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. 
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 ‘‘Vaccine Injury Com-
pensation Modernization Act of 2023’’. 
SEC. 2. CHANGES TO VACCINE INJURY COMPENSATION 
PROGRAM. 
(a) SPECIAL MASTERS.— 
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(1) 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’’. 
(2) TERMS.—Section 2112(c)(4) of the Public 
Health Service Act (42 U.S.C. 300aa–12(c)(4)) is 
amended— 
(A) by striking ‘‘a term of 4 years’’ and in-
serting ‘‘an initial term of 4 years’’; 
(B) by striking the second and third sen-
tences; and 
(C) 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 para-
graph (1), and subject to termination under 
paragraphs (2) and (3).’’. 
(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— 
(A) by inserting after ‘‘disposition of peti-
tions,’’ the following: ‘‘the number of petitions 
filed that are pending disposition, the number 
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of hearings scheduled with respect to a pending 
disposition,’’; and 
(B) by inserting ‘‘, including recommenda-
tions on whether additional special masters are 
needed to ensure an expeditious and fair resolu-
tion of petitions or otherwise improve the Pro-
gram’’ after ‘‘in the Program’’. 
(b) 
RECOMMENDATIONS
FROM
CDC.—Section 
2114(e)(2) of the Public Health Service Act (42 U.S.C. 
300aa–14(e)(2)) is amended— 
(1) by striking ‘‘within 2 years of’’ and insert-
ing ‘‘within 6 months of’’; and 
(2) in subparagraph (A), by inserting ‘‘adults, 
or pregnant women’’ after ‘‘to children,’’. 
(c) INCREASE IN COMPENSATION.— 
(1) 
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 fol-
lows: 
‘‘(2) In the event of a vaccine-related death, an 
award of— 
‘‘(A) if judgment on an award of com-
pensation is entered in calendar year 2021, 
$600,000; or 
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‘‘(B) if judgment on an award of com-
pensation is entered in a subsequent calendar 
year, the amount equal to the dollar amount 
applicable under this paragraph for the pre-
ceding calendar year, adjusted by the total per-
centage change that occurred during such pre-
ceding calendar year in the Consumer Price 
Index for all urban consumers (all items; 
United States city average).’’. 
(2) COMPENSATION
FOR
PAIN
AND
SUF-
FERING.—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 suf-
fering and emotional distress from the vaccine-re-
lated injury, an award not to exceed— 
‘‘(A) if judgment on an award of com-
pensation is entered in calendar year 2021, 
$600,000; or 
‘‘(B) if judgment on an award of com-
pensation is entered in a subsequent calendar 
year, the amount equal to the dollar amount 
applicable under this paragraph for the pre-
ceding calendar year, adjusted by the total per-
centage change that occurred during such pre-
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ceding calendar year in the Consumer Price 
Index for all urban consumers (all items; 
United States city average).’’. 
(d) 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. 
(a) VACCINE INJURY TABLE.—Not later than 60 
days after the date of the enactment of this Act, the Sec-
retary 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 hear-
ing and at least 30 days of public comment. 
(b) TRANSFER TO VICP.—Not later than 30 days 
after the date on which the rule promulgated under sub-
section (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 
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(42 U.S.C. 300aa–1 et seq.) finalized. Before such trans-
fer, 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. 
(a) IN GENERAL.—The Secretary of Health and 
Human Services— 
(1) in consultation with the Attorney General, 
shall submit a budget outlining the resource needs 
for each agency for purposes of carrying out the Na-
tional 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 
(2) shall submit a budget outlining resource 
needs for purposes of carrying out the Counter-
measures Injury Compensation Program under sec-
tion 319F–4 of the Public Health Service Act (42 
U.S.C. 247d–6e) for fiscal years 2024 through 2028. 
(b) INCLUSIONS.—The budgets described in para-
graphs (1) and (1) of subsection (a) shall include esti-
mates of both the resources necessary to process current 
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backlogs and each program’s ability to reduce processing 
times with respect to such professional judgments. 
Æ 
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