[Congressional Record Volume 168, Number 133 (Saturday, August 6, 2022)]
[Senate]
[Pages S4311-S4312]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 5307. Mr. LEE submitted an amendment intended to be proposed by
him to the bill H.R. 5376, to provide for reconciliation pursuant to
title II of S. Con. Res. 14; which was ordered to lie on the table; as
follows:
At the appropriate place, insert the following:
SEC. __. 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
[[Page S4312]]
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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