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From the U.S. House of Representatives Downloadable U.S. Code
[uscode.house.gov]
[Laws in effect as of January 5, 1999]
[CITE: 42USC300aa-10]
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 6A - PUBLIC HEALTH SERVICE
SUBCHAPTER XIX - VACCINES
Part 2 - National Vaccine Injury Compensation Program
subpart a - program requirements
-HEAD-
Sec. 300aa-10. Establishment of program
-STATUTE-
(a) Program established
There is established the National Vaccine Injury Compensation
Program to be administered by the Secretary under which
compensation may be paid for a vaccine-related injury or death.
(b) Attorney's obligation
It shall be the ethical obligation of any attorney who is
consulted by an individual with respect to a vaccine-related injury
or death to advise such individual that compensation may be
available under the program (FOOTNOTE 1) for such injury or death.
(FOOTNOTE 1) So in original. Probably should be capitalized.
(c) Publicity
The Secretary shall undertake reasonable efforts to inform the
public of the availability of the Program.
-SOURCE-
(July 1, 1944, ch. 373, title XXI, Sec. 2110, as added Pub. L.
99-660, title III, Sec. 311(a), Nov. 14, 1986, 100 Stat. 3758;
amended Pub. L. 101-239, title VI, Sec. 6601(b), Dec. 19, 1989, 103
Stat. 2285.)
-MISC1-
PRIOR PROVISIONS
A prior section 300aa-10, act July 1, 1944, Sec. 2111, was
successively renumbered by subsequent acts and transferred, see
section 238h of this title.
A prior section 2110 of act July 1, 1944, was successively
renumbered by subsequent acts and transferred, see section 238g of
this title.
AMENDMENTS
1989 - Subsec. (c). Pub. L. 101-239 added subsec. (c).
EFFECTIVE DATE OF 1989 AMENDMENT
Section 6601(s) of Pub. L. 101-239, as amended by Pub. L.
102-572, title IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516,
provided that:
''(1) Except as provided in paragraph (2), the amendments made by
this section (amending this section and sections 300aa-11 to
300aa-17, 300aa-21, 300aa-23, 300aa-26, and 300aa-27 of this title)
shall apply as follows:
''(A) Petitions filed after the date of enactment of this
section (Dec. 19, 1989) shall proceed under the National Vaccine
Injury Compensation Program under title XXI of the Public Health
Service Act (this subchapter) as amended by this section.
''(B) Petitions currently pending in which the evidentiary
record is closed shall continue to proceed under the Program in
accordance with the law in effect before the date of the
enactment of this section, except that if the United States Court
of Federal Claims is to review the findings of fact and
conclusions of law of a special master on such a petition, the
court may receive further evidence in conducting such review.
''(C) Petitions currently pending in which the evidentiary
record is not closed shall proceed under the Program in
accordance with the law as amended by this section.
All pending cases which will proceed under the Program as amended
by this section shall be immediately suspended for 30 days to
enable the special masters and parties to prepare for proceeding
under the Program as amended by this section. In determining the
240-day period prescribed by section 2112(d) of the Public Health
Service Act (42 U.S.C. 300aa-12(d)), as amended by this section, or
the 420-day period prescribed by section 2121(b) of such Act (42
U.S.C. 300aa-21(b)), as so amended, any period of suspension under
the preceding sentence shall be excluded.
''(2) The amendments to section 2115 of the Public Health Service
Act (42 U.S.C. 300aa-15) shall apply to all pending and
subsequently filed petitions.''
EFFECTIVE DATE
Subpart effective Oct. 1, 1988, see section 323 of Pub. L.
99-660, as amended, set out as a note under section 300aa-1 of this
title.
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