I 
117TH CONGRESS 
2D SESSION 
H. R. 9366 
To amend titles III and XXI of the Public Health Service Act to hold 
vaccine manufacturers liable for injuries caused by vaccines subject to 
a public mandate, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 30, 2022 
Mr. GOHMERT introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To amend titles III and XXI of the Public Health Service 
Act to hold vaccine manufacturers liable for injuries 
caused by vaccines subject to a public mandate, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. MANDATED VACCINE MANUFACTURER LIABIL-
ITY. 
(a) PANDEMIC AND ENDEMIC PRODUCTS.—Section 
319F–3(d) of the Public Health Service Act (42 U.S.C. 
247d–6d(d)) is amended— 
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(1) in paragraph (1), by striking ‘‘subsection 
(f)’’ and inserting ‘‘paragraph (2) of this subsection 
and subsection (f)’’; 
(2) by redesignating paragraph (2) as para-
graph (3); and 
(3) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) VACCINES.—The immunity from suit and 
liability of covered persons set forth in subsection 
(a) shall not apply with respect to the administration 
of a vaccine licensed under section 351 or authorized 
for emergency use under section 564 of the Federal 
Food, Drug, and Cosmetic Act if any agency of the 
Federal Government, any official of the Government, 
any agency of any State government, any official of 
any State government, or any entity that receives 
Federal or State funding, either directly or indi-
rectly, requires the administration of such vaccine or 
provides for any penalty or loss of privileges for the 
refusal to consent to administration of such vac-
cine.’’. 
(b) VACCINE INJURY COMPENSATION PROGRAM.— 
Section 2111(a)(2) of the Public Health Service Act (42 
U.S.C. 300aa–11(a)(2)) is amended— 
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(1) in subparagraph (A), by striking ‘‘No per-
son may’’ and inserting ‘‘Subject to subparagraph 
(C), no person may’’; and 
(2) by adding at the end the following: 
‘‘(C) Subparagraph (A) shall not apply with re-
spect to a vaccine licensed under section 351 or au-
thorized for emergency use under section 564 of the 
Federal Food, Drug, and Cosmetic Act if any agency 
of the Federal Government, any official of the Gov-
ernment, any agency of a State government, any of-
ficial of a State government, or any entity that re-
ceives Federal or State funding, either directly or in-
directly requires the administration of the vaccine or 
provides for any penalty or loss of privileges for the 
refusal to consent to administration of the vaccine.’’. 
(c) VACCINE INJURY TABLE.—Section 2114(c) of the 
Public Health Service Act (42 U.S.C. 300aa–14(c)) is 
amended— 
(1) in paragraph (1), by inserting ‘‘and subject 
to paragraph (5)’’ after ‘‘paragraph (3)’’; and 
(2) by adding at the end the following: 
‘‘(5) Beginning on the date of the enactment of this 
paragraph, the Secretary may not add a vaccine to the 
Vaccine Injury Table if— 
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‘‘(A) the administration of such vaccine is re-
quired by any agency of the Federal Government, 
any official of the Government, or any entity that re-
ceives Federal funding, either directly or indirectly; 
and 
‘‘(B) the vaccine was administered— 
‘‘(i) without first obtaining from the per-
son receiving the vaccine the informed consent 
of that person; or 
‘‘(ii) without such person being provided a 
religious or medical exemption if a request was 
made for such an exemption.’’. 
Æ 
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