I 
111TH CONGRESS 
1ST SESSION H. R. 2459 
To amend the Public Health Service Act with respect to the National Vaccine 
Injury Compensation Program. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 18, 2009 
Mr. BURTON of Indiana (for himself and Mr. WEXLER) 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 2009’’. 
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 
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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-
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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: 
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‘‘(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 
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‘‘(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).’’. 
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SEC. 6. PROCEDURE FOR PAYING ATTORNEYS’ FEES. 
Section 2115(e) of the Public Health Service Act (42 
U.S.C. 300aa–15(e)), as amended by section 5, is amend-
ed by adding at the end the following: 
‘‘(7) When a special master or court awards at-
torneys’ fees or costs under paragraph (1) or (4), it 
may order that such fees and costs be payable solely 
to the petitioner’s attorney if— 
‘‘(A) the petitioner expressly consents, or 
‘‘(B) the special master or court, after af-
fording to the Secretary and all interested per-
sons the opportunity to submit relevant infor-
mation, determines that— 
‘‘(i) the petitioner cannot be located 
or refuses to respond to a request by the 
special master or court for information, 
and there is no practical alternative means 
to ensure that the attorney will be reim-
bursed for such fees and costs expedi-
tiously, or 
‘‘(ii) there are other exceptional cir-
cumstances and good cause for paying 
such fees and costs solely to the peti-
tioner’s attorney.’’. 
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SEC. 7. EXTENSION OF STATUTE OF LIMITATIONS. 
(a) GENERAL RULE.—Section 2116(a) of the Public 
Health Service Act (42 U.S.C. 300aa–16(a)) is amend-
ed— 
(1) in paragraph (2), by striking ‘‘36 months’’ 
and inserting ‘‘6 years’’; and 
(2) in paragraph (3)— 
(A) by striking ‘‘24 months’’ and inserting 
‘‘6 years’’; and 
(B) by striking ‘‘48 months’’ and inserting 
‘‘6 years’’. 
(b) ADDITIONAL EXTENSION.— 
(1) LIMITATION PERIOD.—Notwithstanding sec-
tion 2116(a) of the Public Health Service Act (42 
U.S.C. 300aa–16(a)), in the case of a vaccine set 
forth in the Vaccine Injury Table that is adminis-
tered after September 30, 1988, and before the date 
of the enactment of this Act, if a vaccine-related in-
jury or death occurred as a result of the administra-
tion of such vaccine, the end of the limitation period 
for filing a petition is the later of— 
(A) the applicable date under section 
2116(a) of the Public Health Service Act (42 
U.S.C. 300aa–16(a)); or 
(B) the date that is 2 years after the date 
of the enactment of this Act. 
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(2) EFFECT
OF
PREVIOUS
DISMISSAL.—Not-
withstanding section 2111(b)(2) of the Public 
Health Service Act (42 U.S.C. 300aa–11(b)(2)), if a 
petition is filed within the limitation period applica-
ble under paragraph (1), the petition may not be 
dismissed on the basis of a previous dismissal for 
untimely filing. 
(c) CLAIMS BASED ON REVISIONS TO TABLE.—Sec-
tion 2116(b) of the Public Health Service Act (42 U.S.C. 
300aa–16(b)) is amended by striking all that follows ‘‘file 
a petition for such compensation’’ and inserting the fol-
lowing: ‘‘if— 
‘‘(1) the vaccine-related death or injury with re-
spect to which the petition is filed occurred no more 
than 8 years before the effective date of the revision 
of the table; and 
‘‘(2)(A) the petition satisfies the conditions 
stated in subsection (a); or 
‘‘(B) the date of occurrence of the first symp-
tom or manifestation of onset of injury occurred 
more than 4 years before the petition is filed, and 
the petition is filed no more than 2 years after the 
effective date of the revision of the table.’’. 
(d) REPORTS.— 
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(1) TRANSMISSION.—The Secretary of Health 
and Human Services shall transmit to the Congress 
two annual reports that shall each include the fol-
lowing: 
(A) Identification of the number of peti-
tions filed for compensation under the National 
Vaccine Injury Compensation Program that 
would have been time-barred absent the limita-
tion period provided by subsection (b). 
(B) Describe the effects of subsection (b) 
on the ability of the Secretary to administer the 
National Vaccine Injury Compensation Program 
and adjudicate petitions under such Program in 
a timely manner. 
(2) DATES OF SUBMISSION.—In carrying out 
this subsection, the Secretary of Health and Human 
Services shall transmit— 
(A) the first report not later than 1 year 
after the date of the enactment of this Act; and 
(B) the second report not later than 2 
years after the date of the enactment of this 
Act. 
SEC. 8. ADVISORY COMMISSION ON CHILDHOOD VACCINES. 
(a) SELECTION OF INDIVIDUALS INJURED BY VAC-
CINES AS PUBLIC MEMBERS.—Section 2119(a)(1)(B) of 
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the Public Health Service Act (42 U.S.C. 300aa– 
19(a)(1)(B)) is amended by striking all that follows the 
comma and inserting the following: ‘‘of whom 1 shall be 
the legal representative of a child who has suffered a vac-
cine-related injury or death, and at least 1 other shall be 
either the legal representative of a child who has suffered 
a vaccine-related injury or death or an individual who has 
personally suffered a vaccine-related injury.’’. 
(b) 
MANDATORY
MEETING
SCHEDULE
ELIMI-
NATED.—Section 2119(c) of the Public Health Service Act 
(42 U.S.C. 300aa–19(c)) is amended by striking ‘‘not less 
often than four times per year and’’. 
SEC. 9. CONFORMING AMENDMENT TO TRUST FUND PROVI-
SION. 
Section 9510(c)(1)(A) of the Internal Revenue Code 
of 1986 is amended by striking ‘‘(as in effect’’ and all 
that follows through ‘‘for vaccine-related injury or death’’ 
and inserting ‘‘(as in effect on the effective date of the 
National Vaccine Injury Compensation Program Improve-
ment Act of 2009) for vaccine-related injury or death’’. 
SEC. 10. INCREASE IN LIMIT ON ADMINISTRATIVE EX-
PENSES. 
(a) INCREASE IN LIMIT ON ADMINISTRATIVE EX-
PENSES.—Section 9510(c)(1)(B) of the Internal Revenue 
Code of 1986 is amended by striking ‘‘(but not in excess 
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of $9,500,000 for any fiscal year)’’ and inserting ‘‘(but 
not in excess of $10,000,000 for any fiscal year)’’. 
(b) ADMINISTRATIVE EXPENSES
OF BUREAU
OF 
PUBLIC DEBT.—Section 9510(c)(1) of the Internal Rev-
enue Code of 1986, as amended by section 9 and sub-
section (a), is further amended— 
(1) in subparagraph (A)(ii), by striking ‘‘or’’ at 
the end; 
(2) in subparagraph (B), by striking the period 
at the end and inserting ‘‘, or’’; and 
(3) by adding at the end the following: 
‘‘(C) the payment of administrative and 
personnel expenses that the Bureau of the Pub-
lic Debt incurs for financial services for the 
Trust Fund.’’. 
SEC. 11. PUBLIC SERVICE ANNOUNCEMENT CAMPAIGN. 
Section 2110(c) of the Public Health Service Act (42 
U.S.C. 300aa–10(c)) is amended by striking the period at 
the end and inserting ‘‘, including by conducting a public 
service announcement campaign.’’. 
SEC. 12. APPLICATION. 
The provisions of and amendments made by sections 
2, 3, 4, 5, 6, 7, and 9 apply to a petition filed under sec-
tion 2111 of the Public Health Service Act (42 U.S.C. 
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300aa–11) if the petition is pending on or filed after the 
date of the enactment of this Act. 
Æ 
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