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. HIG-
GINS 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 Com-
mittee 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 Representa-
tives 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’’. 
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SEC. 2. ENDING LIABILITY SHIELD FOR VACCINE MANU-
FACTURERS. 
(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 para-
graph (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 ad-
ministrator 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 
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(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)— 
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(I) in paragraph (2), by striking 
‘‘no petition may be filed for com-
pensation under the Program for such 
injury after the expiration of 36 
months after the date of the occur-
rence of the first symptom or mani-
festation of onset or of the significant 
aggravation of such injury’’ and in-
serting ‘‘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 com-
pensation 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 
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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 re-
vision’’ and inserting ‘‘at any time’’; 
(III) by striking ‘‘table if—’’ and 
inserting ‘‘table if such vaccine-related 
injury or death occurred before the ef-
fective date of this part.’’; and 
(IV) by striking paragraphs (1) 
and (2). 
(B) RETROACTIVITY.—The amendments 
made by subparagraph (A) shall apply as if in-
cluded in the enactment of section 2116 of the 
Public Health Service Act (42 U.S.C. 300aa– 
16). 
(3) REPEALS.— 
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(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 re-
pealed. 
(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.—Sec-
tion 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 redesig-
nated), by striking ‘‘Such compensation 
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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 redes-
ignated), 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 peti-
tioner 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’’. 
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(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 DEFI-
NITION 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 
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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 accord-
ance 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 Regu-
lations (or any successor regulations), and 
that the Secretary determines to be a pri-
ority for use during a public health emer-
gency declared under section 319; and 
‘‘(B) does not include any vaccine used to 
mitigate, prevent, or treat COVID–19.’’. 
Æ 
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