117 STAT. 646
PUBLIC LAW 108–20—APR. 30, 2003
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
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