Vaccine Injury Compensation Modernization Act of 2026
- Sponsor
- Rep. Doggett, Lloyd [D-TX-37]
- Committees
- Ways and Means Committee (primary)
- Last action
- Jul 14, 2026
Bottom line
The bill modernizes and expands the VICP to address contemporary vaccine landscapes and improve claimant compensation, funded by an increased excise tax on a broader range of vaccines, while maintaining manufacturer liability protections.
What it actually does
This bill significantly updates the Vaccine Injury Compensation Program (VICP) by increasing the number of special masters, expanding eligibility for compensation to include vaccines administered to adults and pregnant women, and substantially raising the maximum compensation for vaccine-related death and pain and suffering. Crucially, it adds COVID-19 vaccines and several other new vaccines to the Vaccine Injury Table, making them eligible for VICP compensation, while simultaneously increasing the excise tax on vaccines to fund these changes. The bill also preserves existing liability protections for vaccine manufacturers under the PREP Act for covered countermeasures like COVID-19 vaccines.
Proponents argue
Proponents argue that the bill is a vital modernization of the VICP, ensuring that the program remains fair, efficient, and responsive to public health needs. They contend that increasing compensation limits, expanding eligibility to adults and pregnant women, and including newer vaccines like those for COVID-19, RSV, and shingles, addresses critical gaps in the current system. Supporters highlight that the changes will improve access to justice for individuals who experience rare but serious vaccine injuries, thereby bolstering public confidence in vaccination programs.
Opponents contend
Opponents, if any, might raise concerns about the substantial increase in compensation amounts and the expansion of vaccine types covered, potentially straining the Vaccine Injury Compensation Trust Fund despite the proposed excise tax increase. They could argue that the financial burden on vaccine manufacturers and, ultimately, consumers through higher vaccine costs might negatively impact vaccine accessibility or innovation. Some might also question the continued preservation of broad liability protections for manufacturers under the PREP Act, even as compensation pathways are expanded.
The bill is moderately complex due to its legal amendments and references to existing statutes. An informed reader would need adequate time to understand its full implications, particularly the interplay between the VICP and PREP Act liability rules.
Section 2(a)
Increase Number and Terms of Special Masters
This provision amends the Public Health Service Act to increase the minimum number of Special Masters in the Vaccine Injury Compensation Program (VICP) from 'not more than 8' to 'not less than 10'. It also changes their appointment terms, establishing an initial 4-year term and allowing for reappointments of up to 8 years each. Additionally, it requires more detailed reporting on pending petitions and scheduled hearings, including recommendations for additional special masters.
Supporters argue
Supporters argue that increasing the number of special masters and improving reporting requirements will significantly reduce the backlog of vaccine injury claims and expedite the resolution process, making the VICP more efficient and responsive to petitioners.
Critics contend
No specific opposition is typically raised against increasing judicial capacity to address backlogs, though some might express concern about the associated administrative costs if not adequately funded.
Tradeoffs
The provision aims to balance the need for timely adjudication of claims with the administrative and financial resources required to expand the special master corps.
Section 2(b)
Expand CDC Recommendations for Vaccine Injury Table
This section amends the Public Health Service Act to expand the scope of CDC recommendations for vaccines to be added to the Vaccine Injury Table. It changes the focus from only vaccines routinely administered to children to include those administered to children, adults, or pregnant women. It also shortens the timeframe for the Secretary of HHS to act on these recommendations from within 2 years to within 6 months.
Section 2(c)
Increase Compensation for Death and Pain and Suffering
This provision significantly increases the maximum compensation amounts available under the VICP. For a vaccine-related death, the award is increased from $250,000 to $600,000. For actual and projected pain and suffering and emotional distress from a vaccine-related injury, the award limit is also increased from $250,000 to $600,000.
Section 2(d)
Increase Statute of Limitations for Filing Claims
This section extends the statute of limitations for filing a petition under the VICP. It changes the period from 36 months (3 years) to 5 years after the date of the first symptom or manifestation of onset of the vaccine-related injury.
Section 3(a), (b), (c), (d), (e)
Treatment of COVID-19 and Other Vaccines in VICP
This section mandates the Secretary of HHS to add COVID-19 vaccines to the Vaccine Injury Table within 60 days of enactment, making individuals who received them eligible for VICP compensation. It clarifies that the Countermeasures Injury Compensation Program (CICP) is a concurrent remedy, but does not otherwise impact VICP availability. Crucially, it explicitly states that nothing in the Act affects or limits the liability protections for covered countermeasures under the PREP Act, meaning civil actions related to COVID-19 vaccines remain subject to PREP Act procedures, even if a VICP petition is filed.
Section 4
Professional Judgment Budget for VICP and CICP
This section requires the Secretary of Health and Human Services, in consultation with the Attorney General, to submit a budget outlining resource needs for the National Vaccine Injury Compensation Program (VICP) and the Countermeasures Injury Compensation Program (CICP) for fiscal years 2027 through 2031. These budgets must include estimates for processing current backlogs and reducing processing times for claims under both programs.
Section 5
Addition of Miscellaneous Vaccines to List of Taxable Vaccines
This section amends the Internal Revenue Code of 1986 to add several new categories of vaccines to the list subject to the vaccine excise tax, which funds the VICP. Specifically, it adds vaccines against dengue, SARS-CoV-2 (COVID-19), respiratory syncytial virus (RSV), and herpes zoster (shingles). It also includes a catch-all provision for any other licensed or emergency-use authorized vaccine that is commercially distributed in the U.S. The effective dates for these additions are tied to either the first day of the first month more than 4 weeks after enactment or the date HHS lists the vaccine for VICP compensation, whichever is later.
Section 6
Increase in Vaccine Excise Tax Rate
This section increases the excise tax rate on each taxable vaccine dose from 75 cents to $2.20. This change will 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.
This subsection explicitly clarifies that nothing in the Act affects or limits the application of the Public Readiness and Emergency Preparedness (PREP) Act (42 U.S.C. 247d-6d), including its liability protections for covered countermeasures. It further states that civil actions related to COVID-19 vaccines (which were covered countermeasures at the time of administration) will remain subject to PREP Act procedures, regardless of whether an individual files a VICP petition and later withdraws it to pursue a civil action.
Section 3(d) - Vaccine Liability Rules
Why it matters:This is standard legislative practice to ensure clarity regarding the interplay of new legislation with existing law, especially when dealing with complex liability frameworks. It prevents unintended repeal or modification of established protections.
Case for: Proponents of this clause argue it provides essential certainty for vaccine manufacturers, ensuring that the expansion of VICP eligibility does not inadvertently undermine the liability protections granted under the PREP Act, which were critical for rapid vaccine development and deployment during the pandemic.
Case against: Critics might argue that by explicitly preserving PREP Act liability protections, the bill limits the legal recourse available to individuals injured by COVID-19 vaccines, even as it expands compensation through VICP. They may contend it creates a less transparent system where manufacturers are shielded from traditional lawsuits despite a no-fault compensation pathway.
Estimated impact: This provision has a significant impact by maintaining the legal shield for vaccine manufacturers against civil lawsuits for COVID-19 vaccines, channeling injury claims primarily through the no-fault VICP or CICP.
This subsection amends Section 4132(a)(2) of the Internal Revenue Code of 1986 to clarify the definition of 'vaccine' for excise tax purposes. It specifies that a vaccine is a product that stimulates active immunity or provides passive immunity for long-term protection through long-acting monoclonal antibody products included in recommendations of the Advisory Committee on Immunization Practices (ACIP) that have been adopted by the Director of the Centers for Disease Control and Prevention (CDC).
Section 5(f) - Clarification of Definition of Vaccine
Why it matters:This is a technical definitional update, common in tax law amendments, ensuring that the scope of the excise tax aligns with evolving medical science and public health recommendations for preventive products, including newer forms of passive immunity.
Case for: Proponents argue this clarification ensures the vaccine excise tax can adapt to new technologies, such as long-acting monoclonal antibodies, that provide similar long-term protection as traditional vaccines and should therefore contribute to the VICP Trust Fund.
Case against: Critics might argue that expanding the definition of 'vaccine' for tax purposes to include certain monoclonal antibody products could broaden the tax burden beyond what is traditionally understood as a vaccine, potentially impacting the cost and accessibility of these preventive treatments.
Estimated impact: This provision broadens the potential future tax base for the Vaccine Injury Compensation Trust Fund by allowing certain non-traditional 'vaccine-like' products to be subject to the excise tax, depending on ACIP/CDC recommendations.