Vaccine Injury Compensation Modernization Act of 2021
Bill: H.R.3655 | Sponsor: Rep. Doggett, Lloyd (D-TX)
Policy area: Health

Summary:
Vaccine Injury Compensation Modernization Act of 2021
This bill increases the compensation available under the Vaccine Injury Compensation Program for vaccine-related deaths and injuries and otherwise modifies the program. This program provides compensation through a no-fault alternative to litigation for injuries and deaths caused by certain vaccines.
Specifically, the bill increases the compensation for a vaccine-related death and the maximum compensation for pain, suffering, and emotional distress from a vaccine-related injury from $250,000 to $600,000. It annually adjusts these amounts based on a consumer price index.
In addition, the bill extends from 36 months to five years the period of time after the onset of symptoms of a vaccine injury during which an individual may file a claim for compensation.
Furthermore, the Centers for Disease Control and Prevention (CDC) must update the Vaccine Injury Table, which lists and explains injuries and conditions that are presumed to be caused by vaccines, within six months of recommending a vaccine for routine administration to children, adults, or pregnant women. Current law requires the CDC to update the table within two years of recommending a vaccine for routine administration to children.

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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Vaccine Injury Compensation 
Modernization Act of 2021''.

SEC. 2. CHANGES TO VACCINE INJURY COMPENSATION PROGRAM.

    (a) Special Masters.--
            (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) 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 
                petitions,'' the following: ``the number of petitions 
                filed that are pending disposition, the number of 
                hearings scheduled with respect to a pending 
                disposition,''; and
                    (B) by inserting ``, including recommendations on 
                whether additional special masters are needed to ensure 
                an expeditious and fair resolution of petitions or 
                otherwise improve the Program'' 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 inserting 
        ``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 follows:
            ``(2) In the event of a vaccine-related death, an award 
        of--
                    ``(A) if judgment on an award of compensation is 
                entered in calendar year 2021, $600,000; or
                    ``(B) if judgment on an award of compensation is 
                entered in a subsequent calendar year, the amount equal 
                to the dollar amount applicable under this paragraph 
                for the preceding calendar year, adjusted by the total 
                percentage change that occurred during such preceding 
                calendar year in the Consumer Price Index for all urban 
                consumers (all items; U.S. city average).''.
            (2) Compensation for pain and suffering.--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 suffering and 
        emotional distress from the vaccine-related injury, an award 
        not to exceed--
                    ``(A) if judgment on an award of compensation is 
                entered in calendar year 2021, $600,000; or
                    ``(B) if judgment on an award of compensation is 
                entered in a subsequent calendar year, the amount equal 
                to the dollar amount applicable under this paragraph 
                for the preceding calendar year, adjusted by the total 
                percentage change that occurred during such preceding 
                calendar year in the Consumer Price Index for all urban 
                consumers (all items; U.S. 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''.
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