,i #aaith ,,congress #ast ,session ,h4 ,r4 #dffh ,,in ,,the ,,house ,,of ,,representatives ,july #bc1 #bjbe,mr4 ,gosar 7for himself1 ,mr4 ,biggs of ,arizona1 ,ms4 ,boebert1 ,mr4 ,brecheen1 ,mr4 ,burchett1 ,mr4 ,burlison1 ,mr4 ,collins1 ,mr4 ,crane1 ,mr4 ,davidson1 ,mr4 ,donalds1 ,ms4 ,greene of ,georgia1 ,ms4 ,hageman1 ,mr4 ,harris of ,maryland1 ,mr4 ,higgins of ,louisiana1 ,mr4 ,jackson of ,texas1 ,mrs4 ,luna1 ,ms4 ,mace1 ,mr4 ,massie1 ,mrs4 ,miller of ,illinois1 ,mr4 ,mills1 ,mr4 ,moore of ,alabama1 ,mr4 ,nehls1 ,mr4 ,norman1 ,mr4 ,ogles1 ,mr4 ,roy1 ,mr4 ,self1 ,mrs4 ,spartz1 ,mr4 ,steube1 and ,mr4 ,weber of ,texas7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to amend the ,public ,health ,service ,act to end the liability shield for vaccine manufacturers1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,end the ,vaccine ,carveout ,act4 #b4 ,ending liability shield for vaccine manufacturers 7a7 ,national ,vaccine ,injury ,compensation ,program 7#a7 ,petitions for compensation ,section #baaa of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;aa-#aa7 is amended-- 7,a7 in subsection 7a7-- 7i7 by striking paragraphs 7#b71 7#c71 7#e71 and 7#f72 7ii7 by inserting after paragraph 7#a7 the following3 7#b7 ,beginning on the date of enactment of the ,end the ,vaccine ,carveout ,act1 and subject to paragraph 7#d77;,b71 irrespective of whether a person has filed a petition for compensation under the ,program in relation to a vaccine-related injury or death1 such person may bring a civil action against a vaccine administrator or manufacturer in a ,state or ,federal court for damages arising from such injury or death4 2 7iii7 by redesignating paragraph 7#d7 as paragraph 7#c72 7iv7 by redesignating paragraphs 7#g7 through 7#aj7 as paragraphs 7#d7 through 7#g71 respectively2 and 7v7 by amending paragraph 7#d7 7as so redesignated7 to read as follows3 7#d7 7,a7 ,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 action1 the person who brought such action may not file a petition under subsection 7b7 for such injury or death1 and any pending petition for such injury or death shall be dismissed4 7,b7 ,if compensation is awarded for a petition filed under the ,program for a vaccine-related injury or death1 the person who filed such petition may not bring a civil action against a vaccine administrator or manufacturer for such injury or death1 and any pending civil action for such injury or death shall be dismissed4 2 and 7,b7 in subsection 7c77#a77;,b77i77,,iii71 by striking not later than #f months4 7#b7 ,limitations of actions 7,a7 ,in general ,section #baaf of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;aa-#af7 is amended-- 7i7 in subsection 7a7-- 7,i7 in paragraph 7#b71 by striking no petition may be filed for compensation under the ,program for such injury after the expiration of #cf months after the date of the occurrence of the first symptom or manifestation of onset or of the significant aggravation of such injury and inserting unless prohibited by section #baaa7;a77#d77;,a71 a petition may be filed for compensation under the ,program for such injury at any time2 and 7,,ii7 in paragraph 7#c71 by striking no petition may be filed for compensation under the ,program for such death after the expiration of #bd months from the date of the death and no such petition may be filed more than #dh 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 #baaa7;a77#d77;,a71 a petition may be filed for compensation under the ,program for such death at any time2 and 7ii7 in subsection 7b7-- 7,i7 by striking notwithstanding section #baaa7;b77#b7 and inserting notwithstanding section #baaa7;b77#b71 and unless prohibited by section #baaa7;a77#d77;,a72 7,,ii7 by striking not later than #b years after the effective date of the revision and inserting at any time2 7,,iii7 by striking table if-- and inserting table if such vaccine-related injury or death occurred before the effective date of this part42 and 7,,iv7 by striking paragraphs 7#a7 and 7#b74 7,b7 ,retroactivity ,the amendments made by subparagraph 7,a7 shall apply as if included in the enactment of section #baaf of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;aa-#af74 7#c7 ,repeals 7,a7 ,election ,section #baba7;a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;aa-#ba7;a77 is repealed4 7,b7 ,standards of responsibility ,section #babb of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;aa-#bb7 is repealed4 7,c7 ,trial ,section #babc of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;aa-#bc7 is repealed4 7#d7 ,conforming amendments 7,a7 ,attorneys' fees ,section #baae7;e7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;aa-#ae7;e77 is amended-- 7i7 by striking paragraph 7#b72 and 7ii7 by redesignating paragraph 7#c7 as paragraph 7#b74 7,b7 ,payment of compensation ,section #baae7;f7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;aa-#ae7;f77 is amended-- 7i7 by striking paragraph 7#a72 7ii7 by redesignating paragraphs 7#b7 through 7#d7 as paragraphs 7#a7 through 7#c71 respectively2 7iii7 in paragraph 7#a7 7as so redesignated71 by striking ,such compensation may not be paid after an election under section #baba7;a7 to file a civil action for damages for the vaccine-related injury or death for which such compensation was awarded42 and 7iv7 in paragraph 7#c77;,b7 7as so redesignated71 by striking ,if the appropriations under subsection 7j7 are insufficient to make a payment of an annual installment1 the limitation on civil actions prescribed by section #baba7;a7 shall not apply to a civil action for damages brought by the petitioner entitled to the payment44 7,c7 ,state limitations of actions ,section #baaf7;c7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;aa-#af7;c77 is amended by striking an election is made under section #baba7;a7 to file the civil action and inserting judgment is entered by the ,united ,states ,court of ,federal ,claims 7or1 if an appeal is taken under section #baab7;f71 the appellate court's mandate is issued7 with respect to the petition4 7,d7 ,termination of program ,section #bacd7;b77#a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjj;aa-#cd7;b77#a77 is amended-- 7i7 by striking and accepted under section #baba7;a72 and 7ii7 by striking ,section #baaa7;a7 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 7,b744 7b7 ,excluding ,,covid-#ai vaccines from definition of covered countermeasure ,section #cai;,f-#c7;i77#a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d-#f;d7i77#a77 is amended to read as follows3 7#a7 ,covered countermeasure ,the term covered countermeasure-- 7,a7 means-- 7i7 a qualified pandemic or epidemic product 7as defined in paragraph 7#g772 7ii7 a security countermeasure 7as defined in section #cai;,f-#b7;c77#a77;,b772 7iii7 a drug 7as such term is defined in section #bja7;g77#a77 of the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba7;g77#a771 biological product 7as such term is defined by section #cea7;i7 of this ,act71 or device 7as such term is defined by section #bja7;h7 of the ,federal ,food1 ,drug and ,cosmetic ,act 7#ba ,u4,s4,c4 #cba7;h777 that is authorized for emergency use in accordance with section #efd1 #efd;,a1 or #efd;,b of the ,federal ,food1 ,drug1 and ,cosmetic ,act2 or 7iv7 a respiratory protective device that is approved by the ,national ,institute for ,occupational ,safety and ,health under part #hd of title #db1 ,code of ,federal ,regulations 7or any successor regulations71 and that the ,secretary determines to be a priority for use during a public health emergency declared under section #cai2 and 7,b7 does not include any vaccine used to mitigate1 prevent1 or treat ,,covid-#ai4 4