Vaccine Injury Compensation Modernization Act of 2026

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9672 Introduced in House (IH)]

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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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