[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5142 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 5142
To amend the Public Health Service Act to make updates to the Vaccine
Injury Compensation Program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 4, 2023
Mr. Doggett (for himself, Mr. Smucker, and Mr. Blumenauer) introduced
the following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To amend the Public Health Service Act to make updates to the Vaccine
Injury Compensation Program, 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 ``Vaccine Injury Compensation
Modernization Act of 2023''.
SEC. 2. CHANGES TO VACCINE INJURY COMPENSATION PROGRAM.
(a) Special Masters.--
(1) Establish minimum number of special masters.--Section
2112(c)(1) of the Public Health Service Act (42 U.S.C. 300aa-
12(c)(1)) is amended by striking ``not more than 8'' and
inserting ``not less than 10''.
(2) Terms.--Section 2112(c)(4) of the Public Health Service
Act (42 U.S.C. 300aa-12(c)(4)) is amended--
(A) by striking ``a term of 4 years'' and inserting
``an initial term of 4 years'';
(B) by striking the second and third sentences; and
(C) by adding at the end the following: ``An
individual appointed as special master may be
reappointed to serve one or more additional terms of up
to 8 years each, pursuant to paragraph (1), and subject
to termination under paragraphs (2) and (3).''.
(3) Additional reporting requirements.--Section
2112(c)(6)(E) of the Public Health Service Act (42 U.S.C.
300aa-12(c)(6)(E)) is amended--
(A) by inserting after ``disposition of
petitions,'' the following: ``the number of petitions
filed that are pending disposition, the number of
hearings scheduled with respect to a pending
disposition,''; and
(B) by inserting ``, including recommendations on
whether additional special masters are needed to ensure
an expeditious and fair resolution of petitions or
otherwise improve the Program'' after ``in the
Program''.
(b) Recommendations From CDC.--Section 2114(e)(2) of the Public
Health Service Act (42 U.S.C. 300aa-14(e)(2)) is amended--
(1) by striking ``within 2 years of'' and inserting
``within 6 months of''; and
(2) in subparagraph (A), by inserting ``adults, or pregnant
women'' after ``to children,''.
(c) Increase in Compensation.--
(1) Compensation for death.--Section 2115(a)(2) of the
Public Health Service Act (42 U.S.C. 300aa-15(a)(2)) is amended
to read as follows:
``(2) In the event of a vaccine-related death, an award
of--
``(A) if judgment on an award of compensation is
entered in calendar year 2021, $600,000; or
``(B) if judgment on an award of compensation is
entered in a subsequent calendar year, the amount equal
to the dollar amount applicable under this paragraph
for the preceding calendar year, adjusted by the total
percentage change that occurred during such preceding
calendar year in the Consumer Price Index for all urban
consumers (all items; United States city average).''.
(2) Compensation for pain and suffering.--Section
2115(a)(4) of the Public Health Service Act (42 U.S.C. 300aa-
15(a)(4)) is amended to read as follows:
``(4) For actual and projected pain and suffering and
emotional distress from the vaccine-related injury, an award
not to exceed--
``(A) if judgment on an award of compensation is
entered in calendar year 2021, $600,000; or
``(B) if judgment on an award of compensation is
entered in a subsequent calendar year, the amount equal
to the dollar amount applicable under this paragraph
for the preceding calendar year, adjusted by the total
percentage change that occurred during such preceding
calendar year in the Consumer Price Index for all urban
consumers (all items; United States city average).''.
(d) Increase Statute of Limitations.--Section 2116(a)(2) of the
Public Health Service Act (42 U.S.C. 300aa-16(a)(2)) is amended by
striking ``36 months'' and inserting ``5 years''.
SEC. 3. TREATMENT OF COVID-19 VACCINES.
(a) Vaccine Injury Table.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Health and Human Services
shall promulgate regulations to add, in accordance with section
2114(c)(3) of the Public Health Service Act (42 U.S.C. 300aa-14(c)(3))
COVID-19 vaccines to the Vaccine Injury Table. In promulgating such
regulations, the Secretary shall provide for notice and opportunity for
a public hearing and at least 30 days of public comment.
(b) Transfer to VICP.--Not later than 30 days after the date on
which the rule promulgated under subsection (a) is finalized, the
Secretary of Health and Human Services shall transfer all claims
pending, as of such date, under section 319F-4 of the Public Health
Service Act (42 U.S.C. 247d-6e) with respect to a COVID-19 vaccine to
the Vaccine Injury Compensation Program under title XXI of the Public
Health Service Act (42 U.S.C. 300aa-1 et seq.) finalized. Before such
transfer, all claimants with pending claims under such section 319F-4
shall be notified of such transfer via mail, email (if available), and
through any legal representative of such claimant for the cause of
action involved.
SEC. 4. PROFESSIONAL JUDGMENT BUDGET.
(a) In General.--The Secretary of Health and Human Services--
(1) in consultation with the Attorney General, shall submit
a budget outlining the resource needs for each agency for
purposes of carrying out the National Vaccine Injury
Compensation Program under subtitle 2 of title XXI of such Act
(42 U.S.C. 300aa-10 et seq.) for fiscal years 2024 through
2028; and
(2) shall submit a budget outlining resource needs for
purposes of carrying out the Countermeasures Injury
Compensation Program under section 319F-4 of the Public Health
Service Act (42 U.S.C. 247d-6e) for fiscal years 2024 through
2028.
(b) Inclusions.--The budgets described in paragraphs (1) and (1) of
subsection (a) shall include estimates of both the resources necessary
to process current backlogs and each program's ability to reduce
processing times with respect to such professional judgments.
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