‘‘(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,