
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-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
 
Sec. 300aa-31. Citizen's actions


(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.

(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.)


                               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.
