[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1770 Enrolled Bill (ENR)]
H.R.1770
One Hundred Eighth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, two thousand and three
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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.