Page:United States Statutes at Large Volume 104 Part 2.djvu/307

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PUBLIC LAW 101-502—NOV. 3, 1990 104 STAT. 1287 "(1) a special master fails to make a decision on a petition within the 240 days prescribed by subsection (d)(3)(A)(ii) (excluding (A) any period of suspension under subsection (d)(3)(C) or (d)(3)(D), and (B) any days the petition is before a special master as a result of a remand under subsection (e)(2)(C)), or "(2) the United States Claims Court fails to enter a judgment under this section on a petition within 420 days (excluding (A) any period of suspension under subsection (d)(3)(C) or (d)(3)(D), and (B) any days the petition is before a special master as a result of a remand under subsection (e)(2)(C)) after the date on which the petition was filed, the special master or court shall notify the petitioner under such petition that the petitioner may withdraw the petition under section 2121(b) and the petition will be considered withdrawn under such section if the petitioner, the special master, or the court do not take CGi*t9.iii 3.ctioris (c) SECTION 2113.— Section 2113(c) of the Public Health Service Act (42 U.S.C. 300aa-13(c)) is amended by inserting "the" after "special masters of. (d) SECTION 2115.— Section 2115 of the Public Health Service Act (42 U.S.C. 300aa-15) is amended— (1) in subsection (e)(2), by striking "the Program," the second time it occurs and all that follows through "limited to the costs" and inserting the following: "the Program, in awarding compensation on such petition the special master or court may include an amount of compensation limited to the costs", (2) in subsection (f)— (A) in the second sentence of paragraph (2), by striking "section 2121(b)" and inserting "section 2121(a)", and (B) in the last sentence of paragraph (4)(B), by striking "subsection (i)" and inserting "subsection (j)" and by striking "section 2111(a)" and inserting "the limitation on civil actions prescribed by section 2121(a)", and (3) in the first sentence of subsection (j), by inserting before the period ", and $80,000,000 for each succeeding fiscal year in which a payment of compensation is required under subsection (f)(4)(B)". (e) SECTION 2116. — Section 2116 of the Public Health Service Act (42 U.S.C. 300aa-16) is amended— (1) in subsection (a)(1)— (A) by striking "24 months" and inserting "28 months", and (B) by inserting before the comma at the end the following: "and no such petition may be filed if the first symptom or manifestation of onset or of the significant aggravation of such injury occurred more than 36 months after the date of administration of the vaccine", and (2) in subsection (c), by striking "and ending on the date a final judgment is entered on the petition" and inserting "and ending on the date (1) an election is made under section 2121(a) to file the civil action, (2) an election is made under section 2121(b) to withdraw the petition, or (3) the petition is considered withdrawn under section 2121(b)". (f) SECTION 2121.— (1) LIMITATION ON ACTIONS. —Section 2121(a) of the Public Health Service Act (42 U.S.C. 300aa-21(a)) is amended—