Countermeasure Injury Compensation Fund Amendment Act

To amend the Countermeasure Injury Compensation Program with respect to COVID–19 vaccines. 1. Short title This Act may be cited as the Countermeasure Injury Compensation Fund Amendment Act 2. Amendment to the Countermeasure Injury Compensation Program Section 319F–4 of the Public Health Service Act ( 42 U.S.C. 247d–6e (1) in subsection (b)— (A) in paragraph (1), by striking under 319F–3(b) under section 319F–3(b) (B) in paragraph (2)— (i) by striking and be in the same amount shall not apply be in the same amount, and be subject to the same conditions as is prescribed by section 2115 (C) by striking paragraphs (3) and (4) and inserting the following: (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. ; (D) by inserting before paragraph (5) the following: (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 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 (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. ; (E) in paragraph (5), by striking subparagraphs (B) and (C) and inserting the following: (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 (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 (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 (iv) Sunset The Commission established under this subparagraph shall be terminated upon publication of the report under clause (iii). ; (F) by redesignating paragraph (6) as paragraph (7); (G) by inserting after paragraph (5) the following: (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. ; and (H) in paragraph (7), as so redesignated— (i) by striking sections 262, 263, 264, 265, and 266 sections 2111, 2112, 2113, 2115, and 2121 (ii) in subparagraph (A), by striking terms vaccine smallpox vaccine term vaccine (iii) by amending subparagraph (B) to read as follows: (B) the term Vaccine Injury Table ; (iv) by redesignating subparagraph (C) as subparagraph (F); and (v) by inserting after subparagraph (B) the following: (C) the term factors unrelated to the administration of the vaccine (D) (i) the terms petition petition under section 2111 petition filed under section 2111 (ii) the term petitioner (E) the term vaccine-related injury or death ; and (2) in subsection (d)— (A) in paragraph (1), by striking , or if the Secretary fails 319F–3(d) (B) in paragraph (5), by striking under subsection (a) the Secretary determines that a covered individual qualifies for compensation a covered individual is determined under subsection (a) to be eligible for compensation under this section

Summary: Countermeasure Injury Compensation Fund Amendment Act This bill modifies a program that compensates individuals for injuries experienced due to medical countermeasures (e.g., vaccines) delivered during certain public health emergencies, including with respect to compensation for COVID-19 vaccine injuries. The bill aligns award determination procedures and other aspects of the program with requirements under the Vaccine Injury Compensation Program, which provides compensation for injuries or deaths associated with routinely administered vaccines. Additionally, the bill establishes a temporary commission to identify injuries caused by receipt of a COVID-19 vaccine. The Department of Health and Human Services (HHS) must list all identified injuries in a table of conditions that are presumed to be caused by a COVID-19 vaccine, provided there is sufficient scientific evidence linking the injury to the vaccine. If HHS does not include an identified injury in the table, it must publish an explanation of that decision. The bill also allows individuals to resubmit their COVID-19 vaccine compensation claims, including the amounts of previously approved claims, for reconsideration under the provisions set out in the bill.