[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3778 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3778

 To amend the Public Health Service Act to revise the filing deadline 
   for certain claims under the National Vaccine Injury Compensation 
                                Program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 30, 1998

Ms. Kaptur (for herself and Mr. Meehan) introduced the following bill; 
            which was referred to the Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
 To amend the Public Health Service Act to revise the filing deadline 
   for certain claims under the National Vaccine Injury Compensation 
                                Program.

    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 Reform 
Act''.

SEC. 2. STATEMENT OF PURPOSE.

    The purpose of this Act is to prevent the unfair denial of 
compensation under the National Vaccine Injury Compensation Program to 
certain individuals who are diagnosed as having vaccine-related 
injuries more than 36 months after the first symptom, manifestation of 
onset, or significant aggravation of such injuries.

SEC. 3. REVISION OF FILING DEADLINE FOR CERTAIN CLAIMS UNDER NATIONAL 
              VACCINE INJURY COMPENSATION PROGRAM.

    Paragraph (2) of section 2116(a) of the Public Health Service Act 
(42 U.S.C. 300aa-16(a)) is amended by striking ``no petition'' and all 
that follows in such paragraph and inserting the following: ``no 
petition may be filed for compensation under the Program for such 
injury after the expiration of 36 months after the date on which such 
injury is diagnosed, except that, if such injury is first diagnosed 
before the date of the enactment of the Vaccine Injury Compensation 
Reform Act, no petition may be filed for compensation under the Program 
for such injury after the expiration of 36 months after the latest of--
                    ``(A) the date on which such injury is diagnosed,
                    ``(B) the date of the occurrence of the first 
                symptom or manifestation of onset or of the significant 
                aggravation of such injury, or
                    ``(C) the date of the enactment of the Vaccine 
                Injury Compensation Reform Act, if such injury is first 
                diagnosed after the expiration of 36 months after the 
                date referred to in subparagraph (B), and''.
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