL.
(a) AMENDMENT.—Section 506 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 356) is amended by
adding at the end the following:
‘‘(e) BIOLOGICAL AGENTS OR TOXINS.—
‘‘(1) IN
GENERAL.—The Secretary may des-
ignate an unapproved covered product identified pur-
suant to section 2801(a) of the Public Health Serv-
ice Act as a fast-track product pursuant to this sec-
tion. Such a designation may be made before the
submission of—
‘‘(A) a request for designation by the spon-
sor; or
‘‘(B) an application for the investigation of
the drug under section 505(i) or section
351(a)(3) of the Public Health Service Act.
‘‘(2) USE OF ANIMAL TRIALS.—An application
for a drug for which approval is sought on the basis
of evidence of effectiveness that is derived from ani-
mal studies under the last sentence of section 505(d)
or section 351(a)(1) of the Public Health Service
Act may be designated as a fast-track product for
purposes of this section.’’.
(b) REVIEW.—The Secretary shall grant priority re-
view to a submission for a covered product, unless the
sponsor has filed an application for review of the product
under section 506 of the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 356).
SEC. 4. USE OF ANIMAL TRIALS IN THE APPROVAL OF COV-
ERED PRODUCTS.
(a) NEW DRUGS.—Section 505(d) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 355(d)) is
amended by adding at the end the following: ‘‘In the case
of drugs for use against a potentially lethal or perma-
nently disabling toxic biological agent or toxin, when ade-
quate and well-controlled studies in humans cannot ethi-
cally be conducted because the studies would involve ad-
ministering such an agent or toxin to healthy human vol-
unteers without a proven treatment, and when adequate
field trials assessing the use of the drug (in situations such
as after accidental or hostile exposure to the substance)
have not been feasible, the Secretary may grant approval,
including approval for pediatric populations, based on evi-
dence derived from appropriate studies in animals or other
information. The Secretary may use authority under sec-
tion 506 or other relevant provisions to order post-
marketing approval studies. Drugs approved solely under
the authority of the preceding two sentences shall be for
purposes of identifying, treating, or preventing infection,
disease, injury, or other health condition or consequence
resulting from a disabling toxic chemical, biological, radio-
logical, or nuclear attack or potential attack, or other sig-
nificant disease emergency as the Secretary may deter-
mine appropriate.’’.
(b) NEW BIOLOGICAL PRODUCTS.—Section 351 of
the Public Health Service Act (42 U.S.C. 262) is amended
by adding at the end the following:
‘‘(k) APPROVAL OF CERTAIN PRODUCTS BASED ON
ANIMAL TRIALS.—
‘‘(1) IN GENERAL.—In the case of biological
products for use against a potentially lethal or per-
manently disabling toxic chemical, biological, radio-
logical, nuclear, or other agent or toxins, when ade-
quate and well-controlled studies in humans cannot
ethically be conducted because the studies would in-
volve administering such an agent or toxin to human
volunteers without a proven treatment, and when
adequate field trials assessing the use of the biologi-
cal product (in situations such as after accidental or
hostile exposure to the substance) have not been fea-
sible, the Secretary may grant approval, including
approval for pediatric populations, based on evidence
derived from appropriate studies in animals or other
information.
‘‘(2) POSTMARKETING
APPROVAL
STUDIES.—
With respect to products described in paragraph (1),
the Secretary may use authority under section 506
of the Federal Food, Drug, and Cosmetic Act to
order postmarketing approval studies.
‘‘(3) LIMITATIONS.—Biological products ap-
proved solely under the authority of this subsection
shall be for purposes of identifying, treating, or pre-
venting infection, disease, injury, or other health
condition or consequence resulting from a potentially
disabling toxic chemical, biological, radiological, or
nuclear attack or potential attack, or other signifi-
cant disease emergency as the Secretary may deter-
mine appropriate.’’.
(c) FINAL RULE.—Not later than 60 days after the
date of enactment of the Pathogen Research, Emergency
Preparedness, and Response Efforts Act of 2001, the Sec-
retary shall finalize the proposed rule published on Octo-
ber 5, 1999, regarding the use of animal trials in the ap-
proval of products.
SEC. 5. BIOLOGICAL AGENTS AND TOXINS.
(a) IN GENERAL.—Chapter V of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amend-
ed by adding at the end the following:
SUBCHAPTER E—BIOLOGICAL AGENTS AND TOXINS
‘‘SEC. 570. AUTHORITY TO RESTRICT TRANSPORTATION
AND USE.
‘‘(a) IN GENERAL.—The Secretary shall undertake a
program that, through inspections and other containment
procedures, will prohibit the unauthorized shipment or
transportation in interstate or foreign commerce, the pos-
session or other use in or affecting commerce, or assist-
ance to another person in such transportation, shipment,
or other use by any person of biological agents or toxins,
or the receipt of biological agents or toxins so shipped or
transported.
‘‘(b) DEFINITIONS.—In this section:
‘‘(1) BIOLOGICAL AGENTS AND TOXINS.—The
terms ‘biological agent’ and ‘toxin’ have the mean-
ings given such terms in section 2807 of the Public
Health Service Act and refer to a biological agent or
toxin listed as a ‘select agent’ in section 72.6(j) of
title 42, Code of Federal Regulations, which is not
exempt under section 72.6(h) or appendix A of such
title and which does not include any such biological
agent or toxin that is in its naturally occurring envi-
ronment and that has not been cultivated, collected,
or otherwise extracted from its natural source.
‘‘(2) PERSON.—The term ‘person’ includes an
alien (other than an alien admitted for permanent
residence) who is a national of a country as to which
the Secretary of State has made a determination
(that is in effect) that such country has repeatedly
provided support for acts of international ter-
rorism.’’.
(b) ENFORCEMENT.—Section 301 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amend-
ed by adding at the end the following:
‘‘(bb) The shipment, transportation, possession, or
other use, assistance with respect to, or receipt of a bio-
logical agent or toxin in violation of section 570.’’.
SEC. 6. REGULATION OF BIOLOGICAL AGENTS AND TOXINS
POSING 
POTENTIAL 
NATIONAL 
SECURITY
THREAT.
(a) REDESIGNATION AND CLARIFICATION OF BIO-
LOGICAL
AGENTS; 
REGULATORY
PROVISIONS
OF
ANTITERRORISM AND EFFECTIVE DEATH PENALTY ACT
OF 1996.—
(1) IN GENERAL.—Part F of title III of the
Public Health Service Act (42 U.S.C. 262 et seq.)
is amended by inserting after section 351, the fol-
lowing:
‘‘SEC. 351A. ENHANCED CONTROL OF BIOLOGICAL AGENTS
AND TOXINS.
‘‘(a) 
REGULATORY
CONTROL
OF
BIOLOGICAL
AGENTS AND TOXINS.—
‘‘(1) LIST OF BIOLOGICAL AGENTS AND TOX-
INS.—The Secretary shall, through regulations pro-
mulgated under subsection (c), establish and main-
tain a list of each biological agent and each toxin
that has the potential to pose a severe threat to pub-
lic health and safety.
‘‘(2) CRITERIA.—In determining whether to in-
clude an agent or toxin on the list under subsection
(a), the Secretary shall—
‘‘(A) consider—
‘‘(i) the effect on human health of ex-
posure to the agent or toxin;
‘‘(ii) the degree of contagiousness of
the agent or toxin and the methods by
which the agent or toxin is transferred to
humans;
‘‘(iii) the availability and effectiveness
of pharmacotherapies and immunizations
to treat or prevent any illness resulting
from infection by the agent or toxin; and
‘‘(iv) any other criteria that the Sec-
retary considers appropriate; and
‘‘(B) consult with scientific experts rep-
resenting appropriate professional groups.
‘‘(b) REGULATION OF TRANSFERS OF LISTED BIO-
LOGICAL AGENTS
AND TOXINS.—The Secretary shall,
through regulations promulgated under subsection (c),
provide for—
‘‘(1) the establishment and enforcement of safe-
ty procedures for the transfer of biological agents
and toxins listed pursuant to subsection (a)(1), in-
cluding measures to ensure—
‘‘(A) proper training and appropriate skills
to handle such agents and toxins; and
‘‘(B) proper laboratory facilities to contain
and dispose of such agents and toxins;
‘‘(2) the establishment of safeguards to prevent
access to such agents and toxins for use in domestic
or international terrorism or for any other criminal
purpose;
‘‘(3) the establishment of procedures to protect
the public in the event of a transfer or potential
transfer of a biological agent or toxin in violation of
the safety procedures established under paragraph
(1) or the safeguards established under paragraph
(2); and
‘‘(4) appropriate availability of biological agents
and toxins for research, education, and other legiti-
mate purposes.
‘‘(c) REGULATIONS.—The Secretary shall promulgate
regulations to carry out this section.
‘‘(d) DEFINITIONS.—For purposes of this section and
section 351B, the terms ‘biological agent’ and ‘toxin’ have
the meanings given such term in section 2807.’’.
(2) CONFORMING
AMENDMENT.—Subsections
(d), (e), (f), and (g) of section 511 of the
Antiterrorism and Effective Death Penalty Act of
1996 (42 U.S.C. 262 note) are repealed.
(3) EFFECTIVE DATE.—The amendments made
by this subsection shall take effect as if incorporated
in the Antiterrorism and Effective Death Penalty
Act of 1996.
(b) REGULATION OF BIOLOGICAL AGENTS AND TOX-
INS POSING POTENTIAL NATIONAL SECURITY THREAT.—
(1) IN GENERAL.—Part F of title III of the
Public Health Service Act (42 U.S.C. 262 et seq.),
as amended by subsection (a)(1), is further amended
by inserting after section 351A the following:
‘‘SEC. 351B. REGULATION OF BIOLOGICAL AGENTS AND
TOXINS POSING POTENTIAL NATIONAL SECU-
RITY THREAT.
‘‘(a) IN GENERAL.—
‘‘(1) LIST OF BIOLOGICAL AGENTS AND TOXINS
POSING
NATIONAL
SECURITY
THREAT.—The Sec-
retary shall, through regulations promulgated under
subsection (d), establish and maintain a list of those
biological agents and toxins listed pursuant to sec-
tion 351A(a)(1) that the Secretary determines to be
a potential national security threat.
‘‘(2) CRITERIA.—In determining whether to in-
clude an agent or toxin on the list under subsection
(a), the Secretary shall—
‘‘(A) consider the criteria specified in sec-
tion 351A(a)(2)(A), and any other criteria that
the Secretary considers appropriate; and
‘‘(B) consult with scientific, intelligence,
and military experts representing appropriate
professional groups.
‘‘(b) REGULATION OF TRANSFERS OF LISTED BIO-
LOGICAL AGENTS
AND TOXINS.—The Secretary shall,
through regulations promulgated under subsection (d),
provide for the establishment and enforcement of stand-
ards and procedures governing the possession, use, and
transfer of biological agents and toxins listed pursuant to
subsection (a)(1) that are designed to protect public safety
and national security, including safeguards to prevent ac-
cess to such agents and toxins for use in domestic or inter-
national terrorism or for any other criminal purpose.
‘‘(c) CIVIL MONEY PENALTIES.—A violation of a re-
quirement imposed by a regulation promulgated under this
section shall be subject, in addition to any other applicable
civil or criminal sanctions, to a civil money penalty in an
amount not to exceed $250,000.
‘‘(d) REGULATIONS.—The Secretary shall promul-
gate regulations to carry out this section.
‘‘(e) FREEDOM
OF
INFORMATION
ACT
EXEMP-
TION.—Any information provided to the Secretary pursu-
ant to regulations issued under subsection (d) or under
section 351A(c) shall not be disclosed under section 552
of title 5, United States Code.’’.
(2) EFFECTIVE DATE.—The amendment made
by this subsection shall take effect as if incorporated
in the Antiterrorism and Effective Death Penalty
Act of 1996.
SEC. 7. ADMINISTRATION.
In administering the provisions of this Act, the Sec-
retary of Health and Human Services shall—
(1) continue to recognize and honor rights re-
lating to patents, data, and copyrights; and
(2) comply with all applicable provisions of the
regulations relating to Federal acquisition, the Fed-
eral Trade Secrets Act, and all other laws protecting
confidential commercial information, trade secrets,
and intellectual property rights, and patent and non-
patent market exclusivity rights.
SEC. 8. COORDINATION OF EFFORTS TO PROTECT AGAINST
BIOTERRORISM.
The Secretary of Health and Human Services and the
Secretary of Defense shall coordinate in the planning, de-
sign, and construction of a Department of Defense Gov-
ernment-owned, contractor-operated vaccine production
facility on a military installation, as appropriate.
SEC. 9. ENHANCEMENT OF PENALTIES FOR ANIMAL ENTER-
PRISE TERRORISM.
Section 43 of title 18, United States Code, is
amended—
(1) in subsection (a), by striking ‘‘one year’’
and inserting ‘‘5 years’’;
(2) in subsection (b)—
(A) by redesignating paragraph (2) as
paragraph (3);
(B) by inserting after paragraph (1) the
following:
‘‘(2) EXPLOSIVES OR ARSON.—Whoever in the
course of a violation of subsection (a) maliciously
damages or destroys, or attempts to damage or de-
stroy, by means of fire or an explosive, any building,
vehicle, or other real or personal property used by
the animal enterprise shall be imprisoned for not
less than 5 years and not more than 20 years, fined
under this title, or both.’’; and
(C) in paragraph (3), as so redesignated,
by striking ‘‘under this title and’’ and all that
follows through the period and inserting ‘‘under
this title and imprisoned for life or for any term
of years.’’; and
(3) in subsection (c)—
(A) by striking ‘‘and’’ at the end of para-
graph (1);
(B) by striking the period at the end of
paragraph (2) and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(3) for any other economic damage resulting
from the violation of this section.’’.
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