Page:United States Statutes at Large Volume 117.djvu/666

 PUBLIC LAW 108–20—APR. 30, 2003

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; 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);

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