Countermeasure Injury Compensation Fund Amendment Act

“(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.”

“(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.”

“(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).”

“(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.”