I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘End the Vaccine 

5 Carveout Act’’. 


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1 SEC. 2. ENDING LIABILITY SHIELD FOR VACCINE MANU2 FACTURERS. 

3 (a) NATIONAL VACCINE INJURY COMPENSATION

4 PROGRAM.— 

5 (1) PETITIONS FOR COMPENSATION.—Section 

6 2111 of the Public Health Service Act (42 U.S.C. 

7 300aa–11) is amended— 

8 (A) in subsection (a)— 

9 (i) by striking paragraphs (2), (3), 

10 (5), and (6); 

11 (ii) by inserting after paragraph (1) 

12 the following: 

13 ‘‘(2) Beginning on the date of enactment of the 

14 End the Vaccine Carveout Act, and subject to para15 graph (4)(B), irrespective of whether a person has 

16 filed a petition for compensation under the Program 

17 in relation to a vaccine-related injury or death, such 

18 person may bring a civil action against a vaccine ad19 ministrator or manufacturer in a State or Federal 

20 court for damages arising from such injury or 

21 death.’’; 

22 (iii) by redesignating paragraph (4) as 

23 paragraph (3); 

24 (iv) by redesignating paragraphs (7) 

25 through (10) as paragraphs (4) through 

26 (7), respectively; and 


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1 (v) by amending paragraph (4) (as so 

2 redesignated) to read as follows: 

3 ‘‘(4)(A) If in a civil action brought against a 

4 vaccine administrator or manufacturer for a vaccine5 related injury or death damages are awarded under 

6 a judgment of a court or a settlement of such action, 

7 the person who brought such action may not file a 

8 petition under subsection (b) for such injury or 

9 death, and any pending petition for such injury or 

10 death shall be dismissed. 

11 ‘‘(B) If compensation is awarded for a petition 

12 filed under the Program for a vaccine-related injury 

13 or death, the person who filed such petition may not 

14 bring a civil action against a vaccine administrator 

15 or manufacturer for such injury or death, and any 

16 pending civil action for such injury or death shall be 

17 dismissed.’’; and 

18 (B) in subsection (c)(1)(B)(i)(III), by 

19 striking ‘‘not later than 6 months’’. 

20 (2) LIMITATIONS OF ACTIONS.— 

21 (A) IN GENERAL.—Section 2116 of the 

22 Public Health Service Act (42 U.S.C. 300aa– 

23 16) is amended— 

24 (i) in subsection (a)— 


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1 (I) in paragraph (2), by striking 

2 ‘‘no petition may be filed for com3 pensation under the Program for such 

4 injury after the expiration of 36 

5 months after the date of the occur6 rence of the first symptom or mani7 festation of onset or of the significant 

8 aggravation of such injury’’ and in9 serting ‘‘unless prohibited by section 

10 2111(a)(4)(A), a petition may be filed 

11 for compensation under the Program 

12 for such injury at any time’’; and 

13 (II) in paragraph (3), by striking 

14 ‘‘no petition may be filed for com15 pensation under the Program for such 

16 death after the expiration of 24 

17 months from the date of the death 

18 and no such petition may be filed 

19 more than 48 months after the date 

20 of the occurrence of the first symptom 

21 or manifestation of onset or of the 

22 significant aggravation of the injury 

23 from which the death resulted’’ and 

24 inserting ‘‘unless prohibited by section 

25 2111(a)(4)(A), a petition may be filed 


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1 for compensation under the Program 

2 for such death at any time’’; and 

3 (ii) in subsection (b)— 

4 (I) by striking ‘‘notwithstanding 

5 section 2111(b)(2)’’ and inserting 

6 ‘‘notwithstanding section 2111(b)(2), 

7 and unless prohibited by section 

8 2111(a)(4)(A)’’; 

9 (II) by striking ‘‘not later than 2 

10 years after the effective date of the re11 vision’’ and inserting ‘‘at any time’’; 

12 (III) by striking ‘‘table if—’’ and 

13 inserting ‘‘table if such vaccine-related 

14 injury or death occurred before the ef15 fective date of this part.’’; and 

16 (IV) by striking paragraphs (1) 

17 and (2). 

18 (B) RETROACTIVITY.—The amendments 

19 made by subparagraph (A) shall apply as if in20 cluded in the enactment of section 2116 of the 

21 Public Health Service Act (42 U.S.C. 300aa– 

22 16). 

23 (3) REPEALS.— 


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1 (A) ELECTION.—Section 2121(a) of the 

2 Public Health Service Act (42 U.S.C. 300aa– 

3 21(a)) is repealed. 

4 (B) STANDARDS OF RESPONSIBILITY.— 

5 Section 2122 of the Public Health Service Act 

6 (42 U.S.C. 300aa–22) is repealed. 

7 (C) TRIAL.—Section 2123 of the Public 

8 Health Service Act (42 U.S.C. 300aa–23) is re9 pealed. 

10 (4) CONFORMING AMENDMENTS.— 

11 (A) ATTORNEYS’ FEES.—Section 2115(e) 

12 of the Public Health Service Act (42 U.S.C. 

13 300aa–15(e)) is amended— 

14 (i) by striking paragraph (2); and 

15 (ii) by redesignating paragraph (3) as 

16 paragraph (2). 

17 (B) PAYMENT OF COMPENSATION.—Sec18 tion 2115(f) of the Public Health Service Act 

19 (42 U.S.C. 300aa–15(f)) is amended— 

20 (i) by striking paragraph (1); 

21 (ii) by redesignating paragraphs (2) 

22 through (4) as paragraphs (1) through (3), 

23 respectively; 

24 (iii) in paragraph (1) (as so redesig25 nated), by striking ‘‘Such compensation 


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1 may not be paid after an election under 

2 section 2121(a) to file a civil action for 

3 damages for the vaccine-related injury or 

4 death for which such compensation was 

5 awarded.’’; and 

6 (iv) in paragraph (3)(B) (as so redes7 ignated), by striking ‘‘If the appropriations 

8 under subsection (j) are insufficient to 

9 make a payment of an annual installment, 

10 the limitation on civil actions prescribed by 

11 section 2121(a) shall not apply to a civil 

12 action for damages brought by the peti13 tioner entitled to the payment.’’. 

14 (C) STATE LIMITATIONS OF ACTIONS.— 

15 Section 2116(c) of the Public Health Service 

16 Act (42 U.S.C. 300aa–16(c)) is amended by 

17 striking ‘‘an election is made under section 

18 2121(a) to file the civil action’’ and inserting 

19 ‘‘judgment is entered by the United States 

20 Court of Federal Claims (or, if an appeal is 

21 taken under section 2112(f), the appellate 

22 court’s mandate is issued) with respect to the 

23 petition’’. 


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1 (D) TERMINATION OF PROGRAM.—Section 

2 2134(b)(1) of the Public Health Service Act 

3 (42 U.S.C. 300aa–34(b)(1)) is amended— 

4 (i) by striking ‘‘and accepted under 

5 section 2121(a)’’; and 

6 (ii) by striking ‘‘Section 2111(a) and 

7 part B shall not apply to civil actions for 

8 damages for a vaccine-related injury or 

9 death for which a petition may not be filed 

10 because of subparagraph (B).’’. 

11 (b) EXCLUDING COVID–19 VACCINES FROM DEFI12 NITION OF COVERED COUNTERMEASURE.—Section 319F– 

13 3(i)(1) of the Public Health Service Act (42 U.S.C. 247d– 

14 6d(i)(1)) is amended to read as follows: 

15 ‘‘(1) COVERED COUNTERMEASURE.—The term 

16 ‘covered countermeasure’— 

17 ‘‘(A) means— 

18 ‘‘(i) a qualified pandemic or epidemic 

19 product (as defined in paragraph (7)); 

20 ‘‘(ii) a security countermeasure (as 

21 defined in section 319F–2(c)(1)(B)); 

22 ‘‘(iii) a drug (as such term is defined 

23 in section 201(g)(1) of the Federal Food, 

24 Drug, and Cosmetic Act (21 U.S.C. 

25 321(g)(1)), biological product (as such 


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1 term is defined by section 351(i) of this 

2 Act), or device (as such term is defined by 

3 section 201(h) of the Federal Food, Drug 

4 and Cosmetic Act (21 U.S.C. 321(h)) that 

5 is authorized for emergency use in accord6 ance with section 564, 564A, or 564B of 

7 the Federal Food, Drug, and Cosmetic 

8 Act; or 

9 ‘‘(iv) a respiratory protective device 

10 that is approved by the National Institute 

11 for Occupational Safety and Health under 

12 part 84 of title 42, Code of Federal Regu13 lations (or any successor regulations), and 

14 that the Secretary determines to be a pri15 ority for use during a public health emer16 gency declared under section 319; and 

17 ‘‘(B) does not include any vaccine used to 

18 mitigate, prevent, or treat COVID–19.’’. 

Æ 


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