Page:United States Statutes at Large Volume 101 Part 2.djvu/1018

This page needs to be proofread.
101 STAT. 1330-224
101 STAT. 1330-224
PUBLIC LAW 100-000—MMMM. DD, 1987

101 STAT. 1330-224

42 USC

300aa-21.

PUBLIC LAW 100-203—DEC. 22, 1987

inserting in lieu thereof "and", and (C) by striking out "(iii)" and inserting in lieu thereof "(ii)". (c) WITHDRAWAL.—Section 2121 (42 U.S.C. 300a-21) is amended by redesignating subsection (b) as subsection (c) and by inserting after subsection (a) the following: "(b) WITHDRAWAL OF PETITION.—If the United States Claims Court fails to enter a judgment under section 2112 on a petition filed under section 2111 within 365 days after the date on which the petition was filed, the petitioner may submit to the court a notice in writing withdrawing the petition. Such a notice shall be filed not later than 90 days after the expiration of such 365-day period. A person who has submitted a notice under this subsection may, notwithstanding section 2111(a)(2), thereafter maintain a civil action for damages in a State or Federal court without regard to part B and consistent with otherwise applicable law.". SEC. 4305. CITIZEN'S ACTIONS.

42 USC

Section 2131(c) (42 U.S.C. 300a-31(c)) '^ is amended by striking out "to any party, whenever the court determines that such award is appropriate" and inserting in lieu thereof "to any plaintiff who substantially prevails on one or more significant issues in the action".

42 USC

SEC. 4306. VACCINE ADMINISTRATORS.

300aa-ll.

Section 2111(a) (42 U.S.C. 300a-ll) is amended by striking out "vaccine manufacturer" each place it appears and inserting in lieu thereof "vaccine administrator or manufacturer".

300aa-31.

^ ^

SEC. 4307. COURT JURISDICTION.

Subtitle 2 of title XXI is amended as follows: (1) Section 2111(a)(l) (42 U.S.C. 300aa-ll(a)(l)) is amended by striking out "with the United States district court for the district in which the petitioner resides or the injury or death occurred" and inserting in lieu thereof "with the United States Claims Court". (2) Section 2111(a)(2)(A)(ii) (42 U.S.C. 300aa-ll(a)(2)(A)(ii)) is amended by striking out "a district court of the United States" and inserting in lieu thereof "the United States Claims Court". t (3) Section 2112 (42 U.S.C. 300aa-12) is amended— <Tk... (A) in subsection (a), by striking out "district courts of the United States" and inserting in lieu thereof "United States Claims Court" and by striking out "the courts" and inserting in lieu thereof "the court", f (i ' (B) in subsection (c)(D, by striking out "the district court of the United States in which the petition is filed" and >• inserting in lieu thereof "the United States Claims Court", ' and (C) in subsection (g), by striking out "a district court of the United States" and inserting in lieu thereof "the United States Claims Court" and by striking out "for the V" circuit in which the court is located" and inserting in lieu thereof "for the Federal Circuit". (4) Section 2113(c) (42 U.S.C. 300aa-13(c)) is amended by striking out "a district court of the United States" and inserting in lieu thereof "the United States Claims Court". " Copy read "300a-31(c)".