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‘‘(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 pay-
ment under subsection (a) and the cir-
cumstances under which such payments are 
reasonable and necessary. 
‘‘(4) 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.—
‘‘(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 govern-
mental entity, private insurance carrier, or em-
ployer), under any other law or contractual 
agreement, to pay compensation for loss of em-
ployment income or to provide disability or re-
tirement benefits.
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‘‘(B) 
RELATION
TO
OTHER
OBLIGA-
TIONS.—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 Sec-
retary 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 com-
pensation for loss of employment income subsequent 
to the receipt, by the survivor or survivors of an eli-
gible individual, of benefits under section 266 for 
death. 
‘‘(3) LIMIT ON TOTAL BENEFITS.—
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B)—
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‘‘(i) total compensation paid to an in-
dividual under subsection (a) shall not ex-
ceed $50,000 for any year; and 
‘‘(ii) the lifetime total of such com-
pensation for the individual may not ex-
ceed an amount equal to the amount au-
thorized to be paid under section 266. 
‘‘(B) 
PERMANENT
AND
TOTAL
DIS-
ABILITY.—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 dis-
ability 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 employ-
ment income of an eligible individual is 10 or 
more work days.
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‘‘(5) TERMINATION
OF
BENEFITS.—No pay-
ment shall be made under subsection (a) in com-
pensation for loss of employment income once the el-
igible individual involves reaches the age of 65. 
‘‘(d) BENEFIT
IN ADDITION
TO MEDICAL BENE-
FITS.—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 de-
termined 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 pursu-
ant 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 de-
ceased (except that in the case of an eligible indi-
vidual 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.—
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‘‘(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 Offi-
cers’ 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 appro-
priations, 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 Omni-
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bus 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 LIMI-
TATION
ON
APPROPRIATIONS
FOR
DISABILITY 
BENEFITS UNDER PSOB.—In the event that dis-
ability benefits available to an eligible individual 
under the Public Safety Officers’ Benefits Pro-
gram 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 be-
cause of a limitation on appropriations, and 
such reduction would affect the amount that 
would be payable under subparagraph (A) with-
out regard to this subparagraph, benefits shall 
be available under paragraph (1) to the extent 
necessary to ensure that the survivor or sur-
vivors of such individual receives a total amount 
equal to the amount described in paragraph (2). 
‘‘(b) ELECTION IN CASE OF DEPENDENTS.—
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‘‘(1) IN GENERAL.—In the case of an eligible 
individual whose death is determined to have re-
sulted from a covered injury or injuries, if the indi-
vidual 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 re-
ceive 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 indi-
vidual who is not the legal guardian of such depend-
ents. 
‘‘(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 com-
pensation would be paid under subsection (a) of sec-
tion 265, with the rate augmented in accordance 
with subsection (b)(2) of such section and with such 
individual considered to be an eligible individual de-
scribed in subsection (c)(3)(B) of such section. 
‘‘(3) LIMITATIONS.—
‘‘(A) AGE
OF
DEPENDENTS.—No pay-
ments may be made under paragraph (1) once
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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 car-
rier, or employer), under any other law or 
contractual agreement, to pay compensa-
tion for loss of employment income or to 
provide disability benefits, retirement bene-
fits, life insurance benefits on behalf of de-
pendents under the age of 18, or death 
benefits. 
‘‘(ii) RELATION
TO
OTHER
OBLIGA-
TIONS.—Payments under paragraph (1) 
shall not be made to with respect to an eli-
gible individual to the extent that the total 
of amounts paid with respect to the indi-
vidual 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).
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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 Sec-
retary, determine how to apportion such 
payment over multiple years. 
‘‘(c) BENEFIT
IN ADDITION
TO MEDICAL BENE-
FITS.—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 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.
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‘‘SEC. 268. 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. 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 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:
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‘‘(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).’’.
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(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 ben-
efits 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 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 request for bene-
fits or compensation under part C of this 
title. 
‘‘(iii) 
CONSTRUCTION.—This 
sub-
section shall not be construed as super-
HR 1770 RDS 
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:
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‘‘(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
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‘‘(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
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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;
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(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,
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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.
Passed the House of Representatives April 11, 2003. 
Attest: 
JEFF TRANDAHL, 
Clerk.