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LegalText 42 U.S.C. § 300aa10 Establishment of program us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 6A PUBLIC HEALTH SERVICE 300aa10 42 U.S.C. § 300aa10 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s300aa10 data/legal/raw/us/code/title-42/usc42.xml b30a9600c56730d0f2355c3f60030db5642a9e2057999c35b1face32e46636fd 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e ab382aaeeea45c5f581f88fce2c6a71ced25941e9c69a80c8cfbf62357becd75 2026-07-04 official
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42 U.S.C. § 300aa10 - Establishment of program

Text

(a) Program established There is established the National Vaccine Injury Compensation Program to be administered by the Secretary under which compensation may be paid for a vaccine-related injury or death.

(b) Attorneys obligation It shall be the ethical obligation of any attorney who is consulted by an individual with respect to a vaccine-related injury or death to advise such individual that compensation may be available under the program 11 So in original. Probably should be capitalized. for such injury or death.

(c) Publicity The Secretary shall undertake reasonable efforts to inform the public of the availability of the Program.

(July 1, 1944, ch. 373, title XXI, § 2110, as added Pub. L. 99660, title III, § 311(a), Nov. 14, 1986, 100 Stat. 3758; amended Pub. L. 101239, title VI, § 6601(b), Dec. 19, 1989, 103 Stat. 2285.)

Notes

Editorial Notes

Prior ProvisionsA prior section 300aa10, act July 1, 1944, § 2111, was successively renumbered by subsequent acts and transferred, see section 238h of this title. A prior section 2110 of act July 1, 1944, was successively renumbered by subsequent acts and transferred, see section 238g of this title.

Amendments1989—Subsec. (c). Pub. L. 101239 added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 1989 AmendmentSection 6601(s) of Pub. L. 101239, as amended by Pub. L. 102572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516, provided that: “(1) Except as provided in paragraph (2), the amendments made by this section [amending this section and sections 300aa11 to 300aa17, 300aa21, 300aa23, 300aa26, and 300aa27 of this title] shall apply as follows:“(A) Petitions filed after the date of enactment of this section [Dec. 19, 1989] shall proceed under the National Vaccine Injury Compensation Program under title XXI of the Public Health Service Act [42 U.S.C. 300aa1 et seq.] as amended by this section. “(B) Petitions currently pending in which the evidentiary record is closed shall continue to proceed under the Program in accordance with the law in effect before the date of the enactment of this section, except that if the United States Court of Federal Claims 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 [42 U.S.C. 300aa12(d)], as amended by this section, or the 420-day period prescribed by section 2121(b) of such Act [42 U.S.C. 300aa21(b)], 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 [42 U.S.C. 300aa15] shall apply to all pending and subsequently filed petitions.”

Effective DateSubpart effective Oct. 1, 1988, see section 323 of Pub. L. 99660, as amended, set out as a note under section 300aa1 of this title.