Any civil action brought in accordance with this sub-
paragraph shall be subject to the standards and pro-
cedures set forth in section 2122 and 2123, regard-
less of whether the action arises directly from a vac-
cine-related injury or death associated with the ad-
ministration of a vaccine. Where the person who sus-
tained the underlying vaccine-related injury or death
upon which such parent, legal guardian, or spouse’s
civil cause of action is premised elects under section
2121(a) to receive the compensation awarded, such
parent or third party may not bring a civil action for
damages or equitable relief, and no court may award
damages or equitable relief, for any injury or loss of
the type set forth in section 2115(a) or that might
in any way overlap with or otherwise duplicate com-
pensation of the type available under section
2115(a).’’.
(b) APPLICABILITY.—Section 2111(a)(9) of the Pub-
lic Health Service Act (42 U.S.C. 300aa–11(a)(9)) is
amended by inserting before the period the following: ‘‘and
to a parent or other third party to the extent such parent
or other third party seeks damages or equitable relief re-
lating to a vaccine-related injury or death sustained by
a person who is qualified to file a petition for compensa-
tion under the Program’’.
(c) PETITIONERS.—Section 2111(b) of the Public
Health 
Service 
Act 
(42 
U.S.C. 
300aa–11(b)) 
is
amended—
(1) in paragraph (1)—
(A) in subparagraph (A), by striking ‘‘(B)’’
and inserting ‘‘(C)’’;
(B) by redesignating subparagraph (B) as
subparagraph (C); and
(C) by inserting after subparagraph (A)
the following:
‘‘(B) Except as provided in subparagraph (C),
any parent, legal guardian or spouse of a person—
‘‘(i) who has sustained a vaccine-related in-
jury or death,
‘‘(ii) who has filed a petition for compensa-
tion under the Program (or whose legal rep-
resentative has filed a petition as authorized in
subparagraph (A)), and
‘‘(iii) who has, in accordance with section
2112, been awarded compensation in a final
judgment of the United States Court of Federal
Claims that is subject to no further appeal or
review,
may, if such parent, legal guardian or spouse meets
the requirements of subsection (d) of this section,
file a derivative petition under this section.’’; and
(2) in paragraph (2)—
(A) by inserting after ‘‘filed’’ the following:
‘‘by or on behalf of the person who sustained
the vaccine-related injury or death’’; and
(B) by adding at the end the following:
‘‘No parent, legal guardian, or spouse may file
more than one derivative petition with respect
to each administration of a vaccine.’’.
(d) DERIVATIVE PETITIONS.—Section 2111 of the
Public Health Service Act (42 U.S.C. 300aa–11) is
amended—
(1) by redesignating subsections (d) and (e)
and subsections (e) and (f), respectively; and
(2) by inserting after subsection (c) the fol-
lowing subsection:
‘‘(d) DERIVATIVE PETITIONS.—If the parent, legal
guardian, or spouse of the person who sustained the vac-
cine-related injury or death seeks compensation under the
Program, such parent, legal guardian or spouse shall file
a timely derivative petition for compensation under the
Program in accordance with this section. Such a derivative
petition shall contain—
‘‘(1) an affidavit, and supporting documenta-
tion, demonstrating that—
‘‘(A) the child, ward, or spouse of such
person was, in accordance with section 2112,
previously awarded compensation for the under-
lying vaccine-related injury or death upon which
such parent’s, legal guardian’s, or spouse’s de-
rivative claim is premised in a final judgment of
the United States Court of Federal Claims and
such judgment is subject to no further appeal
or review,
‘‘(B) the derivative petition was filed no
later than 60 days after the date on which such
judgment became final and subject to no fur-
ther appeal or review,
‘‘(C) such parent, legal guardian or spouse
suffered a loss compensable under section
2115(b) as a result of the vaccine-related injury
or death sustained by such person’s child, ward,
or spouse, and
‘‘(D) such parent, legal guardian or spouse
has not previously collected an award or settle-
ment of a civil action for damages for such loss,
and
‘‘(2) records establishing such parent’s, legal
guardian’s, or spouse’s legal relationship to the per-
son who sustained the vaccine-related injury or
death.’’.
(e) DETERMINATION
OF ELIGIBILITY
AND COM-
PENSATION.—Section 2113(a)(1) of the Public Health
Service Act (42 U.S.C. 300aa–13(a)(1)) is amended—
(1) in subparagraph (A), by inserting before ‘‘,
and’’ the following: ‘‘or, where applicable, section
2111(d)’’; and
(2) in subparagraph (B), by inserting before
the period the following: ‘‘or, as applicable, that the
injury or loss described in the derivative petition is
due to factors unrelated to the vaccine-related injury
or death’’.
(f) COMPENSATION.—Section 2115 of the Public
Health Service Act (42 U.S.C. 300aa–15) is amended—
(1) by redesignating subsections (b) through (j)
as subsections (c) through (k), respectively; and
(2) by inserting after subsection (a) the fol-
lowing:
‘‘(b) 
DERIVATIVE
PETITIONS.—Compensation
awarded under the Program to a parent, legal guardian,
or spouse who files a derivative petition under section
2111 for a loss sustained as a result of a vaccine-related
injury or death sustained by such petitioner’s child, ward,
or spouse shall include compensation for loss of consor-
tium, society, companionship or services, in an amount not
to exceed the lesser of $250,000 or the total amount of
compensation awarded to the person who sustained the
underlying vaccine-related injury or death.’’;
(3) in subsection (e), by inserting ‘‘, (3), and
(4)’’ after ‘‘(2)’’ and by inserting ‘‘and subsection
(b) of this section,’’ following ‘‘section,‘‘;
(4) in subsection (g)(4)(B), by striking ‘‘sub-
section (j)’’ and inserting ‘‘subsection (k)’’;
(5) in subsection (j)(1), by striking ‘‘(j)’’ and
inserting ‘‘(k)’’;
(6) in subsection (j)(2), by inserting ‘‘, or to a
parent or spouse of a person who sustained a vac-
cine-related injury or death,’’ following ‘‘death’’; and
(7) in subsection (k), by striking ‘‘subsection
(f)(4)(B)’’ and inserting ‘‘subsection (g)(4)(B)’’.
SEC. 204. JURISDICTION TO DISMISS ACTIONS IMPROP-
ERLY BROUGHT.
Section 2111(a)(3) of the Public Health Service Act
(42 U.S.C. 300aa–11(a)(3)) is amended by adding at the
end the following: ‘‘If any civil action which is barred
under subparagraph (A) or (B) of paragraph (2) is filed
or maintained in a State court, or any vaccine adminis-
trator or manufacturer is made a party to any civil action
brought in State court (other than a civil action which
may be brought under paragraph (2)) for damages or eq-
uitable relief for a vaccine-related injury or death associ-
ated with the administration of a vaccine after October
1, 1988, the civil action may be removed at any time be-
fore final judgment by the defendant or defendants to the
United States Court of Federal Claims, which shall have
jurisdiction over such civil action, and which shall dismiss
such action. The notice required by section 1446 of title
28, United States Code, shall be filed with the United
States Court of Federal Claims, and that court shall, ex-
cept as provided herein, proceed in accordance with sec-
tions 1446 through 1451 of title 28, United States Code.’’.
SEC. 205. CLARIFICATION OF WHEN INJURY IS CAUSED BY
FACTOR UNRELATED TO ADMINISTRATION
OF VACCINE.
Section 2113(a)(2)(B) of the Public Health Service
Act (42 U.S.C. 300aa–13(a)(2)(B)) is amended—
(1) by inserting ‘‘structural lesions, genetic dis-
orders,’’ after ‘‘and related anoxia)’’;
(2) by inserting ‘‘(without regard to whether
the cause of the infection, toxin, trauma, structural
lesion, genetic disorder, or metabolic disturbance is
known)’’ after ‘‘metabolic disturbances’’; and
(3) by striking ‘‘but’’ and inserting ‘‘and’’.
SEC. 206. BASIS FOR CALCULATING PROJECTED LOST
EARNINGS.
Section 2115(a)(3)(B) of the Public Health Service
Act (42 U.S.C. 300aa–15(a)(3)(B)) is amended by strik-
ing ‘‘loss of earnings’’ and all that follows and inserting
the following: ‘‘loss of earnings determined on the basis
of the annual estimate of the average (mean) gross weekly
earnings of wage and salary workers age 18 and over (ex-
cluding the incorporated self-employed) in the private non-
farm sector (which includes all industries other than agri-
cultural production crops and livestock), as calculated an-
nually by the Bureau of Labor Statistics from the quarter
sample data of the Current Population Survey, or as cal-
culated by such similar method as the Secretary may pre-
scribe by regulation, less appropriate taxes and the aver-
age cost of a health insurance policy, as determined by
the Secretary.’’.
SEC. 207. ALLOWING COMPENSATION FOR FAMILY COUN-
SELING EXPENSES AND EXPENSES OF ESTAB-
LISHING GUARDIANSHIP.
(a) FAMILY COUNSELING EXPENSES IN POST-1988
CASES.—Section 2115(a) of the Public Health Service Act
(42 U.S.C. 300aa–15(a)) is amended by adding at the end
the following:
‘‘(5) Actual unreimbursable expenses that have
been or will be incurred for family counseling as is
determined to be reasonably necessary and that re-
sult from the vaccine-related injury from which the
petitioner seeks compensation.’’.
(b) EXPENSES OF ESTABLISHING GUARDIANSHIPS IN
POST-1988 CASES.—Section 2115(a) of the Public Health
Service Act (42 U.S.C. 300aa–15(a)), as amended by sub-
section (a), is further amended by adding at the end the
following:
‘‘(6) Actual unreimbursable expenses that have
been, or will be reasonably incurred to establish and
maintain a guardianship or conservatorship for an
individual who has suffered a vaccine-related injury,
including attorney fees and other costs incurred in
a proceeding to establish and maintain such guard-
ianship or conservatorship.’’.
(c) CONFORMING AMENDMENT
FOR CASES FROM
1988 AND EARLIER.—Section 2115(c) of the Public
Health 
Service 
Act 
(42 
U.S.C. 
300aa–15(c)) 
is
amended—
(1) in paragraph (2), by striking ‘‘and’’ at the
end;
(2) in paragraph (3), by inserting a closed pa-
renthesis before the period in that paragraph, and
by striking ‘‘(e)’’ and inserting ‘‘(f)’’;
(3) by redesignating paragraph (3) as para-
graph (5); and
(4) by inserting after paragraph (2), the fol-
lowing:
‘‘(3) family counseling expenses (as provided for
in paragraph (5) of subsection (a));
‘‘(4) expenses of establishing guardianships (as
provided for in paragraph (6) of subsection (a));
and’’.
SEC. 208. ALLOWING PAYMENT OF INTERIM COSTS.
Section 2115(f) of the Public Health Service Act (42
U.S.C. 300aa–15(f)) is amended by adding at the end the
following:
‘‘(4) A special master or court may make an interim
award of costs if—
‘‘(A) the case involves a vaccine administered
on or after October 1, 1988;
‘‘(B) the special master or court has determined
that the petitioner is entitled to compensation under
the Program;
‘‘(C) the award is limited to other costs (within
the meaning of paragraph (1)(B)) incurred in the
proceeding; and
‘‘(D) the petitioner provides documentation
verifying the expenditure of the amount for which
compensation is sought.’’.
SEC. 209. PROCEDURE FOR PAYING ATTORNEYS’ FEES.
Section 2115(f) of the Public Health Service Act (42
U.S.C. 300aa–15(f)), as amended by section 205, is fur-
ther amended by adding at the end the following:
‘‘(5) When a special master or court awards attorney
fees or costs under paragraph (1) or (4), it may order
that such fees or costs be payable solely to the petitioner’s
attorney if—
‘‘(A) the petitioner expressly consents; or
‘‘(B) the special master or court determines,
after affording to the Secretary and to all interested
persons the opportunity to submit relevant informa-
tion, that—
‘‘(i) the petitioner cannot be located or re-
fuses to respond to a request by the special
master or court for information, and there is no
practical alternative means to ensure that the
attorney will be reimbursed for such fees or
costs expeditiously; or
‘‘(ii) there are otherwise exceptional cir-
cumstances and good cause for paying such fees
or costs solely to the petitioner’s attorney.’’.
SEC. 210. EXTENSION OF STATUTE OF LIMITATIONS.
(a) GENERAL RULE.—Section 2116(a) of the Public
Health 
Service 
Act 
(42 
U.S.C. 
300aa–16(a)) 
is
amended—
(1) in paragraph (2) by striking ‘‘36 months’’
and inserting ‘‘6 years’’; and
(2) in paragraph (3), by striking ‘‘48 months’’
and inserting ‘‘6 years’’.
(b) EFFECT OF AMENDMENT ON PREVIOUSLY UN-
TIMELY CLAIMS.—Section 2121 of the Public Health
Service Act (42 U.S.C. 300aa–21) is amended by adding
at the end the following:
‘‘(d) PREVIOUSLY
UNTIMELY
CLAIMS.—Notwith-
standing subsection (a), (b), or (c) of this section, if a
petition is filed under section 2111(a), and such petition
would have been untimely under the statute of limitations
set forth in section 2116, as in effect prior to the effective
date of this subsection, the special master shall dismiss
the petition if the special master determines that the peti-
tioner did not sustain a vaccine-related illness, disability,
injury or condition as listed on the Vaccine Injury Table.’’.
(c) CLAIMS BASED
ON REVISIONS
TO TABLE.—
Strike all of section 2116(b) of the Public Health Service
Act (42 U.S.C. 300aa–16(b)) and insert the following:
‘‘(b) EFFECT OF REVISED TABLE.—If at any time
the Vaccine Injury Table is revised and the effect of such
revision is to make an individual eligible for compensation
under the program, where, before such revision, such indi-
vidual was not eligible for compensation under the pro-
gram, or to significantly increase the likelihood that an
individual will be able to obtain compensation under the
program, such person may, and must before filing a civil
action for equitable relief or monetary damages, notwith-
standing section 2111(b)(2), file a petition for such com-
pensation if—
‘‘(1) the vaccine-related death or injury with re-
spect to which the petition is filed occurred not more
than 8 years before the effective date of the revision
of the table; and
‘‘(2) either—
‘‘(A) the petition satisfies the conditions
described in subsection (a); or
‘‘(B) the date of the occurrence of the first
symptom or manifestation of onset of the injury
occurred more than 4 years before the petition
is filed, and the petition is filed not more than
2 years after the effective date of the revision
of the table.’’.
(d) DERIVATIVE PETITIONS.—Section 2116 of the
Public Health Service Act (42 U.S.C. 300aa–16) is
amended by adding at the end the following:
‘‘(d) DERIVATIVE PETITIONS.—No derivative petition
may be filed for compensation under the Program after
the expiration of 60 days after the date on which the
United States Court of Federal Claims has entered final
judgment and the time for all further appeals or review
has expired on the underlying claim of the person who sus-
tained the vaccine-related injury or death upon which the
derivative petition in premised.’’.
(e) TIMELY RESOLUTIONS OF CLAIMS.—
(1) 
SPECIAL
MASTER
DECISION.—Section
2112(d)(3)(A)(ii) of the Public Health Service Act
(42 U.S.C. 300aa–12(d)(3)(A)(ii)) is amended by
adding at the end the following: ‘‘For purposes of
this provision, the petition shall be deemed filed on
the date on which all petition contents and sup-
porting documents required under section 2111(c)
and, when applicable, section 2111(d) and the Vac-
cine Rules of the United States Court of Federal
Claims, including an affidavit and supporting docu-
mentation, are served on the Secretary and filed
with the clerk of the United States Court of Federal
Claims.’’.
(2) COURT OF FEDERAL CLAIMS DECISION.—
Section 2121(b)(2) of the Public Health Service Act
(42 U.S.C. 300aa–21(b)(2) is amended by adding at
the end the following: ‘‘For purposes of this provi-
sion, the petition shall be deemed filed on the date
on which all petition contents and supporting docu-
ments required under section 2111(c) and, when ap-
plicable, section 2111(d) and the Vaccine Rules of
the United States Court of Federal Claims, includ-
ing an affidavit and supporting documentation, are
served on the Secretary and filed with the clerk of
the United States Court of Federal Claims.’’.
SEC. 211. ADVISORY COMMISSION ON CHILDHOOD VAC-
CINES.
(a) SELECTION OF PERSONS INJURED BY VACCINES
AS PUBLIC MEMBERS.—Section 2119(a)(1)(B) of the
Public Health Service Act (42 U.S.C. 300aa–19(a)(1)(B))
is amended by striking ‘‘of whom’’ and all that follows
and inserting the following: ‘‘of whom 1 shall be the legal
representative of a child who has suffered a vaccine-re-
lated injury or death, and at least 1 other shall be either
the legal representative of a child who has suffered a vac-
cine-related injury or death or an individual who has per-
sonally suffered a vaccine-related injury.’’.
(b) 
MANDATORY
MEETING
SCHEDULE
ELIMI-
NATED.—Section 2119(c) of the Public Health Service Act
(42 U.S.C. 300aa–19(c)) is amended by striking ‘‘not less
often than four times per year and’’.
SEC. 212. CLARIFICATION OF STANDARDS OF RESPONSI-
BILITY.
(a) GENERAL RULE.—Section 2122(a) of the Public
Health Service Act (42 U.S.C. 300aa–22(a)) is amended
by striking ‘‘and (e) State law shall apply to a civil action
brought for damages’’ and inserting ‘‘(d), and (f) State
law shall apply to a civil action brought for damages or
equitable relief’’; and
(b) UNAVOIDABLE ADVERSE SIDE EFFECTS.—Sec-
tion 2122(b)(1) of the Public Health Service Act (42
U.S.C. 300aa–22(b)(1)) is amended by inserting ‘‘or equi-
table relief’’ after ‘‘for damages’’.
(c) DIRECT WARNINGS.—Section 2122(c) of the Pub-
lic Health Service Act (42 U.S.C. 300aa–22(c)) is amend-
ed by inserting ‘‘or equitable relief’’ after ‘‘for damages’’.
(d) CONSTRUCTION.—Section 2122(d) of the Public
Health 
Service 
Act 
(42 
U.S.C. 
300aa–22(d)) 
is
amended—
(1) by inserting ‘‘or equitable relief’’ after ‘‘for
damages’’; and
(2) by inserting ‘‘or relief’’ after ‘‘which dam-
ages’’.
(e) PRESENT PHYSICAL INJURY.—Section 2122 of
the Public Health Service Act (42 U.S.C. 300aa–22) is
amended—
(1) by redesignating subsections (d) and (e) as
subsections (e) and (f), respectively; and
(2) by inserting after subsection (c) the fol-
lowing:
‘‘(d) PRESENT PHYSICAL INJURY.—No vaccine man-
ufacturer or vaccine administrator shall be liable in a civil
action brought after October 1, 1988, for equitable or
monetary relief absent proof of past or present physical
injury from the administration of a vaccine, nor shall any
vaccine manufacturer or vaccine administrator be liable in
any such civil action for claims of medical monitoring, or
increased risk of harm.’’.
SEC. 213. CLARIFICATION OF DEFINITION OF MANUFAC-
TURER.
Section 2133(3) of the Public Health Service Act (42
U.S.C. 300aa–33(3)) is amended—
(1) in the first sentence, by striking ‘‘under its
label any vaccine set forth in the Vaccine Injury
Table’’ and inserting ‘‘any vaccine set forth in the
Vaccine Injury table, including any component or in-
gredient of any such vaccine’’; and
(2) in the second sentence, by inserting ‘‘includ-
ing any component or ingredient of any such vac-
cine’’ before the period.
SEC. 214. CLARIFICATION OF DEFINITION OF VACCINE-RE-
LATED INJURY OR DEATH.
Section 2133(5) of the Public Health Service Act (42
U.S.C. 300aa–33(5)) is amended by adding at the end the
following: ‘‘For purposes of the preceding sentence, an
adulterant or contaminant shall not include any compo-
nent or ingredient listed in a vaccine’s product license ap-
plication or product label.’’.
SEC. 215. CLARIFICATION OF DEFINITION OF VACCINE.
Section 2133 of the Public Health Service Act (42
U.S.C. 300aa–33) is amended by adding at the end the
following:
‘‘(7) The term ‘vaccine’ means any preparation or
suspension, including but not limited to a preparation or
suspension containing an attenuated or inactive micro-
organism or subunit thereof or toxin, developed or admin-
istered to produce or enhance the body’s immune response
to a disease or diseases and includes all components and
ingredients listed in the vaccines’s product license applica-
tion and product label.’’.
SEC. 216. ONGOING REVIEW OF CHILDHOOD VACCINE
DATA.
Part C of title XXI of the Public Health Service Act
(42 U.S.C. 300a–25 et seq.) is amended by adding at the
end the following:
‘‘SEC. 2129. ONGOING REVIEW OF CHILDHOOD VACCINE
DATA.
‘‘(a) IN GENERAL.—Not later than 6 months after
the date of enactment of this section, the Secretary shall
enter into a contract with the Institute of Medicine of the
National Academy of Science under which the Institute
shall conduct an ongoing, comprehensive review of new sci-
entific data on childhood vaccines (according to priorities
agreed upon from time to time by the Secretary and the
Institute of Medicine).
‘‘(b) REPORTS.—Not later than 3 years after the date
on which the contract is entered into under paragraph (1),
the Institute of Medicine shall submit to the Secretary a
report on the findings of studies conducted, including find-
ings as to any adverse events associated with childhood
vaccines, including conclusions concerning causation of ad-
verse events by such vaccines and other appropriate rec-
ommendations, based on such findings and conclusions.
‘‘(c) FAILURE TO ENTER INTO CONTRACT.—If the
Secretary and the Institute of Medicine are unable to
enter into the contract described in paragraph (1), the
Secretary shall enter into a contract with another qualified
nongovernmental scientific organization for the purposes
described in paragraphs (1) and (2).
‘‘(d) AUTHORIZATION
OF
APPROPRIATIONS.—To
carry out this section, there are authorized to be appro-
priated such sums as may be necessary for each of fiscal
years 2003, 2004, 2005 and 2006.’’.
SEC. 217. PENDING ACTIONS.
The amendments made by this title shall apply to all
actions or proceedings pending on or after the date of en-
actment of this Act unless a court of competent jurisdic-
tion has entered judgment (regardless of whether the time
for appeal has expired) in such action or proceeding dis-
posing of the entire action or proceeding.
SEC. 218. REPORT.
Not later than 1 year after the date of enactment
of this Act, and annually thereafter, the Advisory Commis-
sion on Childhood Vaccines shall report to the Secretary
of Health and Human Services regarding the status of the
Vaccine Trust Fund, and shall make recommendations to
the Secretary regarding the allocation of disbursements
from the Fund.
Æ