[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''.
                                 ______