[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3810 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 3810
To amend the Countermeasure Injury Compensation Program with respect to
COVID-19 vaccines.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 10 (legislative day, March 7), 2022
Mr. Lee (for himself, Mr. Braun, Mr. Johnson, and Mrs. Hyde-Smith)
introduced the following bill; which was read twice and referred to the
Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Countermeasure Injury Compensation Program with respect to
COVID-19 vaccines.
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 ``Countermeasure Injury Compensation
Fund Amendment Act''.
SEC. 2. AMENDMENT TO THE COUNTERMEASURE INJURY COMPENSATION PROGRAM.
Section 319F-4 of the Public Health Service Act (42 U.S.C. 247d-6e)
is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``under 319F-
3(b)'' and inserting ``under section 319F-3(b)'';
(B) in paragraph (2)--
(i) by striking ``and be in the same
amount'' and all that follows through ``shall
not apply'' and inserting ``be in the same
amount, and be subject to the same conditions
as is prescribed by section 2115'';
(C) by striking paragraphs (3) and (4) and
inserting the following:
``(3) Determination of eligibility and compensation.--
Compensation shall be awarded under this section to eligible
individuals in accordance with the procedure set forth in
sections 2111, 2112, 2113, and 2121 for purposes of the
National Vaccine Injury Compensation Program, subject to the
other provisions of this section.'';
(D) by inserting before paragraph (5) the
following:
``(4) Time for filing petitions.--
``(A) Previously submitted requests.--
``(i) Pending claims.--In the case of a
request for compensation submitted under this
section before the date of enactment of the
Countermeasure Injury Compensation Fund
Amendment Act for which no compensation has
been provided prior to such date of enactment,
in order to be eligible for compensation under
this section, not later than 28 months after
such date of enactment, the individual shall
submit a new petition under this section,
consistent with the amendments made by the
Countermeasure Injury Compensation Fund
Amendment Act.
``(ii) Previously paid claims.--In the case
of a request for compensation submitted under
this section and paid under this section before
the date of enactment of the Countermeasure
Injury Compensation Fund Amendment Act that
relates to a COVID-19 countermeasure, the
individual receiving such compensation may
submit a subsequent petition under this section
for additional compensation in the amount the
individual would have received for such claim
under this section after such date of
enactment, less the amount already received by
the individual.
``(B) Subsequent petitions.--In the case of a an
injury or death resulting from the administration or
use of a covered countermeasure to which subparagraph
(A) does not apply, a petition for benefits or
compensation under this section shall be filed not
later than--
``(i) subject to clause (ii)--
``(I) in the case of serious
physical injury, 3 years after the
first symptom or manifestation of onset
of a significant aggravation of a
covered injury; or
``(II) in the case of death--
``(aa) 2 years after death
from the administration or use
of the covered countermeasure;
and
``(bb) 4 years after the
occurrence of the first symptom
or manifestation of onset or of
the significant aggravation of
the injury from which the death
resulted; and
``(ii) in the case that a covered
countermeasure is added to the table under
paragraph (5)(A) and the effect is to permit an
individual who was not, before such addition,
eligible to seek compensation under this
section, such individual may file a petition
for such compensation not later than 2 years
after the effective date of the addition of
such countermeasure.'';
(E) in paragraph (5), by striking subparagraphs (B)
and (C) and inserting the following:
``(B) Amendment with respect to covid-19
vaccines.--
``(i) In general.--Not later than 60 days
after receipt of the report under subparagraph
(C)(iii), the Secretary, taking into
consideration such report, shall amend the
covered countermeasure injury table established
under subparagraph (A) to include all injuries
related to COVID-19 vaccines that meet the
standard described in subparagraph (A). In
amending such table, the Secretary shall
consider injuries caused by use of any vaccine
that is, or was, the subject of an emergency
use authorization under section 564 of the
Federal Food, Drug, and Cosmetic Act.
``(ii) Explanation of certain
determinations.--With respect to any
recommendation of the COVID-19 Vaccine
Commission included in the report under
subparagraph (C)(iii) that the Secretary does
not adopt pursuant to this subparagraph, the
Secretary, not later than 7 days after the
covered countermeasure injury table has been
amended pursuant to clause (i), shall publish a
written explanation of the determination not to
adopt such recommendation.
``(C) COVID-19 vaccine commission.--
``(i) In general.--There is established a
commission to be known as the COVID-19 Vaccine
Commission (referred to in this subparagraph as
the `Commission') that is tasked with
identifying covered injuries related to COVID-
19 vaccines, for purposes of recommending to
the Secretary injuries for inclusion on the
covered countermeasure injury table, as
described in subparagraph (B).
``(ii) Membership.--
``(I) In general.--The Commission
shall be composed of the following:
``(aa) The Secretary, or a
designee of the Secretary, to
serve as an ex officio member.
``(bb) The following
members, selected, not later
than 30 days after the date of
enactment of the Countermeasure
Injury Compensation Fund
Amendment Act, in accordance
with subclause (II):
``(AA) 3 members
appointed by the Chair
of the Committee on
Health, Education,
Labor, and Pensions of
the Senate.
``(BB) 3 members
appointed by the
Ranking Member of the
Committee on Health,
Education, Labor, and
Pensions of the Senate.
``(CC) 3 members
appointed by the Chair
of the Committee on
Energy and Commerce of
the House of
Representatives.
``(DD) 3 members
appointed by the
Ranking Member of the
Committee on Energy and
Commerce of the House
of Representatives.
``(II) Eligibility.--Members
selected to serve on the Commission
pursuant to subclause (I)(bb) shall--
``(aa) be chosen on the
basis of their experience,
integrity, impartiality, and
good judgement;
``(bb) at the time of
appointment, not be elected or
appointed officers or employees
in the executive, legislative,
or judicial branch of the
Federal Government; and
``(cc) at the time of
appointment, not be a member of
the board or an employee of an
entity whose product is under
review, or expected to be under
review, by the Commission.
``(III) No compensation.--Members
of the Commission shall not be
compensated.
``(IV) Conflict of interest.--Each
member of the Commission shall recuse
themselves from advising on a covered
countermeasure for which the member has
a conflict of interest as described in
section 208 of title 18, United States
Code.
``(iii) Report.--No later than one year
after the date of enactment of the
Countermeasure Injury Compensation Fund
Amendment Act, the Commission shall submit to
the Secretary and make publicly available a
report identifying covered injuries considered
for purposes of inclusion on the covered
countermeasure injury table pursuant to
subparagraph (B), and the vote counts and
outcomes for each such injury.
``(iv) Sunset.--The Commission established
under this subparagraph shall be terminated
upon publication of the report under clause
(iii).'';
(F) by redesignating paragraph (6) as paragraph
(7);
(G) by inserting after paragraph (5) the following:
``(6) Electronic filing of petitions.--The clerk of the
United States Court of Federal Claims shall provide an option
for the electronic filing of a petition to initiate a
proceeding for compensation under this section.''; and
(H) in paragraph (7), as so redesignated--
(i) by striking ``sections 262, 263, 264,
265, and 266'' and inserting ``sections 2111,
2112, 2113, 2115, and 2121'';
(ii) in subparagraph (A), by striking
``terms `vaccine' and `smallpox vaccine''' and
inserting ``term `vaccine''';
(iii) by amending subparagraph (B) to read
as follows:
``(B) the term `Vaccine Injury Table' shall be
deemed to mean the table established under paragraph
(5)(A);'';
(iv) by redesignating subparagraph (C) as
subparagraph (F); and
(v) by inserting after subparagraph (B) the
following:
``(C) the term `factors unrelated to the
administration of the vaccine' shall be deemed to mean
factors unrelated to the administration or use of a
covered countermeasure;
``(D)(i) the terms `petition', `petition under
section 2111', and `petition filed under section 2111'
shall be deemed to mean a request for compensation
under this section; and
``(ii) the term `petitioner' shall be deemed to
mean a covered individual, as defined in subsection
(e), who makes a request for benefits or compensation
under this section;
``(E) the term `vaccine-related injury or death'
shall be deemed to mean a covered injury, as defined in
subsection (e); and''; and
(2) in subsection (d)--
(A) in paragraph (1), by striking ``, or if the
Secretary fails'' and all that follows through ``319F-
3(d)'' and inserting a period; and
(B) in paragraph (5), by striking ``under
subsection (a) the Secretary determines that a covered
individual qualifies for compensation'' and inserting
``a covered individual is determined under subsection
(a) to be eligible for compensation under this
section''.
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