Page:United States Statutes at Large Volume 101 Part 2.djvu/1016

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101 STAT. 1330-222
101 STAT. 1330-222
PUBLIC LAW 100-000—MMMM. DD, 1987

101 STAT. 1330-222

42 USC

300aa-15.

PUBLIC LAW 100-203—DEC. 22, 1987

(b) AUTHORIZATION.—Section 2115 (42 U.S.C. 300aa-15) (as amended by subsection (a)) is amended by adding at the end the following: "0") AUTHORIZATION.—For the payment of compensation under the Program to a petitioner for a vaccine-related injury or death associated with the administration of a vaccine before the effective date of this part there are authorized to be appropriated $80,000,000 for fiscal year 1989, $80,000,000 for fiscal year 1990, $80,000,000 for fiscal year 1991, and $80,000,000 for fiscal year 1992. Amounts appropriated under this subsection shall remain available until expended.". (c) MINIMUM.—Section 2115(a)(1) (42 U.S.C. 300a-15(a)(l)) is amended by striking out the last sentence of subparagraphs (A)and(B). (d) LUMP SUM.—

42 USC

300aa-12.

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(1) Section 2115 (42 U.S.C. 300aa-15) is amended— (A) by striking out the last two sentences after paragraph .: (4) in subsection (a), and (B) by adding at the end of the first subsection (f) the following: "(4)(A) Except as provided in subparagraph (B), payment of compensation under the Program shall be made in a lump sum determined on the basis of the net present value of the elements of the compensation. "(B) In the case of a payment of compensation under the Program to a petitioner for a vaccine-related injury or death associated with the administration of a vaccine before the effective date of this part the compensation shall be paid in 4 equal annual installments. If the appropriations under subsection (i) are insufficient to make a payment of an annual installment, section 2111(a) shall not apply to a civil action for damages brought by the petitioner entitled to the payment.". (2)(A) Subsections (e) and (f) of section 2112 (42 U.S.C. 300a-12) are repealed and subsection (g) of such section is redesignated as (B) Section 2118 (42 U.S.C. 300aa-18) is repealed. (e) LIMIT.—Section 2115(b) (42 U.S.C. 300aa-15(b)) is amended by striking out "shall only include the compensation described in paragraphs (I)(A) and (2) of subsection (a)" and inserting in lieu thereof the following: "may not include the compensation described in paragraph (I)(B) of subsection (a) and may include attorneys' fees and other costs included in a judgment under subsection (e), except that the total amount that may be paid as compensation under paragraphs (3) and (4) of subsection (a) and included as attorneys' fees and other costs under subsection (e) may not exceed $30,000". (f) TERMINATION OF PROGRAM.—Part D of title XXI is amended by adding at the end the following: TERMINATION OF PROGRAM

42 USC 300aa-34.

"SEC. 2134. (a) REVIEWS.—The Secretary shall review the number of awards of compensation made under the program to petitioners under section 2111 for vaccine-related injuries and deaths associated with the administration of vaccines on or after the effective date of this part as follows: ?-s^ • j..i