I
107TH CONGRESS
1ST SESSION
H. R. 1287
To amend the Public Health Service Act with respect to the Vaccine Injury
Compensation Program.
IN THE HOUSE OF REPRESENTATIVES
MARCH 29, 2001
Mr. WELDON of Florida (for himself, Mr. NADLER, Mr. BURTON of Indiana,
Mr. FRANK, Mr. SESSIONS, Mr. MCGOVERN, Mr. HORN, Ms. MCCARTHY
of Missouri, and Mr. TURNER) introduced the following bill; which was
referred to the Committee on Energy and Commerce
A BILL
To amend the Public Health Service Act with respect to
the Vaccine Injury Compensation Program.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Vaccine Injured Chil-
dren’s Compensation Act of 2001’’.
SEC. 2. PURPOSE OF PROGRAM.
Section 2110(a) of the Public Health Service Act,
such Act (42 U.S.C. 300aa–10(a)) is amended by adding
at the end the following sentence: ‘‘Such Program is a re-
medial program that is to be construed, both as to causa-
tion and damages, in a fashion that gives broad effect to
the remedial purpose of this subtitle. Concepts of sov-
ereign immunity do not apply in such Program.’’.
SEC. 3. BURDEN OF PROOF.
Section 2113 of the Public Health Service Act (42
U.S.C. 300aa–13) is amended—
(1) in subsection (a)(1)—
(A) in subparagraph (A), by striking ‘‘a
preponderance of the evidence’’ and inserting
the following: ‘‘submitting evidence sufficient to
justify a belief by a fair and impartial indi-
vidual that petitioner’s claims are well grounded
as to’’; and
(B) in the matter after and below subpara-
graph (B), by adding at the end the following:
‘‘When, after consideration of all evidence and
material of record in a case, there is an approx-
imate balance of positive and negative evidence,
while applying the standard under subpara-
graph (A), regarding the merits of an issue ma-
terial to the determination of the matter, the
benefit of the doubt in resolving each such issue
shall be given to petitioner.’’;
(2) in subsection (a)(2)(B)—
(A) by inserting ‘‘only’’ before ‘‘include in-
fection’’; and
(B) by inserting a comma after ‘‘metabolic
disturbances’’;
(3) in subsection (a), by adding at the end the
following paragraph:
‘‘(3) Any defense raised by respondent that the
illness, disability, injury, condition, or death de-
scribed in the petition was in fact due to factors un-
related 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.’’; and
(4) in subsection (b)(1), in the matter after and
below subparagraph (B), by striking ‘‘shall consider
the entire record and the course of the injury’’ and
inserting the following: ‘‘shall consider the entire
record. In the evaluation of damages and future
needs, the special master or court shall consider the
course of injury’’.
SEC. 4. COMPENSATION ISSUES.
Section 2115 of the Public Health Service Act (42
U.S.C. 300aa–15) is amended—
(1) in subsection (a)—
(A) in paragraph (1)(A)—
(B) in paragraph (2), by striking ‘‘, and’’
and inserting a period; and
(C) by striking paragraph (3); and
(3) in subsection (e), by adding at the end the
following paragraph:
‘‘(4)(A) During the pendency of a petition filed
under section 2111 (whether for a vaccine adminis-
tered after the effective date of this part or before
such date), the special master or court may, upon
application of the petitioner, award payments to
cover the petitioner’s reasonable attorneys’ fees and
other costs that have been incurred with respect to
the petition.
‘‘(B) Payments under subparagraph (A) re-
garding the petition involved may not be made more
frequently than once every 90 days.’’ .
SEC. 5. LIMITATIONS OF ACTIONS.
Section 2116 of the Public Health Service Act (42
U.S.C. 300aa–16) is amended—
(1) in subsection (a)—
(A) in paragraph (2), by striking ‘‘36
months’’ and inserting ‘‘72 months’’;
(B) in paragraph (3)—
(i) by striking ‘‘24 months’’ and in-
serting ‘‘36 months’’; and
(ii) by striking ‘‘48 months’’ and in-
serting ‘‘72 months’’; and
(C) by adding after and below paragraph
(3) the following:
‘‘Notwithstanding the limitations contained in this subtitle
as amended by the Vaccine Injury Compensation Program
Corrective Amendments of 2001, the time period for filing
a petition shall be extended an additional 36 months from
the date the petitioner first knew or reasonably should
have known that the petitioner may have been eligible for
compensation under this subtitle, including knowledge not
only that the injury or death involved may have been
caused by the vaccine, but also that a petition under sec-
tion 2111 was a potential remedy.’’;
(2) in subsection (b), in the matter preceding
paragraph (1), by striking ‘‘2 years’’ and inserting
‘‘72 months’’; and
(3) by adding at the end the following sub-
sections:
‘‘(d) The statute of limitations for filing a petition
under section 2111 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.
‘‘(e) 
Notwithstanding 
section 
2114(c)(4) 
or
2111(b)(2), if a petitioner who previously filed a petition
under section 2111 was denied compensation because of
(1) failure to satisfy the former $1,000 unreimbursed ex-
penses requirement of section 2111(c)(1)(D)(I), or (2)
failure to satisfy the filing deadlines set forth in section
2114, in any case in which the petitioner would have satis-
fied the limitations of actions provisions of this subtitle
as amended by the Vaccine Injury Compensation Program
Corrective Amendments of 2001, then the petitioner shall
have the right to refile the petition within 72 months after
reaching the age of majority, or within 24 months after
the effective date of such Amendments, whichever is the
longer period.’’.
Æ