Amends the Internal Revenue Code to increase the limit on Vaccine Injury Compensation Trust Fund administrative expenses.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3741 Introduced in House (IH)]
107th CONGRESS
2d Session
H. R. 3741
To amend the Public Health Service Act with respect to the National
Vaccine Injury Compensation Program.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 13, 2002
Mr. Burton of Indiana (for himself, Mr. Waxman, Mr. Weldon of Florida,
Mr. Nadler, Mr. Gilman, Mr. Horn, Mr. Duncan, Mr. Frost, Mrs. Morella,
Mr. Kucinich, Mrs. Jo Ann Davis of Virginia, and Mr. Tom Davis of
Virginia) 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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Vaccine Injury Compensation
Program Improvement Act of 2002''.
SEC. 2. BASIS FOR CALCULATING PROJECTED LOST EARNINGS.
Section 2115(a)(3)(B) of the Public Health Service Act (42 U.S.C.
300aa-15(a)(3)(B)) is amended by striking all that follows ``for loss
of earnings'' and inserting the following: ``determined on the basis of
the annual estimate of the average (mean) gross weekly earnings of
full-time wage and salary workers age 18 and over in the private
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 COUNSELING EXPENSES AND
EXPENSES OF ESTABLISHING 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 determined to be
reasonably necessary and that result from the vaccine-related
injury for which the petitioner 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 maintain 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
amended--
(1) in paragraph (2), by striking ``and'' at the end of the
paragraph;
(2) by redesignating paragraph (3) as paragraph (5) and by
inserting a closing parenthesis before the period in that
paragraph; and
(3) by inserting after paragraph (2) the following
paragraphs:
``(3) family counseling expenses (as provided in paragraph
(5) of subsection (a)),
``(4) expenses of establishing and maintaining
guardianships, conservatorships, or trusts (as provided 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 administered on
or after October 1, 1988,
``(B) in tentative findings and conclusions, the
special master determines that the petitioner's claim
has a reasonable basis,
``(C) the award is limited to reasonable attorneys'
fees and other costs (within the meaning of paragraph
(1)(B)) incurred in the proceeding, 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 judgment. The special master's order for
interim attorneys' 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 incurred in any proceeding on such
petition, less the amount awarded for interim attorneys' fees
and costs. In determining fees and costs under paragraph (1), a
special master may reconsider and modify the amounts awarded
for fees and costs under paragraph (4).''.
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 amended by adding at the end the
following:
``(7) When a special master or court awards attorneys' 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 affording
to the Secretary and all interested persons the
opportunity to submit relevant information, 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 reimbursed for such fees
and costs expeditiously, or
``(ii) there are other exceptional
circumstances and good cause for paying such
fees and costs solely to the petitioner's
attorney.''.
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 amended--
(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 section 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
administered after September 30, 1988, and before the date of
the enactment of this Act, if a vaccine-related injury or death
occurred as a result of the administration 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.
(2) Effect of previous dismissal.--Notwithstanding 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
applicable 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.--Section 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 following: ``if--
``(1) the vaccine-related death or injury with respect 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 symptom 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.--
(1) Transmission.--The Secretary of Health and Human
Services shall transmit to the Congress 2 annual reports that
shall each include the following:
(A) Identification of the number of petitions filed
for compensation under the National Vaccine Injury
Compensation Program that would have been time-barred
absent the limitation 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 Vaccines as Public
Members.--Section 2119(a)(1)(B) of 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 vaccine-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 Eliminated.--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 PROVISION.
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 Improvement Act of 2002) for vaccine-related injury or death''.
SEC. 10. INCREASE IN LIMIT ON ADMINISTRATIVE EXPENSES.
(a) Increase in Limit on Administrative Expenses.--Section
9510(c)(1)(B) of the Internal Revenue Code of 1986 is amended by
striking ``(but not in excess 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 Revenue Code of 1986, as amended by section
9 and subsection (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 ``, and''; and
(3) by adding at the end the following:
``(C) the payment of administrative and personnel
expenses that the Bureau of the Public 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 section 2111 of the Public Health
Service Act (42 U.S.C. 300aa-11) if the petition is pending on or filed
after the date of the enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Sponsor introductory remarks on measure. (CR E154)
Referred to the Subcommittee on Health.
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