I 

118TH CONGRESS 

1ST SESSION H. R. 5142 

To amend the Public Health Service Act to make updates to the Vaccine 

Injury Compensation Program, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 4, 2023 

Mr. DOGGETT (for himself, Mr. SMUCKER, and Mr. BLUMENAUER) 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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Vaccine Injury Com5 pensation Modernization Act of 2023’’. 

6 SEC. 2. CHANGES TO VACCINE INJURY COMPENSATION 

7 PROGRAM. 

8 (a) SPECIAL MASTERS.— 


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1 (1) ESTABLISH MINIMUM NUMBER OF SPECIAL

2 MASTERS.—Section 2112(c)(1) of the Public Health 

3 Service Act (42 U.S.C. 300aa–12(c)(1)) is amended 

4 by striking ‘‘not more than 8’’ and inserting ‘‘not 

5 less than 10’’. 

6 (2) TERMS.—Section 2112(c)(4) of the Public 

7 Health Service Act (42 U.S.C. 300aa–12(c)(4)) is 

8 amended— 

9 (A) by striking ‘‘a term of 4 years’’ and in10 serting ‘‘an initial term of 4 years’’; 

11 (B) by striking the second and third sen12 tences; and 

13 (C) by adding at the end the following: 

14 ‘‘An individual appointed as special master may 

15 be reappointed to serve one or more additional 

16 terms of up to 8 years each, pursuant to para17 graph (1), and subject to termination under 

18 paragraphs (2) and (3).’’. 

19 (3) ADDITIONAL REPORTING REQUIREMENTS.— 

20 Section 2112(c)(6)(E) of the Public Health Service 

21 Act (42 U.S.C. 300aa–12(c)(6)(E)) is amended— 

22 (A) by inserting after ‘‘disposition of peti23 tions,’’ the following: ‘‘the number of petitions 

24 filed that are pending disposition, the number 


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1 of hearings scheduled with respect to a pending 

2 disposition,’’; and 

3 (B) by inserting ‘‘, including recommenda4 tions on whether additional special masters are 

5 needed to ensure an expeditious and fair resolu6 tion of petitions or otherwise improve the Pro7 gram’’ after ‘‘in the Program’’. 

8 (b) RECOMMENDATIONS FROM CDC.—Section 

9 2114(e)(2) of the Public Health Service Act (42 U.S.C. 

10 300aa–14(e)(2)) is amended— 

11 (1) by striking ‘‘within 2 years of’’ and insert12 ing ‘‘within 6 months of’’; and 

13 (2) in subparagraph (A), by inserting ‘‘adults, 

14 or pregnant women’’ after ‘‘to children,’’. 

15 (c) INCREASE IN COMPENSATION.— 

16 (1) COMPENSATION FOR DEATH.—Section 

17 2115(a)(2) of the Public Health Service Act (42 

18 U.S.C. 300aa–15(a)(2)) is amended to read as fol19 lows: 

20 ‘‘(2) In the event of a vaccine-related death, an 

21 award of— 

22 ‘‘(A) if judgment on an award of com23 pensation is entered in calendar year 2021, 

24 $600,000; or 


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1 ‘‘(B) if judgment on an award of com2 pensation is entered in a subsequent calendar 

3 year, the amount equal to the dollar amount 

4 applicable under this paragraph for the pre5 ceding calendar year, adjusted by the total per6 centage change that occurred during such pre7 ceding calendar year in the Consumer Price 

8 Index for all urban consumers (all items; 

9 United States city average).’’. 

10 (2) COMPENSATION FOR PAIN AND SUF11 FERING.—Section 2115(a)(4) of the Public Health 

12 Service Act (42 U.S.C. 300aa–15(a)(4)) is amended 

13 to read as follows: 

14 ‘‘(4) For actual and projected pain and suf15 fering and emotional distress from the vaccine-re16 lated injury, an award not to exceed— 

17 ‘‘(A) if judgment on an award of com18 pensation is entered in calendar year 2021, 

19 $600,000; or 

20 ‘‘(B) if judgment on an award of com21 pensation is entered in a subsequent calendar 

22 year, the amount equal to the dollar amount 

23 applicable under this paragraph for the pre24 ceding calendar year, adjusted by the total per25 centage change that occurred during such preVerDate Sep 11 2014 01:51 Aug 22, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5142.IH H5142

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1 ceding calendar year in the Consumer Price 

2 Index for all urban consumers (all items; 

3 United States city average).’’. 

4 (d) INCREASE STATUTE OF LIMITATIONS.—Section 

5 2116(a)(2) of the Public Health Service Act (42 U.S.C. 

6 300aa–16(a)(2)) is amended by striking ‘‘36 months’’ and 

7 inserting ‘‘5 years’’. 

8 SEC. 3. TREATMENT OF COVID–19 VACCINES. 

9 (a) VACCINE INJURY TABLE.—Not later than 60 

10 days after the date of the enactment of this Act, the Sec11 retary of Health and Human Services shall promulgate 

12 regulations to add, in accordance with section 2114(c)(3) 

13 of the Public Health Service Act (42 U.S.C. 300aa– 

14 14(c)(3)) COVID–19 vaccines to the Vaccine Injury 

15 Table. In promulgating such regulations, the Secretary 

16 shall provide for notice and opportunity for a public hear17 ing and at least 30 days of public comment. 

18 (b) TRANSFER TO VICP.—Not later than 30 days 

19 after the date on which the rule promulgated under sub20 section (a) is finalized, the Secretary of Health and 

21 Human Services shall transfer all claims pending, as of 

22 such date, under section 319F–4 of the Public Health 

23 Service Act (42 U.S.C. 247d–6e) with respect to a 

24 COVID–19 vaccine to the Vaccine Injury Compensation 

25 Program under title XXI of the Public Health Service Act 


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1 (42 U.S.C. 300aa–1 et seq.) finalized. Before such trans2 fer, all claimants with pending claims under such section 

3 319F–4 shall be notified of such transfer via mail, email 

4 (if available), and through any legal representative of such 

5 claimant for the cause of action involved. 

6 SEC. 4. PROFESSIONAL JUDGMENT BUDGET. 

7 (a) IN GENERAL.—The Secretary of Health and 

8 Human Services— 

9 (1) in consultation with the Attorney General, 

10 shall submit a budget outlining the resource needs 

11 for each agency for purposes of carrying out the Na12 tional Vaccine Injury Compensation Program under 

13 subtitle 2 of title XXI of such Act (42 U.S.C. 

14 300aa–10 et seq.) for fiscal years 2024 through 

15 2028; and 

16 (2) shall submit a budget outlining resource 

17 needs for purposes of carrying out the Counter18 measures Injury Compensation Program under sec19 tion 319F–4 of the Public Health Service Act (42 

20 U.S.C. 247d–6e) for fiscal years 2024 through 2028. 

21 (b) INCLUSIONS.—The budgets described in para22 graphs (1) and (1) of subsection (a) shall include esti23 mates of both the resources necessary to process current 


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1 backlogs and each program’s ability to reduce processing 

2 times with respect to such professional judgments. 

Æ 


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