[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9672 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 9672
To amend the Public Health Service Act to make updates to the Vaccine
Injury Compensation Program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 14, 2026
Mr. Doggett (for himself and Mr. Smucker) introduced the following
bill; which was referred to the Committee on Energy and Commerce, and
in addition to the Committee on Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To amend the Public Health Service Act to make updates to the Vaccine
Injury Compensation Program, 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 ``Vaccine Injury Compensation
Modernization Act of 2026''.
SEC. 2. CHANGES TO VACCINE INJURY COMPENSATION PROGRAM.
(a) Special Masters.--
(1) Establish minimum number of special masters.--Section
2112(c)(1) of the Public Health Service Act (42 U.S.C. 300aa-
12(c)(1)) is amended by striking ``not more than 8'' and
inserting ``not less than 10''.
(2) Terms.--Section 2112(c)(4) of the Public Health Service
Act (42 U.S.C. 300aa-12(c)(4)) is amended to read as follows:
``(4) The appointment of any individual as a special master
shall be for an initial term of 4 years, subject to termination
under paragraphs (2) and (3). An individual appointed as
special master may be reappointed to serve one or more
additional terms of up to 8 years each, pursuant to paragraph
(1), and subject to termination under paragraphs (2) and
(3).''.
(3) Additional reporting requirements.--Section
2112(c)(6)(E) of the Public Health Service Act (42 U.S.C.
300aa-12(c)(6)(E)) is amended--
(A) by inserting after ``disposition of
petitions,'' the following: ``the number of petitions
filed that are pending disposition, the number of
hearings scheduled with respect to a pending
disposition,''; and
(B) by inserting ``, including recommendations on
whether additional special masters are needed to ensure
an expeditious and fair resolution of petitions or
otherwise improve the Program'' after ``in the
Program''.
(b) Recommendations From CDC.--Section 2114(e)(2) of the Public
Health Service Act (42 U.S.C. 300aa-14(e)(2)) is amended--
(1) in the matter preceding subparagraph (A)--
(A) by striking ``routine administration to
children'' and inserting ``administration to children,
adults, or pregnant women''; and
(B) by striking ``within 2 years of'' and inserting
``within 6 months of''; and
(2) in subparagraph (A), by striking ``routine
administration to children'' and inserting ``administration to
children, adults, or pregnant women''.
(c) Increase in Compensation.--
(1) Compensation for death.--Section 2115(a)(2) of the
Public Health Service Act (42 U.S.C. 300aa-15(a)(2)) is amended
to read as follows:
``(2) In the event of a vaccine-related death, an award of
$600,000.''.
(2) Compensation for pain and suffering.--Section
2115(a)(4) of the Public Health Service Act (42 U.S.C. 300aa-
15(a)(4)) is amended to read as follows:
``(4) For actual and projected pain and suffering and
emotional distress from the vaccine-related injury, an award
not to exceed $600,000.''.
(d) Increase Statute of Limitations.--Section 2116(a)(2) of the
Public Health Service Act (42 U.S.C. 300aa-16(a)(2)) is amended by
striking ``36 months'' and inserting ``5 years''.
(e) Program Integrity.--
(1) Including medical records in petitions.--Section
2111(a)(2)(A) of the Public Health Service Act (42 U.S.C.
300aa-11(a)(2)(A)) is amended, in the matter preceding clause
(i), by inserting ``that includes the medical records and other
information required under subsection (c) (including, if
applicable, an identification of unavailable records and
explanation of unavailability pursuant to subsection (c)(3))''
after ``unless a petition''.
(2) Decision timing for special masters.--Section
2112(d)(3)(A)(ii) of the Public Health Service Act (42 U.S.C.
300aa-12(d)(3)(A)(ii)) is amended by striking ``the petition
was filed'' and inserting ``on which the petition and the
medical records and other information required to be filed with
such petition under section 2111(c) was filed''.
SEC. 3. TREATMENT OF COVID-19 VACCINES.
(a) Vaccine Injury Table.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Health and Human Services
shall promulgate regulations to add, in accordance with section
2114(c)(3) of the Public Health Service Act (42 U.S.C. 300aa-14(c)(3)),
COVID-19 vaccines to the Vaccine Injury Table. In promulgating such
regulations, the Secretary shall provide for notice and opportunity for
a public hearing and at least 30 days of public comment.
(b) Eligibility for Compensation.--Notwithstanding sections 319F-3
and 319F-4 of the Public Health Service Act (42 U.S.C. 247d-6d; 42
U.S.C. 247d-6e), any individual who received a COVID-19 vaccine, or any
other vaccine that is added to the Vaccine Injury Table pursuant to
section 2114 of such Act (42 U.S.C. 300aa-14), shall be eligible to
file a petition for compensation under section 2111 of such Act (42
U.S.C. 300aa-11), subject to the requirements of section 2116 of such
Act (42 U.S.C. 300aa-16).
(c) Concurrent Remedy.--Section 2115(g) of the Public Health
Service Act (42 U.S.C. 300aa-15(g)) is amended by striking the period
at the end and inserting ``, or (3) under the Countermeasures Injury
Compensation Program under sections 319F-3 and 319F-4, which shall be
considered a concurrent remedy. Sections 319F-3 and 319F-4 shall not
otherwise impact the availability of compensation under this Act, with
respect to a vaccine-related injury or vaccine-related death''.
(d) Vaccine Liability Rules.--
(1) In general.--Nothing in this section, or any amendment
made by this Act, shall be construed to affect or limit the
application of section 319F-3 of the Public Health Service Act
(42 U.S.C. 247d-6d) (including the liability protections for
covered countermeasures provided under such section) and any
declaration made under such section 319F-3, or any amendments
made to such a declaration.
(2) COVID-19 vaccines.--Any civil action (other than a
petition for compensation under the National Vaccine Injury
Compensation Program pursuant to section 2111 of the Public
Health Service Act (42 U.S.C. 300aa-11)) that is related to the
administration to an individual of a COVID-19 vaccine which
was, at the time of administration, a covered countermeasure,
will be subject to the procedures specified in section 319F-3
of the Public Health Service Act (42 U.S.C. 247d-6d),
regardless of whether the individual involved has filed a
petition for compensation pursuant to section 2111 of the
Public Health Service Act (42 U.S.C. 300aa-11) and elects,
pursuant to section 2121 of such Act (42 U.S.C. 300aa-21), to
withdraw the petition or to file a civil action instead of
accepting the compensation or judgment on the petition.
(3) Time-barred and final actions.--Nothing in this Act
shall be construed to allow any civil action (other than a
petition for compensation under the National Vaccine Injury
Compensation Program pursuant to section 2111 of the Public
Health Service Act (42 U.S.C. 300aa-11)) if, on the date of
enactment of this Act, such civil action was time-barred under
applicable law or that was the subject of a final judgment or
order.
(e) COVID-19 Vaccine Defined.--In this section, the term ``COVID-19
vaccine'' refers to any vaccine that is intended to prevent, mitigate,
or limit the harm from COVID-19, or the transmission of SARS-CoV-2 or a
virus mutating therefrom, including any vaccine that is licensed under
section 351 of the Public Health Service Act (42 U.S.C. 262) or
authorized for emergency use under section 564 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 360bbb-3), regardless of the platform
or technology used to produce such vaccine.
SEC. 4. PROFESSIONAL JUDGMENT BUDGET.
(a) In General.--The Secretary of Health and Human Services--
(1) in consultation with the Attorney General, shall submit
a budget outlining the resource needs for each agency for
purposes of carrying out the National Vaccine Injury
Compensation Program under subtitle 2 of title XXI of such Act
(42 U.S.C. 300aa-10 et seq.) for fiscal years 2027 through
2031; and
(2) shall submit a budget outlining resource needs for
purposes of carrying out the Countermeasures Injury
Compensation Program under section 319F-4 of the Public Health
Service Act (42 U.S.C. 247d-6e) for fiscal years 2027 through
2031.
(b) Inclusions.--The budgets described in paragraphs (1) and (2) of
subsection (a) shall include estimates of both--
(1) the resources necessary to process current backlogs
under each program referred to in such subsection; and
(2) each program's ability to reduce processing times for
claims under the programs referred to in such paragraphs.
SECTION 5. ADDITION OF MISCELLANEOUS VACCINES TO LIST OF TAXABLE
VACCINES.
(a) Dengue Vaccine.--
(1) In general.--Section 4132(a)(1) of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
subparagraph:
``(Q) Any vaccine against dengue.''.
(2) Effective date.--
(A) Sales, etc.--The amendment made by paragraph
(1) shall apply to sales and uses on or after the later
of--
(i) the first day of the first month which
begins more than 4 weeks after the date of the
enactment of this Act, or
(ii) the date on which the Secretary of
Health and Human Services lists any vaccine
against dengue (other than any vaccine against
dengue listed by the Secretary prior to the
date of the enactment of this Act) for purposes
of compensation for any vaccine-related injury
or death through the Vaccine Injury
Compensation Trust Fund.
(B) Deliveries.--For purposes of subparagraph (A)
and section 4131 of the Internal Revenue Code of 1986,
in the case of sales on or before the effective date
described in such subparagraph for which delivery is
made after such date, the delivery date shall be
considered the sale date.
(b) SARS-CoV-2 Vaccine.--
(1) In general.--Section 4132(a)(1) of the Internal Revenue
Code of 1986, as amended by subsection (a)(1), is amended by
adding at the end the following new subparagraph:
``(R) Any vaccine against SARS-CoV-2.''.
(2) Effective date.--
(A) Sales, etc.--The amendment made by paragraph
(1) shall apply to sales and uses on or after the later
of--
(i) the first day of the first month which
begins more than 4 weeks after the date of the
enactment of this Act, or
(ii) the date on which the Secretary of
Health and Human Services lists any vaccine
against SARS-CoV-2 (other than any vaccine
against SARS-CoV-2 listed by the Secretary
prior to the date of the enactment of this Act)
for purposes of compensation for any vaccine-
related injury or death through the Vaccine
Injury Compensation Trust Fund.
(B) Deliveries.--
(i) In general.--Except as provided in
clause (ii), for purposes of subparagraph (A)
and section 4131 of the Internal Revenue Code
of 1986, in the case of sales on or before the
effective date described in such subparagraph
for which delivery is made after such date, the
delivery date shall be considered the sale
date.
(ii) Exception.--Clause (i) shall not apply
to any sale to the United States Government.
(c) Respiratory Syncytial Virus Vaccine.--
(1) In general.--Section 4132(a)(1) of the Internal Revenue
Code of 1986, as amended by subsection (b)(1), is amended by
adding at the end the following new subparagraph:
``(S) Any vaccine against respiratory syncytial
virus.''.
(2) Effective date.--
(A) Sales, etc.--The amendment made by paragraph
(1) shall apply to sales and uses on or after the later
of--
(i) the first day of the first month which
begins more than 4 weeks after the date of the
enactment of this Act, or
(ii) the date on which the Secretary of
Health and Human Services lists any vaccine
against respiratory syncytial virus (other than
any vaccine against respiratory syncytial virus
listed by the Secretary prior to the date of
the enactment of this Act) for purposes of
compensation for any vaccine-related injury or
death through the Vaccine Injury Compensation
Trust Fund.
(B) Deliveries.--For purposes of subparagraph (A)
and section 4131 of the Internal Revenue Code of 1986,
in the case of sales on or before the effective date
described in such subparagraph for which delivery is
made after such date, the delivery date shall be
considered the sale date.
(d) Herpes Zoster (shingles) Vaccine.--
(1) In general.--Section 4132(a)(1) of the Internal Revenue
Code of 1986, as amended by subsection (c)(1), is amended by
adding at the end the following new subparagraph:
``(T) Any vaccine against herpes zoster
(shingles).''.
(2) Effective date.--
(A) Sales, etc.--The amendment made by paragraph
(1) shall apply to sales and uses on or after the later
of--
(i) the first day of the first month which
begins more than 4 weeks after the date of the
enactment of this Act, or
(ii) the date on which the Secretary of
Health and Human Services lists any vaccine
against herpes zoster (shingles) (other than
any vaccine against herpes zoster (shingles)
listed by the Secretary prior to the date of
the enactment of this Act) for purposes of
compensation for any vaccine-related injury or
death through the Vaccine Injury Compensation
Trust Fund.
(B) Deliveries.--For purposes of subparagraph (A)
and section 4131 of the Internal Revenue Code of 1986,
in the case of sales on or before the effective date
described in such subparagraph for which delivery is
made after such date, the delivery date shall be
considered the sale date.
(e) Routinely Administered Vaccines.--
(1) In general.--Section 4132(a)(1) of the Internal Revenue
Code of 1986, as amended by subsection (d)(1), is amended by
adding at the end the following new subparagraph:
``(U) Any vaccine not described in this paragraph--
``(i) which either--
``(I) is licensed under section 351
of the Public Health Service Act, or
``(II) is authorized for emergency
use under section 564 of the Federal
Food, Drug, and Cosmetic Act, and
``(ii) which is commercially distributed in
the United States.''.
(2) Effective date.--
(A) Sales, etc.--The amendment made by paragraph
(1) shall apply to sales and uses of vaccines described
in subparagraph (U) of section 4132(a)(1) of the
Internal Revenue Code of 1986, as amended by paragraph
(1), on or after the later of--
(i) the first day of the first month which
begins more than 4 weeks after the date of the
enactment of this Act, or
(ii) the date on which the Secretary of
Health and Human Services lists any such
vaccine (other than any such vaccine listed by
the Secretary prior to the date of the
enactment of this Act) for purposes of
compensation for any vaccine-related injury or
death through the Vaccine Injury Compensation
Trust Fund.
(B) Deliveries.--For purposes of subparagraph (A)
and section 4131 of the Internal Revenue Code of 1986,
in the case of sales on or before the effective date
described in such subparagraph for which delivery is
made after such date, the delivery date shall be
considered the sale date.
(f) Clarification of Definition of Vaccine.--
(1) In general.--Section 4132(a)(2) of the Internal Revenue
Code of 1986 is amended by inserting ``by stimulating active
immunity or by providing passive immunity for long-term
protection through long-acting monoclonal antibody products
included in recommendations of the Advisory Committee on
Immunization Practices that have been adopted by the Director
of the Centers for Disease Control and Prevention'' before the
period.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to sales and uses on or after the date of the
enactment of this Act.
(g) Notification Requirement.--
(1) In general.--Not later than 30 days after a vaccine--
(A) is either--
(i) licensed under section 351 of the
Public Health Service Act, or
(ii) authorized for emergency use under
section 564 of the Federal Food, Drug, and
Cosmetic Act, and
(B) is first commercially distributed in the United
States,
the Secretary of Health and Human Services shall provide notice
of such license or authorization to the appropriate recipients.
(2) Appropriate recipients.--For purposes of paragraph (1),
the term ``appropriate recipients'' means--
(A) the Secretary of the Treasury,
(B) the Committees on Ways and Means and Energy and
Commerce of the House of Representatives, and
(C) the Committees on Finance and Health,
Education, Labor, and Pensions of the Senate.
SEC. 6. INCREASE IN VACCINE EXCISE TAX.
(a) In General.--Section 4131(b)(1) of the Internal Revenue Code of
1986 is amended by striking ``75 cents'' and inserting ``$2.20''.
(b) Effective Date.--The amendment made by this section shall apply
to sales and uses on or after the first day of the first month which
begins more than 6 months after the date of the enactment of this Act.
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