Section 1 Short title
This Act may be cited as the “Vaccine Injury Compensation Modernization Act of 2023”.
Vaccine Injury Compensation Modernization Act of 2023
A BILL
To amend the Public Health Service Act to make updates to the Vaccine Injury Compensation Program, and for other purposes.
Sec. 2 Changes to Vaccine Injury Compensation Program
Special masters—
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”.
by striking “a term of 4 years” and inserting “an initial term of 4 years”;
by striking the second and third sentences; and
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).”.
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—
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
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”.
Recommendations from CDC— Section 2114(e)(2) of the Public Health Service Act (42 U.S.C. 300aa–14(e)(2)) is amended—
by striking “within 2 years of” and inserting “within 6 months of”; and
in subparagraph (A), by inserting “adults, or pregnant women” after “to children,”.
Increase in compensation—
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).”
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).”
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
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.
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
In general— The Secretary of Health and Human Services—
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
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.
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.