[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1770 Received in Senate (RDS)]
1st Session
H. R. 1770
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 11, 2003
Received
_______________________________________________________________________
AN ACT
To provide benefits and other compensation for certain individuals with
injuries resulting from administration of smallpox countermeasures, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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 countermeasure as specified in
a Declaration made pursuant to section 224(p).
``(2) Covered individual.--The term `covered individual'
means an individual--
``(A) who is a health care worker, law enforcement
officer, firefighter, security personnel, 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 emergency response plan (as
defined in paragraph (7)) approved by the Secretary;
``(C) who has volunteered and been selected to be a
member of a smallpox emergency response plan described
in subparagraph (B) prior to the time at which the
Secretary publicly 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 administered
pursuant to such approved plan during the effective
period of the Declaration (including the portion of
such period before the enactment of this part).
``(3) Covered injury.--The term `covered injury' means an
injury, disability, illness, condition, or death (other than a
minor injury such as minor scarring or minor local reaction)
determined, pursuant 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 period 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 period;
``(ii) smallpox vaccine has not been
administered to the individual; and
``(iii) the individual has been in contact
with an individual who is (or who was
accidentally inoculated by) a covered
individual.
``(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 declaration.--The term
`effective period of the Declaration' means the effective
period specified in the Declaration, unless extended by the
Secretary.
``(6) Eligible individual.--The term `eligible individual'
means an individual who is (as determined in accordance with
section 262)--
``(A) a covered individual who sustains a covered
injury in the manner described in paragraph (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 actions to be taken in preparation for a possible
smallpox-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 approved by the Secretary establishes procedures to
ensure, consistent with the Declaration and any applicable guidelines
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 benefits and compensation under this
part;
``(2) there is voluntary screening provided to potential
participants that can identify health conditions relevant to
contraindications; and
``(3) there is appropriate post-inoculation medical
surveillance that includes an evaluation of adverse health
effects that may reasonably appear to be due to such vaccine
and prompt referral of, or the provision of appropriate
information to, any individual requiring health care as a
result of such adverse health event.
``SEC. 262. DETERMINATION OF ELIGIBILITY AND BENEFITS.
``(a) In General.--The Secretary shall establish procedures for
determining, as applicable with respect to an individual--
``(1) whether the individual is an eligible individual;
``(2) whether an eligible individual has sustained a
covered injury or injuries for which medical benefits or
compensation may be available under sections 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 government 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 determinations other
than those described in paragraph (1) as to the causation or
severity of an injury, 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 Secretary 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 administration
of the vaccine to the individual, the individual 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 accidental vaccinia
inoculation, the individual files with the Secretary an initial
request for benefits or compensation 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 likelihood 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, purchase an annuity or medical
insurance policy, or execute an appropriate structured settlement
agreement, provided that such payment, annuity, policy, or agreement is
actuarially determined to have a value equal to the present value of
the projected total amount of benefits or compensation 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 review.--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
Secretary under this section. No officer or employee of the
United States shall review any action by the Secretary under
this section (unless the President specifically directs
otherwise).
``SEC. 263. SMALLPOX VACCINE INJURY TABLE.
``(a) Smallpox Vaccine Injury Table.--
``(1) Establishment required.--The Secretary 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 paragraph (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 requests 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 respect 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 individual under the
table as amended. With respect to a request for benefits or
compensation under this part by an individual who becomes an
eligible individual as described in the preceding sentence, the
Secretary may not provide such benefits or compensation unless
the request (or amendment to a request, 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 provisions of this
section, the Secretary shall make payment or reimbursement for medical
items and services as reasonable and necessary to treat a covered
injury of an eligible individual, including the services, appliances,
and supplies 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 lessening the amount of monthly
compensation.
``(b) Benefits Secondary to Other Coverage.--Payment or
reimbursement for services or benefits under subsection (a) shall be
secondary to any obligation 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 INCOME.
``(a) In General.--Subject to the succeeding provisions of this
section, the Secretary shall provide compensation 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 subsection (b).
``(b) Amount of Compensation.--
``(1) In general.--Compensation under subsection (a) shall
be at the rate of 66 2/3 percent of the relevant pay period
(weekly, monthly, or otherwise), except as provided in
paragraph (2).
``(2) Augmented compensation for dependents.--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
payments 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 payment under subsection (a)
and the circumstances under which such payments are
reasonable and necessary.
``(4) Treatment of self-employment income.--For purposes of
this section, the term `employment income' includes income from
self-employment.
``(c) Limitations.--
``(1) Benefits secondary to other coverage.--
``(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 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 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 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. 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 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.--
``(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. 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. 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. 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.''.
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 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);
``(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)''.
(j) Effective Date.--This section shall take effect as of November
25, 2002.
Passed the House of Representatives April 11, 2003.
Attest:
JEFF TRANDAHL,
Clerk.