Vaccine Injury Compensation Modernization Act of 2026

(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.