[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5330 Introduced in House (IH)]
106th CONGRESS
2d Session
H. R. 5330
To amend the Vaccine Injury Compensation Program, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 28, 2000
Mr. Nadler introduced the following bill; which was referred to the
Committee on Commerce
_______________________________________________________________________
A BILL
To amend 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 Program
Corrective Amendments of 2000''.
SEC. 2. PURPOSE OF PROGRAM.
Section 2110(a) of the Public Health Service Act (42 U.S.C. 300aa-
10(a)) is amended by adding the following sentence: ``This compensation
program is a remedial program that is to be liberally construed, both
as to causation and damages, in a fashion that gives broad effect to
the remedial purpose of this statute. Concepts of sovereign immunity do
not apply in this program.''
SEC. 3. THE BURDEN OF PROOF.
The following changes shall be effective for all pending claims and
all claims hereinafter filed:
(1) Section 2113(a)(1)(A) of such Act (42 U.S.C. 300aa-
13(a)(1)(A)) is amended by striking ``a preponderance of the
evidence'', and inserting in its place to following:
``submitting evidence sufficient to justify a belief by a fair
and impartial individual that petitioner's claims are well
grounded as to''.
(2) Section 2113(a)(1) of such Act (42 U.S.C. 300aa-
13(a)(1)) is amended by adding the following new subparagraph:
``(C) When, after consideration of all evidence and material of
record in a case, there is an approximate balance of positive
and negative evidence, while applying the burdens of proof as
amended, regarding the merits of an issue material to the
determination of the matter, the benefit of the doubt in
resolving each such issue shall be given to petitioner.
(3) Section 2113(a)(2)(B) of such Act (42 U.S.C. 300aa-
13(a)(2)(B)) is amended by inserting after ``or other material
in the record,''the following word ``only''and by inserting a
comma (,) following the term ``metabolic disturbances''.
(4) Section 2113(a)(2) of such Act (42 U.S.C. 300aa-
13(a)(2)) is amended by adding the following additional
subparagraph:``(C) any defense raised by respondent that the
illness, disability, injury, condition, or death described in
the petition was in fact due to factors unrelated to the
administration of the vaccine must be proved by clear and
convincing evidence and may not be made on the basis of a
repudiation of the Vaccine Injury Table.''
(5) Section 2113(b)(1) of such Act (42 U.S.C. 300aa-
13(b)(1)) is amended by inserting a period ``.'' after ``the
special master or court shall consider the entire record''.
Immediately after the newly inserted period, the section is
further amended by striking the word ``and'' and inserting the
language between the newly inserted period and ``the course of
the injury'', as follows: ``In the evaluation of damages and
future needs, the special master shall consider''.
SEC. 4. COMPENSATION ISSUES.
(a) Section 2115(a)(1)(A) of such Act (42 U.S.C. 300aa-15(a)(1)(A))
is amended by adding the following additional clause: ``(iv) are
necessary for the establishment and maintenance of a trust to receive
program funds.''.
(b) Section 2115(a)(4) of such Act (42 U.S.C. 300aa-15(a)(4)) is
amended by adding the following additional sentence: ``No reduction to
net present value shall be applied to this portion of a petitioner's
award.''.
(c) Section 2115(a) of such Act (42 U.S.C. 300aa-15(a)) is amended
by adding the following additional paragraph: ``(5) Actual
unreimbursable expenses that have been or will be incurred for family
counseling and/or training determined to be reasonably necessary and
that result from the vaccine-related injury for which the petitioner
seeks compensation.''.
(d) Section 2115(b)(3) of such Act (42 U.S.C. 300aa-15(b)(3)) is
amended by striking this subsection.
(e) Section 2115(e) of such Act (42 U.S.C. 300aa-15(e)) is amended
by adding the following additional paragraph: ``(4) A petitioner, and/
or an attorney representing a petitioner may file applications for
payment of fees and/or reimbursement of costs associated with the
representation of a petitioner during the pendency of a pre or post
October 1, 1988, injury claim. Each such application for payment of
fees and/or costs may not be made more frequently than once every 90
days. Payment of fees and costs, whether interim or final, shall be
made directly to the party claiming the fee and/or cost.''.
SEC. 5. LIMITATIONS OF ACTIONS.
(a) Section 2116(a)(2) of such Act (42 U.S.C. 300aa-16(a)(2)) is
amended by striking the number ``36''and inserting in its place the
number ``72''.
(b) Section 2116(a)(3) of such Act (42 U.S.C. 300aa-16(a)(3)) is
amended by striking the number ``24''and inserting in its place the
number ``36'' and by striking the number ``48'' and inserting in its
place the number ``72''.
(c) Section 2116(a) of such Act (42 U.S.C. 300aa-16(a)) is amended
by adding the following new paragraph: ``(4) Notwithstanding the
limitations contained in sections 1 through 3 above, the time period
for filing a petition shall be extended an additional 36 months from
the date the petitioner/or their legal representative first knew or
reasonably should have known that petitioner may have been eligible for
compensation under this program. (This includes knowledge not only that
the injuries and/or death may have been caused by the vaccine, but also
that a petition under this program was a potential remedy).
(d) Section 2116(b) of such Act (42 U.S.C. 300aa-16(b)) is amended
by striking ``2 years''and inserting in its place the following: ``72
months''.
(e) Section 2116 of such Act (42 U.S.C. 300aa-16) is amended by
adding the following new subsection: ``(d) The statute of limitations
for filing a petition in this program shall be tolled until petitioner
reaches the age of 18, and, if a petitioner is incompetent, until 24
months after a guardian is appointed or otherwise qualified by a court
of competent jurisdiction.''.
(f) Section 2116 of such Act (42 U.S.C. 300aa-16) is amended by
adding the following new subsection: ``(e) Notwithstanding the
provisions of Section 2114(c)(4) (42 U.S.C. 300aa-14(c)(4)) or Section
2111(b)(2) (42 U.S.C. 300aa-11(b)(2)), if a petitioner who previously
filed a petition under this program was denied compensation because of:
(1) failure to satisfy the former $1,000 unreimbursed expenses
requirement of section 300aa-11(c)(1)(D) (I); (2) failure to prove
causation of an injury which would now fit under the Table of Injuries
as set forth in Section 300aa-14 (a), as amended; (3) failure to
satisfy the filing deadlines set forth in Section 300aa-14, if the
petitioner would have satisfied the limitations of actions provisions
as herein amended; or (4) failure to comply with any other requirement
of the program, if the petitioner would have received compensation if
the statute, as now amended, had been in effect, the petitioner shall
have the right to refile his/her claim within 72 months after reaching
the age of majority or within 72 months after the effective date of
these amendments, which ever is greater.
(g) Section 2115(e) of such Act (42 U.S.C. 300aa-15(e)) is amended
by adding the following additional paragraph: ``(4) A petitioner, and/
or an attorney representing a petitioner may file applications for
payment of fees and/or reimbursement of costs associated with the
representation of a petitioner during the pendency of a pre or post
October 1, 1988, injury claim. Each such application for payment of
fees and/or costs may not be made more frequently than once every 90
days. Payment of fees and costs, whether interim or final, shall be
made directly to the party claiming the fee and/or cost.''
<all>