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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-31]
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 6A - PUBLIC HEALTH SERVICE
SUBCHAPTER XIX - VACCINES
Part 2 - National Vaccine Injury Compensation Program
subpart d - general provisions
-HEAD-
Sec. 300aa-31. Citizen's actions
-STATUTE-
(a) General rule
Except as provided in subsection (b) of this section, any person
may commence in a district court of the United States a civil
action on such person's own behalf against the Secretary where
there is alleged a failure of the Secretary to perform any act or
duty under this part.
(b) Notice
No action may be commenced under subsection (a) of this section
before the date which is 60 days after the person bringing the
action has given written notice of intent to commence such action
to the Secretary.
(c) Costs of litigation
The court, in issuing any final order in any action under this
section, may award costs of litigation (including reasonable
attorney and expert witness fees) to any plaintiff who
substantially prevails on one or more significant issues in the
action.
-SOURCE-
(July 1, 1944, ch. 373, title XXI, Sec. 2131, as added Pub. L.
99-660, title III, Sec. 311(a), Nov. 14, 1986, 100 Stat. 3778;
amended Pub. L. 100-203, title IV, Sec. 4305, Dec. 22, 1987, 101
Stat. 1330-224.)
-MISC1-
AMENDMENTS
1987 - Subsec. (c). Pub. L. 100-203, which directed that subsec.
(c) be amended by substituting ''to any plaintiff who substantially
prevails on one or more significant issues in the action'' for ''to
any party, whenever the court determines that such award is
appropriate'', was executed by making the substitution for ''to any
party, whenever the court determines such award is appropriate'',
to reflect the probable intent of Congress.
EFFECTIVE DATE
Subpart effective Dec. 22, 1987, see section 323 of Pub. L.
99-660, set out as a note under section 300aa-1 of this title.
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