[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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