I 
109TH CONGRESS 
1ST SESSION H. R. 1297
To amend the Public Health Service Act with respect to the National Vaccine 
Injury Compensation Program. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 15, 2005
Mr. BURTON of Indiana (for himself, Mr. PALLONE, Mr. DUNCAN, Mr. 
TANCREDO, Mr. RYUN of Kansas, Mr. PLATTS, Mr. BARTLETT of Mary-
land, Mr. PAUL, Mrs. JO ANN DAVIS of Virginia, Mr. NADLER, Mr. 
JONES of North Carolina, and Mr. SANDERS) introduced the following 
bill; which was referred to the Committee on Energy and Commerce 
A BILL 
To amend the Public Health Service Act with respect to 
the National Vaccine Injury Compensation Program.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Vaccine In-
jury Compensation Program Improvement Act of 2005’’. 
SEC. 2. BASIS FOR CALCULATING PROJECTED LOST EARN-
INGS. 
Section 2115(a)(3)(B) of the Public Health Service 
Act (42 U.S.C. 300aa–15(a)(3)(B)) is amended by strik-
ing all that follows ‘‘for loss of earnings’’ and inserting 
the following: ‘‘determined on the basis of the annual esti-
mate of the average (mean) gross weekly earnings of full-
time wage and salary workers age 18 and over in the pri-
vate nonfarm sector (which includes all industries other 
than agricultural production of crops and livestock), as 
calculated annually by the Bureau of Labor Statistics 
from the quarter sample data of the Current Population 
Survey, or as calculated by such similar method as the 
Secretary may prescribe by regulation, less appropriate 
taxes and the average cost of a health insurance policy, 
as determined by the Secretary.’’. 
SEC. 3. INCREASE OF AWARD IN THE CASE OF A VACCINE-
RELATED DEATH. 
Section 2115(a)(2) of the Public Health Service Act 
(42 U.S.C. 300aa–15(a)(2)) is amended by striking 
‘‘$250,000’’ and inserting ‘‘$300,000’’. 
SEC. 4. ALLOWING COMPENSATION FOR FAMILY COUN-
SELING EXPENSES AND EXPENSES OF ESTAB-
LISHING GUARDIANSHIP. 
(a) FAMILY COUNSELING EXPENSES IN POST-1988 
CASES.—Section 2115(a) of the Public Health Service Act 
(42 U.S.C. 300aa–15(a)) is amended by adding at the end 
the following:
‘‘(5) Actual nonreimbursable expenses that have 
been or will be incurred for family counseling deter-
mined to be reasonably necessary and that result 
from the vaccine-related injury for which the peti-
tioner seeks compensation.’’. 
(b) EXPENSES OF ESTABLISHING GUARDIANSHIPS IN 
POST-1988 CASES.—Section 2115(a) of the Public Health 
Service Act (42 U.S.C. 300aa–15(a)) is further amended 
by adding at the end the following paragraph: 
‘‘(6) Actual and nonreimbursable expenses that 
have been or will be incurred to establish and main-
tain a guardianship, conservatorship, or trust for an 
individual who has suffered a vaccine-related injury, 
including attorneys’ fees and other costs incurred in 
a proceeding to establish and maintain such a 
guardianship, conservatorship, or trust.’’. 
(c) CONFORMING AMENDMENT
FOR CASES FROM 
1988 AND EARLIER.—Section 2115(b) of the Public 
Health Service Act (42 U.S.C. 300aa–15(b)) is amend-
ed—
(1) in paragraph (2), by striking ‘‘and’’ at the 
end of the paragraph; 
(2) by redesignating paragraph (3) as para-
graph (5) and by inserting a closing parenthesis be-
fore the period in that paragraph; and
(3) by inserting after paragraph (2) the fol-
lowing paragraphs: 
‘‘(3) family counseling expenses (as provided in 
paragraph (5) of subsection (a)), 
‘‘(4) expenses of establishing and maintaining 
guardianships, conservatorships, or trusts (as pro-
vided in paragraph (6) of subsection (a)), and’’. 
SEC. 5. ALLOWING PAYMENT OF INTERIM ATTORNEYS’ 
FEES AND COSTS. 
Section 2115(e) of the Public Health Service Act (42 
U.S.C. 300aa–15(e)) is amended by adding at the end the 
following: 
‘‘(4) Upon completion of a conference required 
by Rule 5 of Appendix J of the Rules of the United 
States Court of Federal Claims, a special master 
may make an interim award of attorneys’ fees and 
costs if—
‘‘(A) the case involves a vaccine adminis-
tered on or after October 1, 1988, 
‘‘(B) in tentative findings and conclusions, 
the special master determines that the peti-
tioner’s claim has a reasonable basis, 
‘‘(C) the award is limited to reasonable at-
torneys’ fees and other costs (within the mean-
ing of paragraph (1)(B)) incurred in the pro-
ceeding, and 
‘‘(D) the petitioner provides documentation 
verifying the expenditure of the amount for 
which compensation is sought. 
‘‘(5) An interim award of attorneys’ fees and 
costs by a special master under paragraph (4) shall 
be promptly paid by the Secretary pursuant to the 
special master’s order and without need of a judg-
ment. The special master’s order for interim attor-
neys’ fees and costs is not subject to review under 
sections 2112(e) and 2112(f) until after the special 
master has made a determination regarding an 
award of attorneys’ fees and costs under paragraph 
(1). 
‘‘(6) The attorneys’ fees and costs awarded as 
compensation on a petition under paragraph (1) 
shall be for the total attorneys’ fees and costs in-
curred in any proceeding on such petition, less the 
amount awarded for interim attorneys’ fees and 
costs. In determining fees and costs under para-
graph (1), a special master may reconsider and mod-
ify the amounts awarded for fees and costs under 
paragraph (4).’’.