,,ii #aagth ,,congress #b;d ,session ,s4 #chaj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #aj 7legislative day1 ,march #g71 #bjbb,mr4 ,lee 7for himself1 ,mr4 ,braun1 ,mr4 ,johnson1 and ,mrs4 ,hyde-,smith7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to amend the ,countermeasure ,injury ,compensation ,program with respect to ,,covid-#ai vaccines4 #a4 ,short title ,this ,act may be cited as the ,countermeasure ,injury ,compensation ,fund ,amendment ,act4 #b4 ,amendment to the ,countermeasure ,injury ,compensation ,program ,section #cai;,f-#d of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d-#f;e7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by striking under #cai;,f-#c7;b7 and inserting under section #cai;,f-#c7;b72 7,b7 in paragraph 7#b7-- 7i7 by striking and be in the same amount and all that follows through shall not apply and inserting be in the same amount1 and be subject to the same conditions as is prescribed by section #baae2 7,c7 by striking paragraphs 7#c7 and 7#d7 and inserting the following3 7#c7 ,determination of eligibility and compensation ,compensation shall be awarded under this section to eligible individuals in accordance with the procedure set forth in sections #baaa1 #baab1 #baac1 and #baba for purposes of the ,national ,vaccine ,injury ,compensation ,program1 subject to the other provisions of this section4 2 7,d7 by inserting before paragraph 7#e7 the following3 7#d7 ,time for filing petitions 7,a7 ,previously submitted requests 7i7 ,pending claims ,in the case of a request for compensation submitted under this section before the date of enactment of the ,countermeasure ,injury ,compensation ,fund ,amendment ,act for which no compensation has been provided prior to such date of enactment1 in order to be eligible for compensation under this section1 not later than #bh months after such date of enactment1 the individual shall submit a new petition under this section1 consistent with the amendments made by the ,countermeasure ,injury ,compensation ,fund ,amendment ,act4 7ii7 ,previously paid claims ,in the case of a request for compensation submitted under this section and paid under this section before the date of enactment of the ,countermeasure ,injury ,compensation ,fund ,amendment ,act that relates to a ,,covid-#ai countermeasure1 the individual receiving such compensation may submit a subsequent petition under this section for additional compensation in the amount the individual would have received for such claim under this section after such date of enactment1 less the amount already received by the individual4 7,b7 ,subsequent petitions ,in the case of a an injury or death resulting from the administration or use of a covered countermeasure to which subparagraph 7,a7 does not apply1 a petition for benefits or compensation under this section shall be filed not later than-- 7i7 subject to clause 7ii7-- 7,i7 in the case of serious physical injury1 #c years after the first symptom or manifestation of onset of a significant aggravation of a covered injury2 or 7,,ii7 in the case of death-- 7aa7 #b years after death from the administration or use of the covered countermeasure2 and 7bb7 #d years after the occurrence of the first symptom or manifestation of onset or of the significant aggravation of the injury from which the death resulted2 and 7ii7 in the case that a covered countermeasure is added to the table under paragraph 7#e77;,a7 and the effect is to permit an individual who was not1 before such addition1 eligible to seek compensation under this section1 such individual may file a petition for such compensation not later than #b years after the effective date of the addition of such countermeasure4 2 7,e7 in paragraph 7#e71 by striking subparagraphs 7,b7 and 7,c7 and inserting the following3 7,b7 ,amendment with respect to ,,covid-#ai vaccines 7i7 ,in general ,not later than #fj days after receipt of the report under subparagraph 7,c77iii71 the ,secretary1 taking into consideration such report1 shall amend the covered countermeasure injury table established under subparagraph 7,a7 to include all injuries related to ,,covid-#ai vaccines that meet the standard described in subparagraph 7,a74 ,in amending such table1 the ,secretary shall consider injuries caused by use of any vaccine that is1 or was1 the subject of an emergency use authorization under section #efd of the ,federal ,food1 ,drug1 and ,cosmetic ,act4 7ii7 ,explanation of certain determinations ,with respect to any recommendation of the ,,covid-#ai ,vaccine ,commission included in the report under subparagraph 7,c77iii7 that the ,secretary does not adopt pursuant to this subparagraph1 the ,secretary1 not later than #g days after the covered countermeasure injury table has been amended pursuant to clause 7i71 shall publish a written explanation of the determination not to adopt such recommendation4 7,c7 ,,covid-#ai ,vaccine ,commission 7i7 ,in general ,there is established a commission to be known as the ,,covid-#ai ,vaccine ,commission 7referred to in this subparagraph as the ,commission7 that is tasked with identifying covered injuries related to ,,covid-#ai vaccines1 for purposes of recommending to the ,secretary injuries for inclusion on the covered countermeasure injury table1 as described in subparagraph 7,b74 7ii7 ,membership 7,i7 ,in general ,the ,commission shall be composed of the following3 7aa7 ,the ,secretary1 or a designee of the ,secretary1 to serve as an ex officio member4 7bb7 ,the following members1 selected1 not later than #cj days after the date of enactment of the ,countermeasure ,injury ,compensation ,fund ,amendment ,act1 in accordance with subclause 7,,ii73 7,,aa7 #c members appointed by the ,chair of the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate4 7,,bb7 #c members appointed by the ,ranking ,member of the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate4 7,,cc7 #c members appointed by the ,chair of the ,committee on ,energy and ,commerce of the ,house of ,representatives4 7,,dd7 #c members appointed by the ,ranking ,member of the ,committee on ,energy and ,commerce of the ,house of ,representatives4 7,,ii7 ,eligibility ,members selected to serve on the ,commission pursuant to subclause 7,i77bb7 shall-- 7aa7 be chosen on the basis of their experience1 integrity1 impartiality1 and good judgement2 7bb7 at the time of appointment1 not be elected or appointed officers or employees in the executive1 legislative1 or judicial branch of the ,federal ,government2 and 7cc7 at the time of appointment1 not be a member of the board or an employee of an entity whose product is under review1 or expected to be under review1 by the ,commission4 7,,iii7 ,no compensation ,members of the ,commission shall not be compensated4 7,,iv7 ,conflict of interest ,each member of the ,commission shall recuse themselves from advising on a covered countermeasure for which the member has a conflict of interest as described in section #bjh of title #ah1 ,united ,states ,code4 7iii7 ,report ,no later than one year after the date of enactment of the ,countermeasure ,injury ,compensation ,fund ,amendment ,act1 the ,commission shall submit to the ,secretary and make publicly available a report identifying covered injuries considered for purposes of inclusion on the covered countermeasure injury table pursuant to subparagraph 7,b71 and the vote counts and outcomes for each such injury4 7iv7 ,sunset ,the ,commission established under this subparagraph shall be terminated upon publication of the report under clause 7iii74 2 7,f7 by redesignating paragraph 7#f7 as paragraph 7#g72 7,g7 by inserting after paragraph 7#e7 the following3 7#f7 ,electronic filing of petitions ,the clerk of the ,united ,states ,court of ,federal ,claims shall provide an option for the electronic filing of a petition to initiate a proceeding for compensation under this section4 2 and 7,h7 in paragraph 7#g71 as so redesignated-- 7i7 by striking sections #bfb1 #bfc1 #bfd1 #bfe1 and #bff and inserting sections #baaa1 #baab1 #baac1 #baae1 and #baba2 7ii7 in subparagraph 7,a71 by striking terms vaccine and smallpox vaccine and inserting term vaccine2 7iii7 by amending subparagraph 7,b7 to read as follows3 7,b7 the term ,vaccine ,injury ,table shall be deemed to mean the table established under paragraph 7#e77;,a72 2 7iv7 by redesignating subparagraph 7,c7 as subparagraph 7,f72 and 7v7 by inserting after subparagraph 7,b7 the following3 7,c7 the term factors unrelated to the administration of the vaccine shall be deemed to mean factors unrelated to the administration or use of a covered countermeasure2 7,d7 7i7 the terms petition1 petition under section #baaa1 and petition filed under section #baaa shall be deemed to mean a request for compensation under this section2 and 7ii7 the term petitioner shall be deemed to mean a covered individual1 as defined in subsection 7e71 who makes a request for benefits or compensation under this section2 7,e7 the term vaccine-related injury or death shall be deemed to mean a covered injury1 as defined in subsection 7e72 and 2 and 7#b7 in subsection 7d7-- 7,a7 in paragraph 7#a71 by striking 1 or if the ,secretary fails and all that follows through #cai;,f-#c7;d7 and inserting a period2 and 7,b7 in paragraph 7#e71 by striking under subsection 7a7 the ,secretary determines that a covered individual qualifies for compensation and inserting a covered individual is determined under subsection 7a7 to be eligible for compensation under this section4