Pub.L. 108-021 To prevent child abduction and the sexual exploitation of children, and for other purposes. <> ...

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                to pay compensation for loss of employment income or to 
                provide disability or retirement benefits.
                    ``(B) Relation to other obligations.--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

[[Page 117 STAT. 643]]

                received in a single year. The Secretary 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 compensation for loss of employment 
        income subsequent to the receipt, by the survivor or survivors 
        of an eligible 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 individual 
                      under subsection (a) shall not exceed $50,000 for 
                      any year; and
                          ``(ii) the lifetime total of such compensation 
                      for the individual may not exceed an amount equal 
                      to the amount authorized to be paid under section 
                      266.
                    ``(B) Permanent and total disability.--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 disability 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 employment income of an eligible 
                individual is 10 or more work days.
            ``(5) Termination of benefits.--No payment shall be made 
        under subsection (a) in compensation for loss of employment 
        income once the eligible individual involves reaches the age of 
        65.

    ``(d) Benefit in Addition to Medical Benefits.--A benefit under 
subsection (a) shall be in addition to any amounts received by an 
eligible individual under section 264.

``SEC. 266. <<NOTE: 42 USC 239e.>> PAYMENT FOR DEATH.

    ``(a) Death Benefit.--
            ``(1) In general.--The Secretary shall pay, in the case of 
        an eligible individual whose death is determined 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 pursuant 
        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 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).
            ``(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 Officers' Benefits Program under subpart 1 
                of part

[[Page 117 STAT. 644]]

                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 appropriations, 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 Omnibus 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 limitation on 
                appropriations for disability benefits under psob.--In 
                the event that disability benefits available to an 
                eligible 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.) are reduced because of a 
                limitation on appropriations, and such reduction would 
                affect the amount that would be payable under 
                subparagraph (A) without regard to this subparagraph, 
                benefits shall be available under paragraph (1) to the 
                extent necessary to ensure that the survivor or 
                survivors 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 resulted from a covered injury 
        or injuries, if the individual 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 receive 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 individual who is not the legal guardian of such 
        dependents.
            ``(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 compensation would be paid under subsection (a) of 
        section 265, with the rate augmented in accordance with 
        subsection (b)(2) of such section and with such individual 
        considered to be an eligible individual described in subsection 
        (c)(3)(B) of such section.
            ``(3) Limitations.--

[[Page 117 STAT. 645]]

                    ``(A) Age of dependents.--No payments 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 carrier, or employer), under any other 
                      law or contractual agreement, to pay compensation 
                      for loss of employment income or to provide 
                      disability benefits, retirement benefits, life 
                      insurance benefits on behalf of dependents under 
                      the age of 18, or death benefits.
                          ``(ii) Relation to other obligations.--
                      Payments under paragraph (1) shall not be made to 
                      with respect to an eligible individual to the 
                      extent that the total of amounts paid with respect 
                      to the individual 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 Secretary, 
                      determine how to apportion such payment over 
                      multiple years.

    ``(c) Benefit in Addition to Medical Benefits.--A benefit under 
subsection (a) or (b) shall be in addition to any amounts received by an 
eligible individual under section 264.

``SEC. 267. <<NOTE: 42 USC 239f.>> ADMINISTRATION.

    ``(a) Administration by Agreement With Other Agency or Agencies.--
The Secretary may administer any or all of the provisions of this part 
through Memorandum of Agreement with the head of any appropriate Federal 
agency.
    ``(b) Regulations.--The head of the agency administering 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. <<NOTE: 42 USC 239g.>> AUTHORIZATION OF APPROPRIATIONS.

    ``For the purpose of carrying out this part, there are authorized to 
be appropriated such sums as may be necessary 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 appropriations under this section.

``SEC. 269. <<NOTE: 42 USC 239h.>> 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 redress under any other provision of 
Federal or State law.''.

[[Page 117 STAT. 646]]

SEC. 3. AMENDMENTS TO PROVISION REGARDING TORT LIABILITY FOR 
            ADMINISTRATION OF SMALLPOX COUNTERMEASURES.

    (a) Amendment to Accidental Vaccinia Inoculation Provision.--Section 
224(p)(2)(C)(ii)(II) of such Act (42 U.S.C. 233(p)(2)(C)(ii)(II)) is 
amended by striking ``resides or has resided with'' and inserting ``has 
resided 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 individual 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 chapter 
                                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 
                                administered 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 benefits 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 limitations.--The 
                      time limit for filing a claim under this 
                      subsection, or for filing an action based on such 
                      claim, shall be tolled during the pendency of a 
                      request for benefits or compensation under part C 
                      of this title.
                          ``(iii) Construction.--This subsection shall 
                      not be construed as superseding or otherwise 
                      affecting the application 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 proceeding under 
                part C of this title.
                    ``(C) Offset.--The value of all compensation and 
                benefits provided under part C of this title for an 
                incident

[[Page 117 STAT. 647]]

                or series of incidents shall be offset against the 
                amount of an award, compromise, 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 
``Defendant'' 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 covered 
                                countermeasure; and''.

    (f) Amendment to Definition of Covered Person.--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 inserting 
        ``means a person'';
            (2) in clause (ii)--
                    (A) by striking ``auspices'' and inserting 
                ``auspices--'';
                    (B) by redesignating ``such countermeasure'' and all 
                that follows as clause (I) and indenting accordingly; 

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