I 

117TH CONGRESS 

1ST SESSION H. R. 3655 

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 

JUNE 1, 2021 

Mr. DOGGETT (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 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 2021’’. 

6 SEC. 2. CHANGES TO VACCINE INJURY COMPENSATION 

7 PROGRAM. 

8 (a) SPECIAL MASTERS.— 

9 (1) ESTABLISH MINIMUM NUMBER OF SPECIAL

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


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

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

3 less than 10’’. 

4 (2) ADDITIONAL REPORTING REQUIREMENTS.— 

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

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

7 (A) by inserting after ‘‘disposition of peti8 tions,’’ the following: ‘‘the number of petitions 

9 filed that are pending disposition, the number 

10 of hearings scheduled with respect to a pending 

11 disposition,’’; and 

12 (B) by inserting ‘‘, including recommenda13 tions on whether additional special masters are 

14 needed to ensure an expeditious and fair resolu15 tion of petitions or otherwise improve the Pro16 gram’’ after ‘‘in the Program’’. 

17 (b) RECOMMENDATIONS FROM CDC.—Section 

18 2114(e)(2) of the Public Health Service Act (42 U.S.C. 

19 300aa–14(e)(2)) is amended— 

20 (1) by striking ‘‘within 2 years of’’ and insert21 ing ‘‘within 6 months of’’; and 

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

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

24 (c) INCREASE IN COMPENSATION.— 


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1 (1) COMPENSATION FOR DEATH.—Section 

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

3 U.S.C. 300aa–15(a)(2)) is amended to read as fol4 lows: 

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

6 award of— 

7 ‘‘(A) if judgment on an award of com8 pensation is entered in calendar year 2021, 

9 $600,000; or 

10 ‘‘(B) if judgment on an award of com11 pensation is entered in a subsequent calendar 

12 year, the amount equal to the dollar amount 

13 applicable under this paragraph for the pre14 ceding calendar year, adjusted by the total per15 centage change that occurred during such pre16 ceding calendar year in the Consumer Price 

17 Index for all urban consumers (all items; U.S. 

18 city average).’’. 

19 (2) COMPENSATION FOR PAIN AND SUF20 FERING.—Section 2115(a)(4) of the Public Health 

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

22 to read as follows: 

23 ‘‘(4) For actual and projected pain and suf24 fering and emotional distress from the vaccine-re25 lated injury, an award not to exceed— 


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1 ‘‘(A) if judgment on an award of com2 pensation is entered in calendar year 2021, 

3 $600,000; or 

4 ‘‘(B) if judgment on an award of com5 pensation is entered in a subsequent calendar 

6 year, the amount equal to the dollar amount 

7 applicable under this paragraph for the pre8 ceding calendar year, adjusted by the total per9 centage change that occurred during such pre10 ceding calendar year in the Consumer Price 

11 Index for all urban consumers (all items; U.S. 

12 city average).’’. 

13 (d) INCREASE STATUTE OF LIMITATIONS.—Section 

14 2116(a)(2) of the Public Health Service Act (42 U.S.C. 

15 300aa–16(a)(2)) is amended by striking ‘‘36 months’’ and 

16 inserting ‘‘5 years’’. 

Æ 


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