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 counter-
measure as specified in a Declaration made pursu-
ant to section 224(p).
‘‘(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 (as defined in paragraph
(7)) approved by the Secretary;
‘‘(C) who has volunteered and been se-
lected to be a member of a smallpox emergency
response plan described in subparagraph (B)
prior to the time at which the Secretary pub-
licly 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 admin-
istered pursuant to such approved plan during
the effective period of the Declaration (includ-
ing the portion of such period before the enact-
ment of this part).
‘‘(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
covered countermeasure during the effective pe-
riod 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 pe-
riod;
‘‘(ii) smallpox vaccine has not been
administered to the individual; and
‘‘(iii) the individual has been in con-
tact with an individual who is (or who was
accidentally inoculated by) a covered indi-
vidual.
‘‘(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.
‘‘(b) VOLUNTARY PROGRAM.—The Secretary shall
ensure that a State, local, or Department of Health and
Human Services plan to vaccinate individuals that is ap-
proved by the Secretary establishes procedures to ensure,
consistent with the Declaration and any applicable guide-
lines 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 bene-
fits and compensation under this part;
‘‘(2) there is voluntary screening provided to
potential participants that can identify health condi-
tions relevant to contraindications; and
‘‘(3) there is appropriate post-inoculation med-
ical surveillance that includes an evaluation of ad-
verse health effects that may reasonably appear to
be due to such vaccine and prompt referral of, or the
provision of appropriate information to, any indi-
vidual requiring health care as a result of such ad-
verse health event.
‘‘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; 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 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 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 acci-
dental vaccinia inoculation, the individual files with
the Secretary an initial request for benefits or com-
pensation 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 likeli-
hood 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, pur-
chase an annuity or medical insurance policy, or execute
an appropriate structured settlement agreement, provided
that such payment, annuity, policy, or agreement is actu-
arially determined to have a value equal to the present
value of the projected total amount of benefits or com-
pensation 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
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 by
regulation amend the table established under para-
graph (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 re-
quests 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 re-
spect 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 in-
dividual under the table as amended. With respect to
a request for benefits or compensation under this
part by an individual who becomes an eligible indi-
vidual as described in the preceding sentence, the
Secretary may not provide such benefits or com-
pensation unless the request (or amendment to a re-
quest, 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 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, including the services, appliances, and sup-
plies 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 less-
ening the amount of monthly compensation.
‘‘(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.
‘‘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
(based on such income at the time of injury) incurred as
a result of a covered injury, at the rate specified in sub-
section (b).
‘‘(b) AMOUNT OF COMPENSATION.—
‘‘(1) IN GENERAL.—Compensation under sub-
section (a) shall be at the rate of 66 2/3 percent of
the relevant pay period (weekly, monthly, or other-
wise), except as provided in paragraph (2).
‘‘(2) AUGMENTED
COMPENSATION
FOR
DE-
PENDENTS.—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 pay-
ments 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 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.
‘‘(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)—
‘‘(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.
‘‘(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.—
‘‘(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-
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.—
‘‘(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
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).
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.
‘‘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:
‘‘(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 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-
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: