Page:United States Statutes at Large Volume 103 Part 3.djvu/225

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PUBLIC LAW 101-239—DEC. 19, 1989 103 STAT. 2293 (1) For administering part A of subtitle 2 of title XXI of the Public Health Service Act there is authorized to be appro- priated from the Vaccine Injury Compensation Trust Fund established under section 951(Kc) of the InternEd Revenue Code of 1986 to the Secretary of Health and Human Services $1,500,000 for each of the fiscal years 1990 and 1991. (2) For administering part A of subtitle 2 of title XXI of the Public Health Service Act there is authorized to be appro- priated from the Vaccine Injury Compensation Trust Fund to the Attorney General $1,500,000 for each of the fiscal years 1990 and 1991. (3) For administering part A of subtitle 2 of title XXI of the Public Health Service Act there is authorized to be appro- priated from the Vaccine Injury Compensation Trust Fund to the United States Claims Court $1,500,000 for each of the fiscal . years 1990 and 1991. (s) APPLICABILITY AND EFFECTIVE DATE.— 42 USC 300aa-l0 (1) Except as provided in paragraph (2), the amendments note, made by this section shall apply as follows: (A) Petitions filed after the date of enactment of this section shall proceed under the National Vaccine Injury Compensation Program under title XXI of the Public Health Service Act as amended by this section. (B) Petitions currently pending in which the evidentiary record is closed shall continue to proceed under the Pro- gram in accordance with the law in effect before the date of the enactment of this section, except that if the United States Claims Court 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, as amended by this section, or the 420-day period prescribed by section 2121(b) of such Act, 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 shall apply to all pending and subsequently filed petitions. (t) STUDY.—The Secretary of Health and Human Services shall Reports. evaluate the National Vaccine Injury Compensation Program under 42 USC 3oaaa-^ title XXI of the Public Health Service Act and shall report the ^°*«- results of such study to the Committee on Energy and Commerce of the House of Representatives and the Committee on Labor and Human Resources of the Senate not later than January 1, 1992. SEC. 6602. SEVERABILITY. Section 322 of the National Childhood Vaccine Injury Act of 1986 (42 U.S.C. 300aa-l note) is amended to read as follows: