The Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsec. (f)(3), is title II of Pub. L. 99–177,
The Social Security Act, referred to in subsecs. (g) and (h), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XIX of the Social Security Act is classified generally to subchapter XIX (§ 1396 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables.
In subsecs. (a), (b), (e)(2), (f)(4)(B), (i), and (j), “
A prior section 300aa–15, act
A prior section 2115 of act
1993—Subsec. (j). Pub. L. 103–66 substituted “$110,000,000 for each succeeding fiscal year” for “$80,000,000 for each succeeding fiscal year”.
1992—Subsecs. (e)(1), (f)(2). Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”.
Subsec. (j). Pub. L. 102–531 increased authorization for fiscal year 1993 from $80,000,000 to $110,000,000.
1991—Subsec. (f)(4)(A). Pub. L. 102–168, § 201(e)(1)(A), (2), struck out “of the proceeds” after “portion” and substituted “Vaccine Injury Compensation Trust Fund established under section 9510 of title 26” for “trust fund”.
Subsec. (f)(4)(B). Pub. L. 102–168, § 201(e)(1)(B), which directed substitution of “shall be paid from appropriations made available under subsection (j) in a lump sum of which all or a portion” for “paid in 4 equal installments of which all or portion of the proceeds” was executed by making the substitution for “paid in 4 equal annual installments of which all or a portion of the proceeds” to reflect the probable intent of Congress.
Subsec. (f)(4)(C). Pub. L. 102–168, § 201(f), added subpar. (C).
1990—Subsec. (e)(2). Pub. L. 101–502, § 5(d)(1), inserted “of compensation” before “limited to the costs”.
Subsec. (f)(2). Pub. L. 101–502, § 5(d)(2)(A), substituted “section 300aa–21(a)” for “section 300aa–21(b)”.
Subsec. (f)(4)(B). Pub. L. 101–502, § 5(d)(2)(B), substituted “subsection (j)” for “subsection (i)” and “the limitation on civil actions prescribed by section 300aa–21(a) of this title” for “section 300aa–11(a) of this title”.
Subsec. (j). Pub. L. 101–502, § 5(d)(3), inserted before period at end of first sentence “, and $80,000,000 for each succeeding fiscal year in which a payment of compensation is required under subsection (f)(4)(B)”.
1989—Subsec. (b). Pub. L. 101–239, § 6601(l)(1), substituted “may include the compensation described in paragraphs (1)(A) and (2) of subsection (a) and may also include an amount, not to exceed a combined total of $30,000, for—” and cls. (1) to (3) for “may not include the compensation described in paragraph (1)(B) of subsection (a) of this section and may include attorneys’ fees and other costs included in a judgment under subsection (e) of this section, except that the total amount that may be paid as compensation under paragraphs (3) and (4) of subsection (a) of this section and included as attorneys’ fees and other costs under subsection (e) of this section may not exceed $30,000.”
Subsec. (e)(1). Pub. L. 101–239, § 6601(l)(2)(A), substituted “In awarding compensation on a petition filed under section 300aa–11 of this title the special master or court shall also award as part of such compensation an amount to cover” for “The judgment of the United States Claims Court on a petition filed under section 300aa–11 of this title awarding compensation shall include an amount to cover”.
Pub. L. 101–239, § 6601(l)(2)(B), (C), substituted “the special master or court may award an amount of compensation to cover” for “the court may include in the judgment an amount to cover” and “the special master or court determines that the petition was brought in good faith and there was a reasonable basis for the claim for which the petition” for “the court determines that the civil action was brought in good faith and there was a reasonable basis for the claim for which the civil action”.
Subsec. (e)(2). Pub. L. 101–239, § 6601(l)(2)(D), which directed amendment of par. (2) by substituting “the special master or court may also award an amount of compensation” for “the judgment of the court on such petition may include an amount”, could not be executed because of the prior amendment by Pub. L. 101–239, § 6601(c)(8)(B), see Amendment note below.
Pub. L. 101–239, § 6601(c)(8), substituted “and petitioned under section 300aa–11(a)(5) of this title to have such action dismissed” for “and elected under section 300aa–11(a)(4) of this title to withdraw such action” and “in awarding compensation on such petition the special master or court may include” for “the judgment of the court on such petition may include”.
Subsec. (e)(3). Pub. L. 101–239, § 6601(l)(2)(E), substituted “awarded as compensation by the special master or court under paragraph (1)” for “included under paragraph (1) in a judgment on such petition”.
Subsec. (f)(3). Pub. L. 101–239, § 6601(l)(3)(A), inserted “under the Program and the costs of carrying out the Program” after “Payments of compensation”.
Subsec. (f)(4)(A). Pub. L. 101–239, § 6601(l)(3)(B), struck out “made in a lump sum” after “the Program shall be” and inserted “and shall be paid from the trust fund in a lump sum of which all or a portion of the proceeds may be used as ordered by the special master to purchase an annuity or otherwise be used, with the consent of the petitioner, in a manner determined by the special master to be in the best interests of the petitioner” after “elements of the compensation”.
Subsec. (f)(4)(B). Pub. L. 101–239, § 6601(l)(3)(C), substituted “determined on the basis of the net present value of the elements of compensation and paid in 4 equal annual installments of which all or a portion of the proceeds may be used as ordered by the special master to purchase an annuity or otherwise be used, with the consent of the petitioner, in a manner determined by the special master to be in the best interests of the petitioner. Any reasonable attorneys’ fees and costs shall be paid in a lump sum” for “paid in 4 equal annual installments”.
Subsec. (g). Pub. L. 101–239, § 6601(l)(4)(A), inserted “(other than under title XIX of the Social Security Act)” after “State health benefits program”.
Subsec. (h). Pub. L. 101–239, § 6601(l)(4)(B), inserted before period at end “, except that this subsection shall not apply to the provision of services or benefits under title XIX of the Social Security Act”.
Subsec. (i)(1). Pub. L. 101–239, § 6601(l)(5), which directed amendment of par. (1) by substituting “(j)” for “(i)”, could not be executed because “(i)” did not appear.
Subsec. (j). Pub. L. 101–239, § 6601(l)(6), struck out “and” after “fiscal year 1991,” and inserted “, $80,000,000 for fiscal year 1993” after “fiscal year 1992”.
1988—Subsec. (i)(1). Pub. L. 100–360, § 411(o)(1)(A), substituted “by the Secretary from appropriations under subsection (j)” for “from appropriations under subsection (i)”.
Subsec. (j). Pub. L. 100–360, § 411(o)(1)(B), inserted “to the Department of Health and Human Services”.
1987—Subsec. (a). Pub. L. 100–203, § 4302(b)(1), substituted “effective date of this subpart” for “effective date of this part”.
Pub. L. 100–203, § 4303(d)(1)(A), struck out last two sentences which read as follows: “Payments for projected expenses shall be paid on a periodic basis (but no payment may be made for a period in excess of 1 year). Payments for pain and suffering and emotional distress and incurred expenses may be paid in a lump sum.”
Subsec. (a)(1). Pub. L. 100–203, § 4303(c), struck out last sentence of subpars. (A) and (B) each of which read as follows: “The amount of unreimbursable expenses which may be recovered under this subparagraph shall be limited to the amount in excess of the amount set forth in section 300aa–11(c)(1)(D)(ii) of this title.”
Subsec. (b). Pub. L. 100–203, § 4303(e), substituted “may not include the compensation described in paragraph (1)(B) of subsection (a) of this section and may include attorneys’ fees and other costs included in a judgment under subsection (e) of this section, except that the total amount that may be paid as compensation under paragraphs (3) and (4) of subsection (a) of this section and included as attorneys’ fees and other costs under subsection (e) of this section may not exceed $30,000” for “shall only include the compensation described in paragraphs (1)(A) and (2) of subsection (a) of this section”.
Pub. L. 100–203, § 4302(b)(1), substituted “effective date of this subpart” for “effective date of this part”.
Subsec. (e)(1). Pub. L. 100–203, § 4307(5), substituted “of the United States Claims Court” for “of a court” in two places.
Subsec. (e)(2). Pub. L. 100–203, § 4302(b), substituted “effective date of this subpart, filed a” for “effective date of this subchapter, filed a” and “effective date of this subpart in preparing” for “effective date of this part in preparing”.
Subsec. (f). Pub. L. 100–203, § 4303(d)(1)(B), (g), added par. (4) and redesignated a second subsec. (f), relating to the Program not being primarily liable, as subsec. (g).
Subsec. (f)(2). Pub. L. 100–203, § 4307(6), substituted “United States Claims Court” for “district court of the United States”.
Subsecs. (g), (h). Pub. L. 100–203, § 4303(g), redesignated a second subsec. (f), relating to the Program not being liable, as (g) and redesignated former subsec. (g) as (h).
Subsecs. (i), (j). Pub. L. 100–203, § 4303(a), (b), added subsecs. (i) and (j).
Amendment by Pub. L. 102–572 effective
Amendment by section 201(f) of Pub. L. 102–168 effective as if in effect on and after
Amendment by Pub. L. 101–502 effective
Amendment by Pub. L. 101–239 applicable to all pending and subsequently filed petitions, see section 6601(s)(2) of Pub. L. 101–239, set out as a note under section 300aa–10 of this title.
Except as specifically provided in section 411 of Pub. L. 100–360, amendment by Pub. L. 100–360, as it relates to a provision in the Omnibus Budget Reconciliation Act of 1987, Pub. L. 100–203, effective as if included in the enactment of that provision in Pub. L. 100–203, see section 411(a) of Pub. L. 100–360, set out as a Reference to OBRA; Effective Date note under section 106 of Title 1, General Provisions.