
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[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
 
Sec. 300aa-10. Establishment of program


(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 \1\ for such injury or death.
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    \1\ So in original. Probably should be capitalized.
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(c) Publicity

    The Secretary shall undertake reasonable efforts to inform the 
public of the availability of the Program.

(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.)


                            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.
