[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9828 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 9828
To amend the Public Health Service Act to end the liability shield for
vaccine manufacturers, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 25, 2024
Mr. Gosar (for himself, Ms. Greene of Georgia, Mr. Crane, Mr. Nehls,
Mrs. Miller of Illinois, Ms. Hageman, Ms. Boebert, Mr. Collins, Mr.
Moore of Alabama, Mr. Biggs, Mr. Gaetz, Mr. Massie, Mr. Higgins of
Louisiana, Mrs. Spartz, Mr. Burlison, Mr. Weber of Texas, Mr. Brecheen,
Mr. Norman, Mr. Good of Virginia, Mr. Ogles, Mr. Donalds, Mrs. Luna,
Mr. Harris, Mr. Burchett, Mr. Davidson, Mr. Posey, Mr. Mills, Mr. Roy,
Mr. Self, Ms. Mace, and Mr. Jackson of Texas) introduced the following
bill; which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Public Health Service Act to end the liability shield for
vaccine manufacturers, 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 ``End the Vaccine Carveout Act''.
SEC. 2. ENDING LIABILITY SHIELD FOR VACCINE MANUFACTURERS.
(a) National Vaccine Injury Compensation Program.--
(1) Petitions for compensation.--Section 2111 of the Public
Health Service Act (42 U.S.C. 300aa-11) is amended--
(A) in subsection (a)--
(i) by striking paragraphs (2), (3), (5),
and (6);
(ii) by inserting after paragraph (1) the
following:
``(2) Beginning on the date of enactment of the End the
Vaccine Carveout Act, and subject to paragraph (4)(B),
irrespective of whether a person has filed a petition for
compensation under the Program in relation to a vaccine-related
injury or death, such person may bring a civil action against a
vaccine administrator or manufacturer in a State or Federal
court for damages arising from such injury or death.'';
(iii) by redesignating paragraph (4) as
paragraph (3);
(iv) by redesignating paragraphs (7)
through (10) as paragraphs (4) through (7),
respectively; and
(v) by amending paragraph (4) (as so
redesignated) to read as follows:
``(4)(A) If in a civil action brought against a vaccine
administrator or manufacturer for a vaccine-related injury or
death damages are awarded under a judgment of a court or a
settlement of such action, the person who brought such action
may not file a petition under subsection (b) for such injury or
death, and any pending petition for such injury or death shall
be dismissed.
``(B) If compensation is awarded for a petition filed under
the Program for a vaccine-related injury or death, the person
who filed such petition may not bring a civil action against a
vaccine administrator or manufacturer for such injury or death,
and any pending civil action for such injury or death shall be
dismissed.''; and
(B) in subsection (c)(1)(B)(i)(III), by striking
``not later than 6 months''.
(2) Limitations of actions.--
(A) In general.--Section 2116 of the Public Health
Service Act (42 U.S.C. 300aa-16) is amended--
(i) in subsection (a)--
(I) in paragraph (2), by striking
``no petition may be filed for
compensation under the Program for such
injury after the expiration of 36
months after the date of the occurrence
of the first symptom or manifestation
of onset or of the significant
aggravation of such injury'' and
inserting ``unless prohibited by
section 2111(a)(4)(A), a petition may
be filed for compensation under the
Program for such injury at any time'';
and
(II) in paragraph (3), by striking
``no petition may be filed for
compensation under the Program for such
death after the expiration of 24 months
from the date of the death and no such
petition may be filed more than 48
months after the date of the occurrence
of the first symptom or manifestation
of onset or of the significant
aggravation of the injury from which
the death resulted'' and inserting
``unless prohibited by section
2111(a)(4)(A), a petition may be filed
for compensation under the Program for
such death at any time''; and
(ii) in subsection (b)--
(I) by striking ``notwithstanding
section 2111(b)(2)'' and inserting
``notwithstanding section 2111(b)(2),
and unless prohibited by section
2111(a)(4)(A)'';
(II) by striking ``not later than 2
years after the effective date of the
revision'' and inserting ``at any
time'';
(III) by striking ``table if--''
and inserting ``table if such vaccine-
related injury or death occurred before
the effective date of this part.''; and
(IV) by striking paragraphs (1) and
(2).
(B) Retroactivity.--The amendments made by
subparagraph (A) shall apply as if included in the
enactment of section 2116 of the Public Health Service
Act (42 U.S.C. 300aa-16).
(3) Repeals.--
(A) Election.--Section 2121(a) of the Public Health
Service Act (42 U.S.C. 300aa-21(a)) is repealed.
(B) Standards of responsibility.--Section 2122 of
the Public Health Service Act (42 U.S.C. 300aa-22) is
repealed.
(C) Trial.--Section 2123 of the Public Health
Service Act (42 U.S.C. 300aa-23) is repealed.
(4) Conforming amendments.--
(A) Attorneys' fees.--Section 2115(e) of the Public
Health Service Act (42 U.S.C. 300aa-15(e)) is amended--
(i) by striking paragraph (2); and
(ii) by redesignating paragraph (3) as
paragraph (2).
(B) Payment of compensation.--Section 2115(f) of
the Public Health Service Act (42 U.S.C. 300aa-15(f))
is amended--
(i) by striking paragraph (1);
(ii) by redesignating paragraphs (2)
through (4) as paragraphs (1) through (3),
respectively;
(iii) in paragraph (1) (as so
redesignated), by striking ``Such compensation
may not be paid after an election under section
2121(a) to file a civil action for damages for
the vaccine-related injury or death for which
such compensation was awarded.''; and
(iv) in paragraph (3)(B) (as so
redesignated), by striking ``If the
appropriations under subsection (j) are
insufficient to make a payment of an annual
installment, the limitation on civil actions
prescribed by section 2121(a) shall not apply
to a civil action for damages brought by the
petitioner entitled to the payment.''.
(C) State limitations of actions.--Section 2116(c)
of the Public Health Service Act (42 U.S.C. 300aa-
16(c)) is amended by striking ``an election is made
under section 2121(a) to file the civil action'' and
inserting ``judgment is entered by the United States
Court of Federal Claims (or, if an appeal is taken
under section 2112(f), the appellate court's mandate is
issued) with respect to the petition''.
(D) Termination of program.--Section 2134(b)(1) of
the Public Health Service Act (42 U.S.C. 300aa-
34(b)(1)) is amended--
(i) by striking ``and accepted under
section 2121(a)''; and
(ii) by striking ``Section 2111(a) and part
B shall not apply to civil actions for damages
for a vaccine-related injury or death for which
a petition may not be filed because of
subparagraph (B).''.
(b) Excluding COVID-19 Vaccines From Definition of Covered
Countermeasure.--Section 319F-3(i)(1) of the Public Health Service Act
(42 U.S.C. 247d-6d(i)(1)) is amended to read as follows:
``(1) Covered countermeasure.--The term `covered
countermeasure'--
``(A) means--
``(i) a qualified pandemic or epidemic
product (as defined in paragraph (7));
``(ii) a security countermeasure (as
defined in section 319F-2(c)(1)(B));
``(iii) a drug (as such term is defined in
section 201(g)(1) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 321(g)(1)),
biological product (as such term is defined by
section 351(i) of this Act), or device (as such
term is defined by section 201(h) of the
Federal Food, Drug and Cosmetic Act (21 U.S.C.
321(h)) that is authorized for emergency use in
accordance with section 564, 564A, or 564B of
the Federal Food, Drug, and Cosmetic Act; or
``(iv) a respiratory protective device that
is approved by the National Institute for
Occupational Safety and Health under part 84 of
title 42, Code of Federal Regulations (or any
successor regulations), and that the Secretary
determines to be a priority for use during a
public health emergency declared under section
319; and
``(B) does not include any vaccine used to
mitigate, prevent, or treat COVID-19.''.
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