Sec. 303. Compensation for injuries relating to the public health emergency caused by SARS–CoV–2

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With respect to claims filed under the Countermeasure Injury Compensation Program (referred to in this section as the Program ) under section 319F–4 of the Public Health Service Act ( 42 U.S.C. 247d–6e ) alleging a covered injury caused by the administration or use of a covered countermeasure pursuant to a declaration under section 319F–3(b) of such Act (42 U.S.C. 247d–6d(b)) relating to COVID–19, the following shall apply: Notwithstanding the filing deadline applicable under section 319F–4, the claim shall be filed within 3 years of the administration or use of the covered countermeasure, or one year after enactment of this section, whichever is later, and, if a claim filed under the Program with respect to such administration or use was filed before the date of enactment of this Act and denied on the basis of having not been filed within the time period required under subsection (b)(4) of such section 319F–4, such claim may be refiled pursuant to this paragraph.

With respect to a claim relating to the administration of a COVID–19 vaccine, such a claim may be filed under the Program only if the administration of such vaccine occurred prior to the addition of the vaccine to the Vaccine Injury Table under section 2114 of the Public Health Service Act ( 42 U.S.C. 300aa–14 ). Not later than 9 months after the date of enactment of this section, the Secretary of Health and Human Services shall promulgate a covered countermeasure injury table pursuant to subsection (b)(5) of section 319F–4 of the Public Health Service Act (42 U.S.C. 247d–6e(b)(5)).

The Secretary of Health and Human Services— in consultation with the Attorney General, shall submit a budget outlining the resource needs for each agency for purposes of carrying out the National 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 shall submit a budget outlining resource needs for purposes of carrying out the Countermeasures Injury Compensation Program under section 319F–4 of the Public Health Service Act ( 42 U.S.C. 247d–6e ) for fiscal years 2024 through 2028.

The budgets described in subparagraphs

(A)and

(B)of paragraph

(1)shall include estimates of both the resources necessary to process current backlogs and each program’s ability to reduce processing times with respect to such professional judgments. The Secretary of Health and Human Services shall seek to enter into a contract with the National Academies of Sciences, Engineering, and Medicine under which such National Academies shall report, not later than 3 years after the date of enactment of this Act, on the Countermeasure Injury Compensation Program under section 319F–4 of the Public Health Service Act ( 42 U.S.C. 247d–6e ), including recommendations to improve the administration of such program and whether Congress should adjust the compensation payments available under such program.

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42 USC 247d–6e
42 USC 247d–6d(b)
42 USC 300aa–14
42 USC 247d–6e(b)(5)
42 USC 300aa–10

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cites case law

Sec. 303

Compensation for injuries relating to the public health emergency caused by SARS–CoV–2

Cite42 USC 247d–6e

Cite42 USC 247d–6d(b)

Cite42 USC 300aa–14

Cite42 USC 247d–6e(b)(5)

Cite42 USC 300aa–10

Cites 5Cited by 0 across 0 sources