text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Vaccine Accessibility for Children 
  and Seniors Act of 2005'' or the ``VACS Act of 2005''.
  
  SEC. 2. FINDINGS; PURPOSE.
  
      (a) Findings.--The Congress finds as follows:
              (1) Vaccines represent one of the most significant public 
          health advances in history. They have saved millions of lives 
          and prevented millions of disabilities.
              (2) Vaccines are now available for preventing once common 
          childhood diseases, such as polio, chicken pox, and measles, 
          and for preventing diseases responsible for high rates of 
          sickness and death among adults, including influenza, 
          pneumonia, and hepatitis.
              (3) Vaccines reduce future medical costs and prevent the 
          need for more expensive drugs. Vaccines not only provide a 
          health benefit to the individual receiving the vaccine, they 
          benefit others in the community by reducing their chances of 
          exposure to a disease.
              (4) The threat of litigation, coupled with the high cost of 
          manufacturing a vaccine, has forced many manufacturers to limit 
          or cease production of life-saving vaccines.
              (5) In 1967, there were 26 companies in the United States 
          making these vital vaccines. A litigation crisis in the 1980's 
          drove many companies away from the vaccine business. Today, 
          there are only 4 companies that make the vast majority of 
          vaccines used in the United States, making the system fragile 
          and limiting access to vaccines.
              (6) In October 2004, the Secretary of Health and Human 
          Services announced a flu vaccine shortage in the United States. 
          The Secretary indicated that the souring of the vaccine 
          manufacturing marketplace was due, in part, to ``costly 
          liability lawsuits''.
              (7) The Congress intervened in 1986 by creating a no-fault 
          compensation system called the National Vaccine Injury 
          Compensation Program, which was intended to lower the legal 
          risk to vaccine manufacturers, encourage a stable supply of 
          vaccine, and ensure that injured patients are rapidly and 
          appropriately compensated.
              (8) Under the National Vaccine Injury Compensation Program, 
          individuals who believe they have been injured by a vaccine may 
          file a claim in the United States Court of Federal Claims. If 
          found eligible, they can receive unlimited economic damages for 
          medical expenses, rehabilitation expenses, and lost earnings, 
          as well as pain and suffering damages subject to a $250,000 
          cap. Over 1,800 claims have been paid totaling over 
          $1,500,000,000 for vaccine-related injuries and complications 
          under the National Vaccine Injury Compensation Program, with 
          many awards amounting to more than $1,000,000 each, and some as 
          high as $7,500,000.
              (9) Notwithstanding the intent of the National Vaccine 
          Injury Compensation Program, vaccine companies still face 
          significant and expensive litigation exposure, in part, 
          because--
                      (A) the National Vaccine Injury Compensation 
                  Program allows all individuals to ``opt out'' of this 
                  system and pursue individual and class action lawsuits 
                  in State and Federal courts;
                      (B) trial attorneys continually seek to bypass the 
                  the Program and elect to go to trial by alleging that a 
                  particular vaccine is not covered under the Program, or 
                  that the Program does not apply to certain 
                  preservatives, components, or ingredients of any such 
                  vaccine; and
                      (C) the Program does not preclude an individual who 
                  is otherwise ineligible to file a claim under the 
                  Program (such as family members of injured individuals) 
                  from pursuing civil litigation.
              (10) To ensure that litigation involving federally approved 
          vaccines is based on valid scientific evidence and does not 
          undermine the Federal public health policy of creating and 
          developing life saving vaccines, it is imperative that any 
          litigation involving vaccines, and related preservatives, 
          ingredients, and components, that takes place outside of the 
          National Vaccine Injury Compensation Program shall take place 
          exclusively in the district courts of the United States, where 
          all procedures and expert testimony shall be subject to the 
          rules and requirements set forth by the United States Supreme 
          Court in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 
          579, 113 S.Ct. 2786 (1993).
              (11) To ensure that injured patients with legitimate claims 
          are more rapidly and fairly compensated by the National Vaccine 
          Injury Compensation Program in a less adversarial manner so as 
          to avoid the need for traditional civil litigation, it is 
          imperative that the Secretary of Health and Human Services and 
          the Attorney General of the United States, in consultation with 
          the Advisory Commission on Childhood Vaccines, jointly study 
          and submit a report to the Congress within one year regarding 
          their recommendations.
      (b) Purposes.--The purposes of this Act are to--
              (1) establish reasonable legal reforms that will facilitate 
          the manufacture of vital, life-saving vaccines;
              (2) establish certain legal rules and procedures to better 
          assure that litigation involving federally approved vaccines is 
          based on valid scientific evidence;
              (3) discourage frivolous litigation; and
              (4) ensure that injured patients are rapidly and fairly 
          compensated in the appropriate forum.
  
  SEC. 3. FEDERAL COURT REMEDY.
  
      Section 2122 of the Public Health Service Act (42 U.S.C 300aa-22) 
  is amended by striking subsection (a) and inserting the following:
      ``(a) Federal Cause of Action.--
              ``(1) In general.--There shall exist a Federal cause of 
          action for claims arising from a vaccine-related injury or 
          death associated with the administration of a vaccine after 
          October 1, 1988. The substantive law for decision in any such 
          action shall be derived from this section and, unless 
          inconsistent with or preempted by Federal law, from the law, 
          including choice of law principles, of the State in which such 
          vaccine was administered. Except for a proceeding for 
          compensation under the National Vaccine Injury Compensation 
          Program, the cause of action established by this paragraph 
          shall constitute the exclusive cause of action or remedy for 
          any vaccine-related injury or death associated with the 
          administration of a vaccine after October 1, 1988, including 
          any related injury or loss sustained by any person (including 
          any relative or other third party).
              ``(2) Jurisdiction.--Except for a proceeding in the United 
          States Court of Federal Claims pursuant to section 2112, the 
          district courts of the United States shall have original and 
          exclusive jurisdiction over all actions for damages arising 
          from a vaccine-related injury or death associated with the 
          administration of a vaccine after October 1, 1988, including 
          any related injury or loss sustained by any person (including 
          any relative or other third party). If any civil action subject 
          to this section is brought or is pending in a State court, and 
          the action is not dismissed by the State court, the action may 
          be removed at any time before final judgment by any defendant 
          to the district court of the United States for the district and 
          division embracing the place where such action is pending. An 
          order remanding an action removed pursuant to this subsection 
          is an appealable order. Except as provided herein, the removal 
          of any such action shall proceed in accordance with sections 
          1446 through 1451 of title 28, United States Code.
              ``(3) State actions.--All State causes of action for 
          damages arising from, or equitable relief relating to, a 
          vaccine-related injury or death associated with a vaccine 
          administered after October 1, 1988, including for any related 
          injury or loss sustained by any person (including any relative 
          or other third party) are hereby preempted.
              ``(4) Vaccine defined.--For purposes of this section, the 
          term `vaccine' includes any preservative, ingredient, or 
          component of a vaccine.''.
  
  SEC. 4. SANCTIONS FOR FRIVOLOUS VACCINE LITIGATION; 3-STRIKES RULE FOR 
                SUSPENDING ATTORNEYS WHO COMMIT MULTIPLE RULE 11 
                VIOLATIONS.
  
      (a) Mandatory Suspension.--Whenever a district court of the United 
  States in connection with an action for damages arising from a vaccine-
  related injury or death associated with a vaccine administered after 
  October 1, 1988 (in this section referred to as a ``vaccine suit''), 
  determines that an attorney has violated Rule 11 of the Federal Rules 
  of Civil Procedure, the court shall determine the number of times that 
  the attorney has violated that rule in connection with a vaccine suit 
  in that district court during that attorney's career. If the court 
  determines that the number is 3 or more, the district court of the 
  United States--
              (1) shall suspend that attorney from the practice of law in 
          that district court for 1 year; and
              (2) may suspend that attorney from the practice of law in 
          that district court for any additional period that the court 
          considers appropriate.
      (b) Appeal; Stay.--An attorney has the right to appeal a suspension 
  under subsection (a). While such an appeal is pending, the suspension 
  shall be stayed.
      (c) Reinstatement.--To be reinstated to the practice of law in a 
  district court of the United States after completion of a suspension 
  under subsection (a), the attorney must first petition the court for 
  reinstatement under such procedures and conditions as the court may 
  prescribe.
  
  SEC. 5. TRIAL PROCEDURE.
  
      (a) In General.--Section 2123 of the Public Health Service Act (42 
  U.S.C. 300aa-23) is amended--
              (1) in subsection (a)--
                      (A) by striking ``three'' and inserting ``four''; 
                  and
                      (B) by inserting ``, including any related injury 
                  or loss sustained by any person (including any relative 
                  or other third party),'' after ``the effective date of 
                  this part'';
              (2) by redesignating subsections (b), (c), (d) and (e) as 
          subsections (c), (d), (e) and (f);
              (3) by inserting after subsection (a) the following:
      ``(b) Causation in Fact.--The first stage of such civil action 
  shall be held to determine whether competent and reliable scientific 
  evidence demonstrates that the plaintiff's alleged vaccine-related 
  injury or death was caused in fact by the vaccine.'';
              (4) in subsection (c) (as so redesignated), by striking 
          ``The first'' and inserting ``If the trier of fact finds that 
          the alleged vaccine-related injury or death was caused in fact 
          by the vaccine, a second'';
              (5) in subsection (d) (as so redesignated), by striking 
          ``second'' and inserting ``third''; and
              (6) in subsection (e) (as so redesignated), by striking 
          ``third'' and inserting ``fourth''.
      (b) Conforming Amendment.--Subparagraph (A) of section 2122(b)(2) 
  of the Public Health Service Act (42 U.S.C. 300aa-22) is amended by 
  striking ``2123(d)(2)'' and inserting ``2123(e)(2)''.
  
  SEC. 6. TRANSITION RULES.
  
      (a) Notice.--If on the date of the enactment of this Act, any State 
  law claim for damages arising from, or equitable relief relating to, a 
  vaccine-related injury or death associated with a vaccine administered 
  after October 1, 1988, including any related injury or loss sustained 
  by any person (including any relative or other third party), is pending 
  in any State or Federal court prior to the entry of final judgment, the 
  plaintiff may, within 30 days of such date of enactment, file a notice 
  with the court in which the claim is pending electing to treat the 
  State law claim as a Federal law claim arising under section 2122 of 
  the Public Health Service Act, as amended by section 3, and subject to 
  the amendments made by this Act.
      (b) Failure to File Notice.--If no notice is filed for a claim 
  described in subsection (a) within the 30-day period described in such 
  subsection, and the claim is pending in State court, the claim shall be 
  dismissed with prejudice.
      (c) Notice Filed.--If a notice is filed for a claim described in 
  subsection (a) within such 30-day period described in such subsection, 
  and the claim is pending in State court prior to the entry of final 
  judgment, any plaintiff or defendant may remove the action to the 
  district court of the United States for the district and division 
  embracing the place where such action is pending by filing a notice of 
  removal signed pursuant to Rule 11 of the Federal Rules of Civil 
  Procedure and containing a short and plain statement of the grounds for 
  removal, together with a copy of all process, pleadings, and orders 
  served or previously filed in such action. Promptly after the filing of 
  such notice of removal, the removing party shall give written notice 
  thereof to all other parties and shall file a copy of the notice with 
  the clerk of such State court, which shall effect the removal, and the 
  State court shall proceed no further unless the case is remanded. An 
  order remanding an action removed pursuant to this subsection is an 
  appealable order. Except as provided herein, the removal of any such 
  action shall proceed in accordance with sections 1446 through 1451 of 
  title 28, United States Code. If a case is not properly removed within 
  40 days of the date of the enactment of this Act, any claim subject to 
  subsection (a) that remains pending in State court or that is remanded 
  to State court shall be promptly dismissed with prejudice.
  
  SEC. 7. STUDY AND REPORT.
  
      (a) Findings.--The Congress finds as follows:
              (1) The Congress intended the National Vaccine Injury 
          Compensation Program to be a flexible, no-fault, less 
          adversarial system to handle claims in a quick, easy, and 
          generous manner so as to avoid the need the for civil 
          litigation, and to avoid the rancor and substantial delays 
          often associated with traditional litigation.
              (2) Although the National Vaccine Injury Compensation 
          Program maintains it has an excellent record of promptly and 
          appropriately compensating valid claims, recent reports of some 
          individuals seeking compensation under the Program allege that 
          some legitimate claims have taken 5 to 10 years to resolve, the 
          process has become more adversarial, the Program has made 
          claims harder to prove, and the process has drifted toward 
          full-blown litigation and away from Congress' intent as a 
          positive alternative to tort litigation.
      (b) Study.--After considering the findings in subsection (a), and 
  after consulting with the Advisory Commission on Childhood Vaccines, 
  the Secretary of Health and Human Services and the Attorney General of 
  the United States shall, not later than 1 year after the date of the 
  enactment of this Act, jointly submit a report to the appropriate 
  committees of the Congress concerning their recommendations to ensure 
  that injured patients with legitimate claims are rapidly and 
  appropriately compensated in a less adversarial manner.
target: Vaccine Accessibility for Children and Seniors Act of 2005 or the VACS Act of 2005 - Establishes an exclusive Federal cause of action for claims arising from a vaccine-related injury or death associated with the administration of a vaccine after October 1, 1988, except for a compensation proceeding under the National Vaccine Injury Compensation Program (the Program). Preempts all State actions for damages arising from such an injury or death.
  
  Defines "vaccine" to include any preservative, ingredient, or component of a vaccine.
  
  Requires a district court to suspend an attorney from the practice of law in such court for one year if the attorney has violated the Federal Rules of Civil Procedure requiring the attorney to certify the validity of claims filed in connection with a vaccine suit three times during that attorney's career. Allows the court to suspend the attorney for any additional period that the court considers appropriate.
  
  Amends Federal vaccine civil trial procedures to insert a new first stage to determine whether competent and reliable scientific evidence demonstrates that the plaintiff's alleged vaccine-related injury or death was caused in fact by the vaccine.
  
  Requires the dismissal with prejudice or removal to a Federal court of all pending State vaccine cases.
  
  Requires the Secretary of Health and Human Services and the Attorney General to jointly submit a report to Congress concerning recommendations to ensure that injured patients with legitimate claims are rapidly and appropriately compensated through the Program in a less adversarial manner.
feat_title: To establish reasonable legal reforms that will facilitate the manufacture of vital, life-saving vaccines, and for other purposes.