Page:United States Statutes at Large Volume 103 Part 3.djvu/220

 103 STAT. 2288 PUBLIC LAW 101-239—DEC. 19, 1989 "(E) Reporting annually to the Congress and the judges of the United States Claims Court on the number of petitions filed under section 2111 and their disposition, the dates on t- which the vaccine-related injuries and deaths for which the • petitions were filed occurred, the types and amounts of -^ awards, the length of time for the disposition of petitions, ^ the cost of administering the Program, and recommenda- tions for changes in the Program.". (f) PARTIES.—Section 2112(b) (42 U.S.C. 300aa-12(b)) is amended— (1) by amending the first sentence to read as follows: "In all proceedings brought by the filing of a petition under section 2111(b), the Secretary shall be named as the respondent, shall participate, and shall be represented in accordance with section 518(a) of title 28, United States Code.", and (2) by striking out the second sentence. (g) SPECIAL MASTER FUNCTIONS.— Section 2112(d) (42 U.S.C. 300aa- 12(d)) (as so redesignated by subsection (e)) is amended— (1) by amending paragraph (1) to read as follows: "(1) Following the receipt and filing of a petition under section 2111, the clerk of the United States Claims Court shall forward the petition to the chief special master who shall designate a special master to carry out the functions authorized by paragraph (3).", and (2) by stnking out paragraph (2) and inserting in lieu thereof the following: "(2) The special masters shall recommend rules to the Claims Court and, taking into account such recommended rules, the Claims Court shall promulgate rules pursuant to section 2071 of title 28, United States Code. Such rules shall— "(A) provide for a less-adversarial, expeditious, and infor- mal proceeding for the resolution of petitions, . - "(B) include flexible and informal standards of admissibil- ity of evidence, "(C) include the opportunity for summary judgment, "(D) include the opportunity for parties to submit argu- ments and evidence on the record without requiring routine use of oral presentations, cross examinations, or hearings, and "(E) provide for limitations on discovery and allow the special masters to replace the usual rules of discovery in yj; civil actions in the United States Claims Court. "(3)(A) A special master to whom a petition has been assigned . . shall issue a decision on such petition with respect to whether compensation is to be provided under the Program and the amount of such compensation. The decision of the special master shall— "(i) include findings of fact and conclusions of law, and . ., "(ii) be issued as expeditiously as practicable but not later ., than 240 days, exclusive of suspended time under subpara- graph (C), after the date the petition was filed. The decision of the special master may be reviewed by the United States Claims Court in accordance with subsection (e). "(B) In conducting a proceeding on a petition a special '• •> master— "(i) may require such evidence as may be reasonable and necessary.

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