42 U.S.C. § 300aa–34 — Termination of program

submitted 82 years ago by Pub. L. 100-203 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 405 words · no verdicts yet

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The Secretary must regularly count how many vaccine-injury compensation awards have been made since December 1987. If the total passes set limits in a table, the Secretary must tell Congress. After that, new petitions for vaccines given on or after December 1987 can eventually be blocked.

(a) Reviews: The Secretary must track how many compensation awards have gone to people under section 300aa–11 for vaccine injuries or deaths tied to vaccines given on or after December 22, 1987. (1) The Secretary reviews the number of awards made in the first 12 months after December 22, 1987. (2) After that first year, the Secretary reviews the number of awards made in each following 3-month period. (b) Report: (1) If a review under subsection (a) shows that the total number of awards made and accepted under section 300aa–21(a) is more than the number listed for that period in the table in paragraph (2): (A) the Secretary must tell Congress; and (B) starting 180 days after Congress gets that notice, no new petition for a vaccine-related injury or death (from a vaccine given on or after December 22, 1987) can be filed under section 300aa–11. If that happens, section 300aa–11(a) and subpart B of this part no longer apply to civil lawsuits for injuries or deaths that can no longer get a petition filed because of this rule. (2) The table sets exact award-count limits for each period. If the total number of awards by the end of a period is more than the number below, the reporting rule in paragraph (1) applies: - 12 months after December 22, 1987: 150 awards - 13th–15th month: 188 awards - 16th–18th month: 225 awards - 19th–21st month: 263 awards - 22nd–24th month: 300 awards - 25th–27th month: 338 awards - 28th–30th month: 375 awards - 31st–33rd month: 413 awards - 34th–36th month: 450 awards - 37th–39th month: 488 awards - 40th–42nd month: 525 awards - 43rd–45th month: 563 awards - 46th–48th month: 600 awards

the actual law source: uscode.house.gov ↗public domain

(a) Reviews

The Secretary shall review the number of awards of compensation made under the program to petitioners under section 300aa–11 of this title for vaccine-related injuries and deaths associated with the administration of vaccines on or after December 22, 1987, as follows:

(1)

The Secretary shall review the number of such awards made in the 12-month period beginning on December 22, 1987.

(2)

At the end of each 3-month period beginning after the expiration of the 12-month period referred to in paragraph (1) the Secretary shall review the number of such awards made in the 3-month period.

(b) Report

(1)

If in conducting a review under subsection (a) the Secretary determines that at the end of the period reviewed the total number of awards made by the end of that period and accepted under section 300aa–21(a) of this title exceeds the number of awards listed next to the period reviewed in the table in paragraph (2)—

(A)

the Secretary shall notify the Congress of such determination, and

(B)

beginning 180 days after the receipt by Congress of a notification under paragraph (1), no petition for a vaccine-related injury or death associated with the administration of a vaccine on or after December 22, 1987, may be filed under section 300aa–11 of this title.

Section 300aa–11(a) of this title and subpart B of this part shall not apply to civil actions for damages for a vaccine-related injury or death for which a petition may not be filed because of subparagraph (B).

(2)

The table referred to in paragraph (1) is as follows:

Period reviewed:	Total number of awards by the end of the period reviewed
12 months after December 22, 1987	150
13th through the 15th month after December 22, 1987	188
16th through the 18th month after December 22, 1987	225
19th through the 21st month after December 22, 1987	263
22nd through the 24th month after December 22, 1987	300
25th through the 27th month after December 22, 1987	338
28th through the 30th month after December 22, 1987	375
31st through the 33rd month after December 22, 1987	413
34th through the 36th month after December 22, 1987	450
37th through the 39th month after December 22, 1987	488
40th through the 42nd month after December 22, 1987	525
43rd through the 45th month after December 22, 1987	563
46th through the 48th month after December 22, 1987	600.

Source credit: (July 1, 1944, ch. 373, title XXI, § 2134, as added Pub. L. 100–203, title IV, § 4303(f), Dec. 22, 1987, 101 Stat. 1330–222.)

history & why it existsrecord from the source credit

1944Enacted · Pub. L. 100-203 · 101 Stat. 1330

A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-203 on 1944-07-01.

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