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

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                and
                    (C) by adding at the end the following:
                                    ``(II) a determination was made as 
                                to whether, or under what circumstances, 
                                an individual should receive a covered 
                                countermeasure;
                                    ``(III) the immediate site of 
                                administration on the body of a covered 
                                countermeasure was monitored, managed, 
                                or cared for; or
                                    ``(IV) an evaluation was made of 
                                whether the administration of a 
                                countermeasure was effective;'';
            (3) in clause (iii) by striking ``or'';
            (4) by striking clause (iv) and inserting the following:
                          ``(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 supervised or administered a program 
                      with respect to administration of such 
                      countermeasures;
                          ``(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 
                                individual 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);

[[Page 117 STAT. 648]]

                          ``(vii) a contractor of, or a volunteer 
                      working for, a person described in clause (i), 
                      (ii), or (iv), if the contractor or volunteer 
                      performs a function for which a person 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 described 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 countermeasure.''.

    (h) Definition of ``Arising Out of Administration 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 receive a covered 
                      countermeasure;
                          ``(ii) obtaining informed consent of an 
                      individual to the administration of a covered 
                      countermeasure;
                          ``(iii) monitoring, management, or care of an 
                      immediate site of administration on the body of a 
                      covered countermeasure, 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)''.

[[Page 117 STAT. 649]]

    (j) Effective Date.--This <<NOTE: 42 USC 233 note.>> section shall 
take effect as of November 25, 2002.

    Approved April 30, 2003.

LEGISLATIVE HISTORY--H.R. 1770:
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CONGRESSIONAL RECORD, Vol. 149 (2003):
            Apr. 11, considered and passed House and Senate.

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