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H.R. 3655 (117th): Vaccine Injury Compensation Modernization Act of 2021

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The text of the bill below is as of Jun 1, 2021 (Introduced). The bill was not enacted into law.

I

117th CONGRESS

1st Session

H. R. 3655

IN THE HOUSE OF REPRESENTATIVES

June 1, 2021

(for himself and Mr. Upton) 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.

1.

Short title

This Act may be cited as the Vaccine Injury Compensation Modernization Act of 2021.

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)

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; U.S. 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; U.S. 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.