sentence: ‘‘This compensation program is a remedial pro-
gram 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 im-
munity do not apply in this program.’’
SEC. 3. THE BURDEN OF PROOF.
The following changes shall be effective for all pend-
ing 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 neg-
ative evidence, while applying the burdens of proof
as amended, regarding the merits of an issue mate-
rial 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, condi-
tion, 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 evi-
dence and may not be made on the basis of a repu-
diation 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 in-
serted 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 dam-
ages and future needs, the special master shall con-
sider’’.
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 addi-
tional 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 para-
graph: ‘‘(5) Actual unreimbursable expenses that have
been or will be incurred for family counseling and/or train-
ing 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 para-
graph: ‘‘(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 representa-
tion 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 fre-
quently 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 peti-
tion 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 pro-
gram 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 pe-
tition under this program was denied compensation be-
cause of: (1) failure to satisfy the former $1,000 unreim-
bursed 
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 ac-
tions provisions as herein amended; or (4) failure to com-
ply with any other requirement of the program, if the peti-
tioner 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 para-
graph: ‘‘(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 representa-
tion 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 fre-
quently 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.’’
Æ