42 USC 300aa-12(d)(4)(A): Medical records presented to a Special Master in National Vaccine Injury Compensation court proceedings
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This project uses data compiled by the Sunshine in Government initiative, a coalition of journalism and transparency groups. SGI compiled data from federal agency annual FOIA reports to track how often b(3) exemptions were used. SGI also standardized the exemptions since some agencies used slightly different citations of the same laws. In some cases, agencies listed general laws without specifying a section under which information was withheld. This project does not include information from agencies that use no b(3) exemptions in 2008 or 2009. ProPublica compiled information about FOIA denials.
| Department | Claims |
|---|---|
| Dept. of Health and Human Services | 2.0 |
| Dept. of Justice | 1.0 |
TITLE 42--THE PUBLIC HEALTH AND WELFARE
CHAPTER 6A--PUBLIC HEALTH SERVICE
SUBCHAPTER XIX--VACCINES
Part 2--National Vaccine Injury Compensation Program
subpart a--program requirements
Sec. 300aa-12. Court jurisdiction
(a) General rule
The United States Court of Federal Claims and the United States
Court of Federal Claims
special masters shall, in accordance with this section, have
jurisdiction over proceedings to determine if a petitioner under section
300aa-11 of this title is entitled to compensation under the Program and
the amount of such compensation. The United States Court of Federal
Claims may issue and enforce such orders as the court deems necessary to
assure the prompt payment of any compensation awarded.
(b) Parties
(1) In all proceedings brought by the filing of a petition under
section 300aa-11(b) of this title, the Secretary shall be named as the
respondent, shall participate, and shall be represented in accordance
with section 518(a) of title 28.
(2) Within 30 days after the Secretary receives service of any
petition filed under section 300aa-11 of this title the Secretary shall
publish notice of such petition in the Federal Register. The special
master designated with respect to such petition under subsection (c) of
this section shall afford all interested persons an opportunity to
submit relevant, written information--
(A) relating to the existence of the evidence described in
section 300aa-13(a)(1)(B) of this title, or
(B) relating to any allegation in a petition with respect to the
matters described in section 300aa-11(c)(1)(C)(ii) of this title.
(c) United States Court of Federal Claims special masters
(1) There is established within the United States Court of Federal
Claims an office of special masters which shall consist of not more than
8 special masters. The judges of the United States Court of Federal
Claims shall appoint the special masters, 1 of whom, by designation of
the judges of the United States Court of Federal Claims, shall serve as
chief special master. The appointment and reappointment of the special
masters shall be by the concurrence of a majority of the judges of the
court.
(2) The chief special master and other special masters shall be
subject to removal by the judges of the United States Court of Federal
Claims for incompetency, misconduct, or neglect of duty or for physical
or mental disability or for other good cause shown.
(3) A special master's office shall be terminated if the judges of
the United States Court of Federal Claims determine, upon advice of the
chief special master, that the services performed by that office are no
longer needed.
(4) The appointment of any individual as a special master shall be
for a term of 4 years, subject to termination under paragraphs (2) and
(3). Individuals serving as special masters on December 19, 1989, shall
serve for 4 years from the date of their original appointment, subject
to termination under paragraphs (2) and (3). The chief special master in
office on December 19, 1989, shall continue to serve as chief special
master for the balance of the master's term, subject to termination
under paragraphs (2) and (3).
(5) The compensation of the special masters shall be determined by
the judges of the United States Court of Federal Claims, upon advice of
the chief special master. The salary of the chief special master shall
be the annual rate of basic pay for level IV of the Executive Schedule,
as prescribed by section 5315, title 5. The salaries of the other
special masters shall not exceed the annual rate of basic pay of level V
of the Executive Schedule, as prescribed by section 5316, title 5.
(6) The chief special master shall be responsible for the following:
(A) Administering the office of special masters and their staff,
providing for the efficient, expeditious, and effective handling of
petitions, and performing such other duties related to the Program
as may be assigned to the chief special master by a concurrence of a
majority of the United States Claims Courts \1\ judges.
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\1\ So in original. Probably should be a reference to the United
States Court of Federal Claims.
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(B) Appointing and fixing the salary and duties of such
administrative staff as are necessary. Such staff shall be subject
to removal for good cause by the chief special master.
(C) Managing and executing all aspects of budgetary and
administrative affairs affecting the special masters and their
staff, subject to the rules and regulations of the Judicial
Conference of the United States. The Conference rules and
regulations pertaining to United States magistrate judges shall be
applied to the special masters.
(D) Coordinating with the United States Court of Federal Claims
the use of services, equipment, personnel, information, and
facilities of the United States Court of Federal Claims without
reimbursement.
(E) Reporting annually to the Congress and the judges of the
United States Court of Federal Claims on the number of petitions
filed under section 300aa-11 of this title and their disposition,
the dates on which the vaccine-related injuries and deaths for which
the petitions were filed occurred, the types and amounts of awards,
the length of time for the disposition of petitions, the cost of
administering the Program, and recommendations for changes in the
Program.
(d) Special masters
(1) Following the receipt and filing of a petition under section
300aa-11 of this title, the clerk of the United States Court of Federal
Claims shall forward the petition to the chief special master who shall
designate a special master to carry out the functions authorized by
paragraph (3).
(2) The special masters shall recommend rules to the Court of
Federal Claims and, taking into account such recommended rules, the
Court of Federal Claims shall promulgate rules pursuant to section 2071
of title 28. Such rules shall--
(A) provide for a less-adversarial, expeditious, and informal
proceeding for the resolution of petitions,
(B) include flexible and informal standards of admissibility of
evidence,
(C) include the opportunity for summary judgment,
(D) include the opportunity for parties to submit arguments and
evidence on the record
without requiring routine use of oral presentations, cross
examinations, or hearings, and
(E) provide for limitations on discovery and allow the special
masters to replace the usual rules of discovery in civil actions in
the United States Court of Federal Claims.
(3)(A) A special master to whom a petition has been assigned shall
issue a decision on such petition with respect to whether compensation
is to be provided under the Program and the amount of such compensation.
The decision of the special master shall--
(i) include findings of fact and conclusions of law, and
(ii) be issued as expeditiously as practicable but not later
than 240 days, exclusive of suspended time under subparagraph (C),
after the date the petition was filed.
The decision of the special master may be reviewed by the United States
Court of Federal Claims in accordance with subsection (e) of this
section.
(B) In conducting a proceeding on a petition a special master--
(i) may require such evidence as may be reasonable and
necessary,
(ii) may require the submission of such information as may be
reasonable and necessary,
(iii) may require the testimony of any person and the production
of any documents as may be reasonable and necessary,
(iv) shall afford all interested persons an opportunity to
submit relevant written information--
(I) relating to the existence of the evidence described in
section 300aa-13(a)(1)(B) of this title, or
(II) relating to any allegation in a petition with respect
to the matters described in section 300aa-11(c)(1)(C)(ii) of
this title, and
(v) may conduct such hearings as may be reasonable and
necessary.
There may be no discovery in a proceeding on a petition other than the
discovery required by the special master.
(C) In conducting a proceeding on a petition a special master shall
suspend the proceedings one time for 30 days on the motion of either
party. After a motion for suspension is granted, further motions for
suspension by either party may be granted by the special master, if the
special master determines the suspension is reasonable and necessary,
for an aggregate period not to exceed 150 days.
(D) If, in reviewing proceedings on petitions for vaccine-related
injuries or deaths associated with the administration of vaccines before
October 1, 1988, the chief special master determines that the number of
filings and resultant workload place an undue burden on the parties or
the special master involved in such proceedings, the chief special
master may, in the interest of justice, suspend proceedings on any
petition for up to 30 months (but for not more than 6 months at a time)
in addition to the suspension time under subparagraph (C).
(4)(A) Except as provided in subparagraph (B), information submitted
to a special master or the court in a proceeding on a petition may not
be disclosed to a person who is not a party to the proceeding without
the express written consent of the person who submitted the information.
(B) A decision of a special master or the court in a proceeding
shall be disclosed, except that if the decision is to include
information--
(i) which is trade secret or commercial or financial information
which is privileged and confidential, or
(ii) which are medical files and similar files the disclosure of
which would constitute a clearly unwarranted invasion of privacy,
and if the person who submitted such information objects to the
inclusion of such information in the decision, the decision shall be
disclosed without such information.
(e) Action by United States Court of Federal Claims
(1) Upon issuance of the special master's decision, the parties
shall have 30 days to file with the clerk of the United States Court of
Federal Claims a motion to have the court review the decision. If such a
motion is filed, the other party shall file a response with the clerk of
the United States Court of Federal Claims no later than 30 days after
the filing of such motion.
(2) Upon the filing of a motion under paragraph (1) with respect to
a petition, the United States Court of Federal Claims shall have
jurisdiction to undertake a review of the record of the proceedings and
may thereafter--
(A) uphold the findings of fact and conclusions of law of the
special master and sustain the special master's decision,
(B) set aside any findings of fact or conclusion of law of the
special master found to be arbitrary, capricious, an abuse of
discretion, or otherwise not in accordance with law and issue its
own findings of fact and conclusions of law, or
(C) remand the petition to the special master for further action
in accordance with the court's direction.
The court shall complete its action on a petition within 120 days of the
filing of a response under paragraph (1) excluding any days the petition
is before a special master as a result of a remand under subparagraph
(C). The court may allow not more than 90 days for remands under
subparagraph (C).
(3) In the absence of a motion under paragraph (1) respecting the
special master's decision or if the United States Court of Federal
Claims takes the action described in paragraph (2)(A) with respect to
the special master's decision, the clerk of the United States Court of
Federal Claims shall immediately enter judgment in accordance with the
special master's decision.
(f) Appeals
The findings of fact and conclusions of law of the United States
Court of Federal Claims on a petition shall be final determinations of
the matters involved, except that the Secretary or any petitioner
aggrieved by the findings or conclusions of the court may obtain review
of the judgment of the court in the United States court of appeals for
the Federal Circuit upon petition
filed within 60 days of the date of the judgment with such court of
appeals within 60 days of the date of entry of the United States Claims
Court's \2\ judgment with such court of appeals.
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\2\ So in original. Probably should be a reference to the United
States Court of Federal Claims.
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(g) Notice
If--
(1) a special master fails to make a decision on a petition
within the 240 days prescribed by subsection (d)(3)(A)(ii) of this
section (excluding (A) any period of suspension under subsection
(d)(3)(C) or (d)(3)(D) of this section, and (B) any days the
petition is before a special master as a result of a remand under
subsection (e)(2)(C) of this section), or
(2) the United States Court of Federal Claims 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)
of this section, and (B) any days the petition is before a special
master as a result of a remand under subsection (e)(2)(C) of this
section) 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
300aa-21(b) of this title or the petitioner may choose under section
300aa-21(b) of this title to have the petition remain before the special
master or court, as the case may be.
(July 1, 1944, ch. 373, title XXI, Sec. 2112, as added Pub. L. 99-660,
title III, Sec. 311(a), Nov. 14, 1986, 100 Stat. 3761; amended Pub. L.
100-203, title IV, Secs. 4303(d)(2)(A), 4307(3), 4308(a), (b), Dec.
22, 1987, 101 Stat. 1330-222, 1330-224; Pub. L. 100-360, title IV,
Sec. 411(o)(2), (3)(A), July 1, 1988, 102 Stat. 808; Pub. L. 101-239,
title VI, Sec. 6601(d)-(i), Dec. 19, 1989, 103 Stat. 2286-2290; Pub. L.
101-502, Sec. 5(b), Nov. 3, 1990, 104 Stat. 1286; Pub. L. 101-650, title
III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 102-168, title II,
Sec. 201(c), (d)(1), (h)(2), (3), Nov. 26, 1991, 105 Stat. 1103, 1104;
Pub. L. 102-572, title IX, Sec. 902(b), Oct. 29, 1992, 106 Stat. 4516;
Pub. L. 103-66, title XIII, Sec. 13632(c), Aug. 10, 1993, 107 Stat.
646.)
Codification
In subsec. (c)(4), ``on December 19, 1989,'' substituted for ``upon
the date of the enactment of this subsection'' and ``on the date of the
enactment of this subsection''.
In subsec. (d)(3)(D), ``October 1, 1988,'' substituted for ``the
effective date of this part''.
Prior Provisions
A prior section 300aa-12, act July 1, 1944, Sec. 2113, was
successively renumbered by subsequent acts and transferred, see section
238j of this title.
A prior section 2112 of act July 1, 1944, was successively
renumbered by subsequent acts and transferred, see section 238i of this
title.
Amendments
1993--Subsec. (d)(3)(D). Pub. L. 103-66 substituted ``30 months (but
for not more than 6 months at a time)'' for ``540 days''.
1992--Subsecs. (a), (c) to (g). Pub. L. 102-572 substituted ``United
States Court of Federal Claims'' for ``United States Claims Court'' and
``Court of Federal Claims'' for ``Claims Court'', wherever appearing.
1991--Subsec. (d)(3)(D). Pub. L. 102-168, Sec. 201(c), (h)(2),
realigned margin and substituted ``540 days'' for ``180 days''.
Subsec. (g). Pub. L. 102-168, Sec. 201(h)(3), made technical
amendment to underlying provisions of original Act.
Pub. L. 102-168, Sec. 201(d)(1), substituted ``or the petitioner may
choose under section 300aa-21(b) of this title to have the petition
remain before the special master or court, as the case may be'' for
``and the petition will be considered withdrawn under such section if
the petitioner, the special master, or the court do not take certain
actions'' before period at end.
1990--Subsec. (d)(3)(D). Pub. L. 101-502, Sec. 5(b)(1), added
subpar. (D).
Subsec. (g). Pub. L. 101-502, Sec. 5(b)(2), added subsec. (g).
1989--Subsec. (a). Pub. L. 101-239, Sec. 6601(d), substituted ``and
the United States Claims Court special masters shall, in accordance with
this section, have jurisdiction'' for ``shall have jurisdiction (1)'',
``. The United States Claims Court may issue'' for ``, and (2) to
issue'', and ``deems'' for ``deem''.
Subsec. (b)(1). Pub. L. 101-239, Sec. 6601(f), substituted ``In all
proceedings brought by the filing of a petition under section 300aa-
11(b) of this title, the Secretary shall be named as the respondent,
shall participate, and shall be represented in accordance with section
518(a) of title 28.'' for ``The Secretary shall be named as the
respondent in all proceedings brought by the filing of a petition under
section 300aa-11(b) of this title. Except as provided in paragraph (2),
no other person may intervene in any such proceeding.''
Subsec. (c). Pub. L. 101-239, Sec. 6601(e)(2), added subsec. (c).
Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 101-239, Sec. 6601(e)(1), redesignated subsec.
(c) as (d). Former subsec. (d) redesignated (e).
Subsec. (d)(1). Pub. L. 101-239, Sec. 6601(g)(1), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: ``Following
receipt of a petition under subsection (a) of this section, the United
States Claims Court shall designate a special master to carry out the
functions authorized by paragraph (2).''
Subsec. (d)(2) to (4). Pub. L. 101-239, Sec. 6601(g)(2), added pars.
(2) to (4) and struck out former par. (2) which prescribed functions of
special masters.
Subsec. (e). Pub. L. 101-239, Sec. 6601(h), substituted ``Action by
United States Claims Court'' for ``Action by court'' as heading and
amended text generally. Prior to amendment, text read as follows:
``(1) Upon objection by the petitioner or respondent to the proposed
findings of fact or conclusions of law prepared by the special master or
upon the court's own motion, the court shall undertake a review of the
record of the proceedings and may thereafter make a de novo
determination of any matter and issue its judgment accordingly,
including findings of fact and conclusions of law, or remand for further
proceedings.
``(2) If no objection is filed under paragraph (1) or if the court
does not choose to review the proceeding, the court shall adopt the
proposed findings of fact and conclusions of law of the special master
as its own and render judgment thereon.
``(3) The court shall render its judgment on any petition filed
under the Program as expeditiously as practicable but not later than 365
days after the date on which the petition was filed.''
Pub. L. 101-239, Sec. 6601(e)(1), redesignated subsec. (d) as (e).
Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 101-239, Sec. 6601(i), inserted ``within 60
days of the date of entry of the United States Claims Court's judgment
with such court of appeals'' after ``with such court of appeals''.
Pub. L. 101-239, Sec. 6601(e)(1), redesignated subsec. (e) as (f).
1988--Subsec. (c)(2). Pub. L. 100-360, Sec. 411(o)(3)(A), added Pub.
L. 100-203, Sec. 4308(a), see 1987 Amendment note below.
Subsec. (e). Pub. L. 100-360, Sec. 411(o)(2), made technical
amendment to directory language of Pub. L. 100-203, Sec. 4307(3)(C), see
1987 Amendment note below.
Pub. L. 100-360, Sec. 411(o)(3)(A), added Pub. L. 100-203,
Sec. 4308(b), see 1987 Amendment note below.
1987--Subsec. (a). Pub. L. 100-203, Sec. 4307(3)(A), substituted
``United States Claims Court'' for ``district courts of the United
States'' and ``the court'' for ``the courts''.
Subsec. (c)(1). Pub. L. 100-203, Sec. 4307(3)(B), substituted ``the
United States Claims Court'' for ``the district court of the United
States in which the petition is filed''.
Subsec. (c)(2). Pub. L. 100-203, Sec. 4308(a), as added by Pub. L.
100-360, Sec. 411(o)(3)(A), inserted ``, shall prepare and submit to the
court proposed findings of fact and conclusions of law,'' in
introductory provisions and struck out subpar. (E) which read as
follows: ``prepare and submit to the court proposed findings of fact and
conclusions of law.''
Subsec. (e). Pub. L. 100-203, Sec. 4308(b), as added by Pub. L. 100-
360, Sec. 411(o)(3)(A), inserted ``within 60 days of the date of the
judgment'' after ``petition filed''.
Pub. L. 100-203, Sec. 4307(3)(C), as amended by Pub. L. 100-360,
Sec. 411(o)(2), substituted ``the United States Claims Court'' for ``a
district court of the United States'' and ``for the Federal Circuit''
for ``for the circuit in which the court is located''.
Pub. L. 100-203, Sec. 4303(d)(2)(A), redesignated subsec. (g) as (e)
and struck out former subsec. (e) relating to administration of an
award.
Subsec. (f). Pub. L. 100-203, Sec. 4303(d)(2)(A), struck out subsec.
(f) which related to revision of an award.
Subsec. (g). Pub. L. 100-203, Sec. 4303(d)(2)(A), redesignated
subsec. (g) as (e).
Change of Name
``United States magistrate judges'' substituted for ``United States
magistrates'' in subsec. (c)(6)(C) pursuant to section 321 of Pub. L.
101-650, set out as a note under section 631 of Title 28, Judiciary and
Judicial Procedure.
Effective Date of 1992 Amendment
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of Title 28,
Judiciary and Judicial Procedure.
Effective Date of 1991 Amendment
Amendment by section 201(d)(1) of Pub. L. 102-168 effective as if in
effect on and after Oct. 1, 1988, see section 201(i)(2) of Pub. L. 102-
168, set out as a note under section 300aa-11 of this title.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101-502 effective Sept. 30, 1990, see section
5(h) of Pub. L. 101-502, set out as a note under section 300aa-11 of
this title.
Effective Date of 1989 Amendment
For applicability of amendments by Pub. L. 101-239 to petitions
filed after Dec. 19, 1989, petitions currently pending in which the
evidentiary record is closed, and petitions currently pending in which
the evidentiary record is not closed, with provision for an immediate
suspension for 30 days of all pending cases, except that such suspension
be excluded in determining the 240-day period prescribed in subsec. (d)
of this section, see section 6601(s)(1) of Pub. L. 101-239, set out as a
note under section 300aa-10 of this title.
Effective Date of 1988 Amendment
Except as specifically provided in section 411 of Pub. L. 100-360,
amendment by Pub. L. 100-360, as it relates to a provision in the
Omnibus Budget Reconciliation Act of 1987, Pub. L. 100-203, effective as
if included in the enactment of that provision in Pub. L. 100-203, see
section 411(a) of Pub. L. 100-360, set out as a Reference to OBRA;
Effective Date note under section 106 of Title 1, General Provisions.
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsec.
(c)(6)(E) of this section relating to reporting annually to the
Congress, see section 3003 of Pub. L. 104-66, as amended, set out as a
note under section 1113 of Title 31, Money and Finance, and page 13 of
House Document No. 103-7.
Review by 3-Judge Panel
Section 322(c) of Pub. L. 99-660, as added by Pub. L. 101-502,
Sec. 5(g)(2), Nov. 3, 1990, 104 Stat. 1288, and amended by Pub. L. 102-
572, title IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516, provided
that: ``If the review authorized by section 2112(f) [subsec. (f) of this
section] is held invalid because the judgment of the United States Court
of Federal Claims being reviewed did not arise from a case or
controversy under Article III of the Constitution, such judgment shall
be reviewed by a 3-judge panel of the United States Court of Federal
Claims. Such panel shall not include the judge who participated in such
judgment.''
[Enactment of section 322(c) of Pub. L. 99-660 by section 5(g)(2) of
Pub. L. 101-502, set out above, effective Nov. 14, 1986, see section
5(h) of Pub. L. 101-502, set out as an Effective Date of 1990 Amendment
note under section 300aa-11 of this title.]
(d) Special masters
(1) Following the receipt and filing of a petition under section
300aa-11 of this title, the clerk of the United States Court of Federal
Claims shall forward the petition to the chief special master who shall
designate a special master to carry out the functions authorized by
paragraph (3).
(2) The special masters shall recommend rules to the Court of
Federal Claims and, taking into account such recommended rules, the
Court of Federal Claims shall promulgate rules pursuant to section 2071
of title 28. Such rules shall--
(A) provide for a less-adversarial, expeditious, and informal
proceeding for the resolution of petitions,
(B) include flexible and informal standards of admissibility of
evidence,
(C) include the opportunity for summary judgment,
(D) include the opportunity for parties to submit arguments and
evidence on the record
without requiring routine use of oral presentations, cross
examinations, or hearings, and
(E) provide for limitations on discovery and allow the special
masters to replace the usual rules of discovery in civil actions in
the United States Court of Federal Claims.
(3)(A) A special master to whom a petition has been assigned shall
issue a decision on such petition with respect to whether compensation
is to be provided under the Program and the amount of such compensation.
The decision of the special master shall--
(i) include findings of fact and conclusions of law, and
(ii) be issued as expeditiously as practicable but not later
than 240 days, exclusive of suspended time under subparagraph (C),
after the date the petition was filed.
The decision of the special master may be reviewed by the United States
Court of Federal Claims in accordance with subsection (e) of this
section.
(B) In conducting a proceeding on a petition a special master--
(i) may require such evidence as may be reasonable and
necessary,
(ii) may require the submission of such information as may be
reasonable and necessary,
(iii) may require the testimony of any person and the production
of any documents as may be reasonable and necessary,
(iv) shall afford all interested persons an opportunity to
submit relevant written information--
(I) relating to the existence of the evidence described in
section 300aa-13(a)(1)(B) of this title, or
(II) relating to any allegation in a petition with respect
to the matters described in section 300aa-11(c)(1)(C)(ii) of
this title, and
(v) may conduct such hearings as may be reasonable and
necessary.
There may be no discovery in a proceeding on a petition other than the
discovery required by the special master.
(C) In conducting a proceeding on a petition a special master shall
suspend the proceedings one time for 30 days on the motion of either
party. After a motion for suspension is granted, further motions for
suspension by either party may be granted by the special master, if the
special master determines the suspension is reasonable and necessary,
for an aggregate period not to exceed 150 days.
(D) If, in reviewing proceedings on petitions for vaccine-related
injuries or deaths associated with the administration of vaccines before
October 1, 1988, the chief special master determines that the number of
filings and resultant workload place an undue burden on the parties or
the special master involved in such proceedings, the chief special
master may, in the interest of justice, suspend proceedings on any
petition for up to 30 months (but for not more than 6 months at a time)
in addition to the suspension time under subparagraph (C).
(4)(A) Except as provided in subparagraph (B), information submitted
to a special master or the court in a proceeding on a petition may not
be disclosed to a person who is not a party to the proceeding without
the express written consent of the person who submitted the information.
(B) A decision of a special master or the court in a proceeding
shall be disclosed, except that if the decision is to include
information--
(i) which is trade secret or commercial or financial information
which is privileged and confidential, or
(ii) which are medical files and similar files the disclosure of
which would constitute a clearly unwarranted invasion of privacy,
and if the person who submitted such information objects to the
inclusion of such information in the decision, the decision shall be
disclosed without such information.
(e) Action by United States Court of Federal Claims
(1) Upon issuance of the special master's decision, the parties
shall have 30 days to file with the clerk of the United States Court of
Federal Claims a motion to have the court review the decision. If such a
motion is filed, the other party shall file a response with the clerk of
the United States Court of Federal Claims no later than 30 days after
the filing of such motion.
(2) Upon the filing of a motion under paragraph (1) with respect to
a petition, the United States Court of Federal Claims shall have
jurisdiction to undertake a review of the record of the proceedings and
may thereafter--
(A) uphold the findings of fact and conclusions of law of the
special master and sustain the special master's decision,
(B) set aside any findings of fact or conclusion of law of the
special master found to be arbitrary, capricious, an abuse of
discretion, or otherwise not in accordance with law and issue its
own findings of fact and conclusions of law, or
(C) remand the petition to the special master for further action
in accordance with the court's direction.
The court shall complete its action on a petition within 120 days of the
filing of a response under paragraph (1) excluding any days the petition
is before a special master as a result of a remand under subparagraph
(C). The court may allow not more than 90 days for remands under
subparagraph (C).
(3) In the absence of a motion under paragraph (1) respecting the
special master's decision or if the United States Court of Federal
Claims takes the action described in paragraph (2)(A) with respect to
the special master's decision, the clerk of the United States Court of
Federal Claims shall immediately enter judgment in accordance with the
special master's decision.
(f) Appeals
The findings of fact and conclusions of law of the United States
Court of Federal Claims on a petition shall be final determinations of
the matters involved, except that the Secretary or any petitioner
aggrieved by the findings or conclusions of the court may obtain review
of the judgment of the court in the United States court of appeals for
the Federal Circuit upon petition
filed within 60 days of the date of the judgment with such court of
appeals within 60 days of the date of entry of the United States Claims
Court's \2\ judgment with such court of appeals.
---------------------------------------------------------------------------
\2\ So in original. Probably should be a reference to the United
States Court of Federal Claims.
---------------------------------------------------------------------------
(g) Notice
If--
(1) a special master fails to make a decision on a petition
within the 240 days prescribed by subsection (d)(3)(A)(ii) of this
section (excluding (A) any period of suspension under subsection
(d)(3)(C) or (d)(3)(D) of this section, and (B) any days the
petition is before a special master as a result of a remand under
subsection (e)(2)(C) of this section), or
(2) the United States Court of Federal Claims 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)
of this section, and (B) any days the petition is before a special
master as a result of a remand under subsection (e)(2)(C) of this
section) 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
300aa-21(b) of this title or the petitioner may choose under section
300aa-21(b) of this title to have the petition remain before the special
master or court, as the case may be.
(July 1, 1944, ch. 373, title XXI, Sec. 2112, as added Pub. L. 99-660,
title III, Sec. 311(a), Nov. 14, 1986, 100 Stat. 3761; amended Pub. L.
100-203, title IV, Secs. 4303(d)(2)(A), 4307(3), 4308(a), (b), Dec.
22, 1987, 101 Stat. 1330-222, 1330-224; Pub. L. 100-360, title IV,
Sec. 411(o)(2), (3)(A), July 1, 1988, 102 Stat. 808; Pub. L. 101-239,
title VI, Sec. 6601(d)-(i), Dec. 19, 1989, 103 Stat. 2286-2290; Pub. L.
101-502, Sec. 5(b), Nov. 3, 1990, 104 Stat. 1286; Pub. L. 101-650, title
III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 102-168, title II,
Sec. 201(c), (d)(1), (h)(2), (3), Nov. 26, 1991, 105 Stat. 1103, 1104;
Pub. L. 102-572, title IX, Sec. 902(b), Oct. 29, 1992, 106 Stat. 4516;
Pub. L. 103-66, title XIII, Sec. 13632(c), Aug. 10, 1993, 107 Stat.
646.)
Codification
In subsec. (c)(4), ``on December 19, 1989,'' substituted for ``upon
the date of the enactment of this subsection'' and ``on the date of the
enactment of this subsection''.
In subsec. (d)(3)(D), ``October 1, 1988,'' substituted for ``the
effective date of this part''.
Prior Provisions
A prior section 300aa-12, act July 1, 1944, Sec. 2113, was
successively renumbered by subsequent acts and transferred, see section
238j of this title.
A prior section 2112 of act July 1, 1944, was successively
renumbered by subsequent acts and transferred, see section 238i of this
title.
Amendments
1993--Subsec. (d)(3)(D). Pub. L. 103-66 substituted ``30 months (but
for not more than 6 months at a time)'' for ``540 days''.
1992--Subsecs. (a), (c) to (g). Pub. L. 102-572 substituted ``United
States Court of Federal Claims'' for ``United States Claims Court'' and
``Court of Federal Claims'' for ``Claims Court'', wherever appearing.
1991--Subsec. (d)(3)(D). Pub. L. 102-168, Sec. 201(c), (h)(2),
realigned margin and substituted ``540 days'' for ``180 days''.
Subsec. (g). Pub. L. 102-168, Sec. 201(h)(3), made technical
amendment to underlying provisions of original Act.
Pub. L. 102-168, Sec. 201(d)(1), substituted ``or the petitioner may
choose under section 300aa-21(b) of this title to have the petition
remain before the special master or court, as the case may be'' for
``and the petition will be considered withdrawn under such section if
the petitioner, the special master, or the court do not take certain
actions'' before period at end.
1990--Subsec. (d)(3)(D). Pub. L. 101-502, Sec. 5(b)(1), added
subpar. (D).
Subsec. (g). Pub. L. 101-502, Sec. 5(b)(2), added subsec. (g).
1989--Subsec. (a). Pub. L. 101-239, Sec. 6601(d), substituted ``and
the United States Claims Court special masters shall, in accordance with
this section, have jurisdiction'' for ``shall have jurisdiction (1)'',
``. The United States Claims Court may issue'' for ``, and (2) to
issue'', and ``deems'' for ``deem''.
Subsec. (b)(1). Pub. L. 101-239, Sec. 6601(f), substituted ``In all
proceedings brought by the filing of a petition under section 300aa-
11(b) of this title, the Secretary shall be named as the respondent,
shall participate, and shall be represented in accordance with section
518(a) of title 28.'' for ``The Secretary shall be named as the
respondent in all proceedings brought by the filing of a petition under
section 300aa-11(b) of this title. Except as provided in paragraph (2),
no other person may intervene in any such proceeding.''
Subsec. (c). Pub. L. 101-239, Sec. 6601(e)(2), added subsec. (c).
Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 101-239, Sec. 6601(e)(1), redesignated subsec.
(c) as (d). Former subsec. (d) redesignated (e).
Subsec. (d)(1). Pub. L. 101-239, Sec. 6601(g)(1), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: ``Following
receipt of a petition under subsection (a) of this section, the United
States Claims Court shall designate a special master to carry out the
functions authorized by paragraph (2).''
Subsec. (d)(2) to (4). Pub. L. 101-239, Sec. 6601(g)(2), added pars.
(2) to (4) and struck out former par. (2) which prescribed functions of
special masters.
Subsec. (e). Pub. L. 101-239, Sec. 6601(h), substituted ``Action by
United States Claims Court'' for ``Action by court'' as heading and
amended text generally. Prior to amendment, text read as follows:
``(1) Upon objection by the petitioner or respondent to the proposed
findings of fact or conclusions of law prepared by the special master or
upon the court's own motion, the court shall undertake a review of the
record of the proceedings and may thereafter make a de novo
determination of any matter and issue its judgment accordingly,
including findings of fact and conclusions of law, or remand for further
proceedings.
``(2) If no objection is filed under paragraph (1) or if the court
does not choose to review the proceeding, the court shall adopt the
proposed findings of fact and conclusions of law of the special master
as its own and render judgment thereon.
``(3) The court shall render its judgment on any petition filed
under the Program as expeditiously as practicable but not later than 365
days after the date on which the petition was filed.''
Pub. L. 101-239, Sec. 6601(e)(1), redesignated subsec. (d) as (e).
Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 101-239, Sec. 6601(i), inserted ``within 60
days of the date of entry of the United States Claims Court's judgment
with such court of appeals'' after ``with such court of appeals''.
Pub. L. 101-239, Sec. 6601(e)(1), redesignated subsec. (e) as (f).
1988--Subsec. (c)(2). Pub. L. 100-360, Sec. 411(o)(3)(A), added Pub.
L. 100-203, Sec. 4308(a), see 1987 Amendment note below.
Subsec. (e). Pub. L. 100-360, Sec. 411(o)(2), made technical
amendment to directory language of Pub. L. 100-203, Sec. 4307(3)(C), see
1987 Amendment note below.
Pub. L. 100-360, Sec. 411(o)(3)(A), added Pub. L. 100-203,
Sec. 4308(b), see 1987 Amendment note below.
1987--Subsec. (a). Pub. L. 100-203, Sec. 4307(3)(A), substituted
``United States Claims Court'' for ``district courts of the United
States'' and ``the court'' for ``the courts''.
Subsec. (c)(1). Pub. L. 100-203, Sec. 4307(3)(B), substituted ``the
United States Claims Court'' for ``the district court of the United
States in which the petition is filed''.
Subsec. (c)(2). Pub. L. 100-203, Sec. 4308(a), as added by Pub. L.
100-360, Sec. 411(o)(3)(A), inserted ``, shall prepare and submit to the
court proposed findings of fact and conclusions of law,'' in
introductory provisions and struck out subpar. (E) which read as
follows: ``prepare and submit to the court proposed findings of fact and
conclusions of law.''
Subsec. (e). Pub. L. 100-203, Sec. 4308(b), as added by Pub. L. 100-
360, Sec. 411(o)(3)(A), inserted ``within 60 days of the date of the
judgment'' after ``petition filed''.
Pub. L. 100-203, Sec. 4307(3)(C), as amended by Pub. L. 100-360,
Sec. 411(o)(2), substituted ``the United States Claims Court'' for ``a
district court of the United States'' and ``for the Federal Circuit''
for ``for the circuit in which the court is located''.
Pub. L. 100-203, Sec. 4303(d)(2)(A), redesignated subsec. (g) as (e)
and struck out former subsec. (e) relating to administration of an
award.
Subsec. (f). Pub. L. 100-203, Sec. 4303(d)(2)(A), struck out subsec.
(f) which related to revision of an award.
Subsec. (g). Pub. L. 100-203, Sec. 4303(d)(2)(A), redesignated
subsec. (g) as (e).
Change of Name
``United States magistrate judges'' substituted for ``United States
magistrates'' in subsec. (c)(6)(C) pursuant to section 321 of Pub. L.
101-650, set out as a note under section 631 of Title 28, Judiciary and
Judicial Procedure.
Effective Date of 1992 Amendment
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of Title 28,
Judiciary and Judicial Procedure.
Effective Date of 1991 Amendment
Amendment by section 201(d)(1) of Pub. L. 102-168 effective as if in
effect on and after Oct. 1, 1988, see section 201(i)(2) of Pub. L. 102-
168, set out as a note under section 300aa-11 of this title.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101-502 effective Sept. 30, 1990, see section
5(h) of Pub. L. 101-502, set out as a note under section 300aa-11 of
this title.
Effective Date of 1989 Amendment
For applicability of amendments by Pub. L. 101-239 to petitions
filed after Dec. 19, 1989, petitions currently pending in which the
evidentiary record is closed, and petitions currently pending in which
the evidentiary record is not closed, with provision for an immediate
suspension for 30 days of all pending cases, except that such suspension
be excluded in determining the 240-day period prescribed in subsec. (d)
of this section, see section 6601(s)(1) of Pub. L. 101-239, set out as a
note under section 300aa-10 of this title.
Effective Date of 1988 Amendment
Except as specifically provided in section 411 of Pub. L. 100-360,
amendment by Pub. L. 100-360, as it relates to a provision in the
Omnibus Budget Reconciliation Act of 1987, Pub. L. 100-203, effective as
if included in the enactment of that provision in Pub. L. 100-203, see
section 411(a) of Pub. L. 100-360, set out as a Reference to OBRA;
Effective Date note under section 106 of Title 1, General Provisions.
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsec.
(c)(6)(E) of this section relating to reporting annually to the
Congress, see section 3003 of Pub. L. 104-66, as amended, set out as a
note under section 1113 of Title 31, Money and Finance, and page 13 of
House Document No. 103-7.
Review by 3-Judge Panel
Section 322(c) of Pub. L. 99-660, as added by Pub. L. 101-502,
Sec. 5(g)(2), Nov. 3, 1990, 104 Stat. 1288, and amended by Pub. L. 102-
572, title IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516, provided
that: ``If the review authorized by section 2112(f) [subsec. (f) of this
section] is held invalid because the judgment of the United States Court
of Federal Claims being reviewed did not arise from a case or
controversy under Article III of the Constitution, such judgment shall
be reviewed by a 3-judge panel of the United States Court of Federal
Claims. Such panel shall not include the judge who participated in such
judgment.''
[Enactment of section 322(c) of Pub. L. 99-660 by section 5(g)(2) of
Pub. L. 101-502, set out above, effective Nov. 14, 1986, see section
5(h) of Pub. L. 101-502, set out as an Effective Date of 1990 Amendment
note under section 300aa-11 of this title.]
(d) Special masters
(1) Following the receipt and filing of a petition under section
300aa-11 of this title, the clerk of the United States Court of Federal
Claims shall forward the petition to the chief special master who shall
designate a special master to carry out the functions authorized by
paragraph (3).
(2) The special masters shall recommend rules to the Court of
Federal Claims and, taking into account such recommended rules, the
Court of Federal Claims shall promulgate rules pursuant to section 2071
of title 28. Such rules shall--
(A) provide for a less-adversarial, expeditious, and informal
proceeding for the resolution of petitions,
(B) include flexible and informal standards of admissibility of
evidence,
(C) include the opportunity for summary judgment,
(D) include the opportunity for parties to submit arguments and
evidence on the record
without requiring routine use of oral presentations, cross
examinations, or hearings, and
(E) provide for limitations on discovery and allow the special
masters to replace the usual rules of discovery in civil actions in
the United States Court of Federal Claims.
(3)(A) A special master to whom a petition has been assigned shall
issue a decision on such petition with respect to whether compensation
is to be provided under the Program and the amount of such compensation.
The decision of the special master shall--
(i) include findings of fact and conclusions of law, and
(ii) be issued as expeditiously as practicable but not later
than 240 days, exclusive of suspended time under subparagraph (C),
after the date the petition was filed.
The decision of the special master may be reviewed by the United States
Court of Federal Claims in accordance with subsection (e) of this
section.
(B) In conducting a proceeding on a petition a special master--
(i) may require such evidence as may be reasonable and
necessary,
(ii) may require the submission of such information as may be
reasonable and necessary,
(iii) may require the testimony of any person and the production
of any documents as may be reasonable and necessary,
(iv) shall afford all interested persons an opportunity to
submit relevant written information--
(I) relating to the existence of the evidence described in
section 300aa-13(a)(1)(B) of this title, or
(II) relating to any allegation in a petition with respect
to the matters described in section 300aa-11(c)(1)(C)(ii) of
this title, and
(v) may conduct such hearings as may be reasonable and
necessary.
There may be no discovery in a proceeding on a petition other than the
discovery required by the special master.
(C) In conducting a proceeding on a petition a special master shall
suspend the proceedings one time for 30 days on the motion of either
party. After a motion for suspension is granted, further motions for
suspension by either party may be granted by the special master, if the
special master determines the suspension is reasonable and necessary,
for an aggregate period not to exceed 150 days.
(D) If, in reviewing proceedings on petitions for vaccine-related
injuries or deaths associated with the administration of vaccines before
October 1, 1988, the chief special master determines that the number of
filings and resultant workload place an undue burden on the parties or
the special master involved in such proceedings, the chief special
master may, in the interest of justice, suspend proceedings on any
petition for up to 30 months (but for not more than 6 months at a time)
in addition to the suspension time under subparagraph (C).
(4)(A) Except as provided in subparagraph (B), information submitted
to a special master or the court in a proceeding on a petition may not
be disclosed to a person who is not a party to the proceeding without
the express written consent of the person who submitted the information.
(B) A decision of a special master or the court in a proceeding
shall be disclosed, except that if the decision is to include
information--
(i) which is trade secret or commercial or financial information
which is privileged and confidential, or
(ii) which are medical files and similar files the disclosure of
which would constitute a clearly unwarranted invasion of privacy,
and if the person who submitted such information objects to the
inclusion of such information in the decision, the decision shall be
disclosed without such information.
(e) Action by United States Court of Federal Claims
(1) Upon issuance of the special master's decision, the parties
shall have 30 days to file with the clerk of the United States Court of
Federal Claims a motion to have the court review the decision. If such a
motion is filed, the other party shall file a response with the clerk of
the United States Court of Federal Claims no later than 30 days after
the filing of such motion.
(2) Upon the filing of a motion under paragraph (1) with respect to
a petition, the United States Court of Federal Claims shall have
jurisdiction to undertake a review of the record of the proceedings and
may thereafter--
(A) uphold the findings of fact and conclusions of law of the
special master and sustain the special master's decision,
(B) set aside any findings of fact or conclusion of law of the
special master found to be arbitrary, capricious, an abuse of
discretion, or otherwise not in accordance with law and issue its
own findings of fact and conclusions of law, or
(C) remand the petition to the special master for further action
in accordance with the court's direction.
The court shall complete its action on a petition within 120 days of the
filing of a response under paragraph (1) excluding any days the petition
is before a special master as a result of a remand under subparagraph
(C). The court may allow not more than 90 days for remands under
subparagraph (C).
(3) In the absence of a motion under paragraph (1) respecting the
special master's decision or if the United States Court of Federal
Claims takes the action described in paragraph (2)(A) with respect to
the special master's decision, the clerk of the United States Court of
Federal Claims shall immediately enter judgment in accordance with the
special master's decision.
(f) Appeals
The findings of fact and conclusions of law of the United States
Court of Federal Claims on a petition shall be final determinations of
the matters involved, except that the Secretary or any petitioner
aggrieved by the findings or conclusions of the court may obtain review
of the judgment of the court in the United States court of appeals for
the Federal Circuit upon petition
filed within 60 days of the date of the judgment with such court of
appeals within 60 days of the date of entry of the United States Claims
Court's \2\ judgment with such court of appeals.
---------------------------------------------------------------------------
\2\ So in original. Probably should be a reference to the United
States Court of Federal Claims.
---------------------------------------------------------------------------
(g) Notice
If--
(1) a special master fails to make a decision on a petition
within the 240 days prescribed by subsection (d)(3)(A)(ii) of this
section (excluding (A) any period of suspension under subsection
(d)(3)(C) or (d)(3)(D) of this section, and (B) any days the
petition is before a special master as a result of a remand under
subsection (e)(2)(C) of this section), or
(2) the United States Court of Federal Claims 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)
of this section, and (B) any days the petition is before a special
master as a result of a remand under subsection (e)(2)(C) of this
section) 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
300aa-21(b) of this title or the petitioner may choose under section
300aa-21(b) of this title to have the petition remain before the special
master or court, as the case may be.
(July 1, 1944, ch. 373, title XXI, Sec. 2112, as added Pub. L. 99-660,
title III, Sec. 311(a), Nov. 14, 1986, 100 Stat. 3761; amended Pub. L.
100-203, title IV, Secs. 4303(d)(2)(A), 4307(3), 4308(a), (b), Dec.
22, 1987, 101 Stat. 1330-222, 1330-224; Pub. L. 100-360, title IV,
Sec. 411(o)(2), (3)(A), July 1, 1988, 102 Stat. 808; Pub. L. 101-239,
title VI, Sec. 6601(d)-(i), Dec. 19, 1989, 103 Stat. 2286-2290; Pub. L.
101-502, Sec. 5(b), Nov. 3, 1990, 104 Stat. 1286; Pub. L. 101-650, title
III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 102-168, title II,
Sec. 201(c), (d)(1), (h)(2), (3), Nov. 26, 1991, 105 Stat. 1103, 1104;
Pub. L. 102-572, title IX, Sec. 902(b), Oct. 29, 1992, 106 Stat. 4516;
Pub. L. 103-66, title XIII, Sec. 13632(c), Aug. 10, 1993, 107 Stat.
646.)
Codification
In subsec. (c)(4), ``on December 19, 1989,'' substituted for ``upon
the date of the enactment of this subsection'' and ``on the date of the
enactment of this subsection''.
In subsec. (d)(3)(D), ``October 1, 1988,'' substituted for ``the
effective date of this part''.
Prior Provisions
A prior section 300aa-12, act July 1, 1944, Sec. 2113, was
successively renumbered by subsequent acts and transferred, see section
238j of this title.
A prior section 2112 of act July 1, 1944, was successively
renumbered by subsequent acts and transferred, see section 238i of this
title.
Amendments
1993--Subsec. (d)(3)(D). Pub. L. 103-66 substituted ``30 months (but
for not more than 6 months at a time)'' for ``540 days''.
1992--Subsecs. (a), (c) to (g). Pub. L. 102-572 substituted ``United
States Court of Federal Claims'' for ``United States Claims Court'' and
``Court of Federal Claims'' for ``Claims Court'', wherever appearing.
1991--Subsec. (d)(3)(D). Pub. L. 102-168, Sec. 201(c), (h)(2),
realigned margin and substituted ``540 days'' for ``180 days''.
Subsec. (g). Pub. L. 102-168, Sec. 201(h)(3), made technical
amendment to underlying provisions of original Act.
Pub. L. 102-168, Sec. 201(d)(1), substituted ``or the petitioner may
choose under section 300aa-21(b) of this title to have the petition
remain before the special master or court, as the case may be'' for
``and the petition will be considered withdrawn under such section if
the petitioner, the special master, or the court do not take certain
actions'' before period at end.
1990--Subsec. (d)(3)(D). Pub. L. 101-502, Sec. 5(b)(1), added
subpar. (D).
Subsec. (g). Pub. L. 101-502, Sec. 5(b)(2), added subsec. (g).
1989--Subsec. (a). Pub. L. 101-239, Sec. 6601(d), substituted ``and
the United States Claims Court special masters shall, in accordance with
this section, have jurisdiction'' for ``shall have jurisdiction (1)'',
``. The United States Claims Court may issue'' for ``, and (2) to
issue'', and ``deems'' for ``deem''.
Subsec. (b)(1). Pub. L. 101-239, Sec. 6601(f), substituted ``In all
proceedings brought by the filing of a petition under section 300aa-
11(b) of this title, the Secretary shall be named as the respondent,
shall participate, and shall be represented in accordance with section
518(a) of title 28.'' for ``The Secretary shall be named as the
respondent in all proceedings brought by the filing of a petition under
section 300aa-11(b) of this title. Except as provided in paragraph (2),
no other person may intervene in any such proceeding.''
Subsec. (c). Pub. L. 101-239, Sec. 6601(e)(2), added subsec. (c).
Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 101-239, Sec. 6601(e)(1), redesignated subsec.
(c) as (d). Former subsec. (d) redesignated (e).
Subsec. (d)(1). Pub. L. 101-239, Sec. 6601(g)(1), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: ``Following
receipt of a petition under subsection (a) of this section, the United
States Claims Court shall designate a special master to carry out the
functions authorized by paragraph (2).''
Subsec. (d)(2) to (4). Pub. L. 101-239, Sec. 6601(g)(2), added pars.
(2) to (4) and struck out former par. (2) which prescribed functions of
special masters.
Subsec. (e). Pub. L. 101-239, Sec. 6601(h), substituted ``Action by
United States Claims Court'' for ``Action by court'' as heading and
amended text generally. Prior to amendment, text read as follows:
``(1) Upon objection by the petitioner or respondent to the proposed
findings of fact or conclusions of law prepared by the special master or
upon the court's own motion, the court shall undertake a review of the
record of the proceedings and may thereafter make a de novo
determination of any matter and issue its judgment accordingly,
including findings of fact and conclusions of law, or remand for further
proceedings.
``(2) If no objection is filed under paragraph (1) or if the court
does not choose to review the proceeding, the court shall adopt the
proposed findings of fact and conclusions of law of the special master
as its own and render judgment thereon.
``(3) The court shall render its judgment on any petition filed
under the Program as expeditiously as practicable but not later than 365
days after the date on which the petition was filed.''
Pub. L. 101-239, Sec. 6601(e)(1), redesignated subsec. (d) as (e).
Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 101-239, Sec. 6601(i), inserted ``within 60
days of the date of entry of the United States Claims Court's judgment
with such court of appeals'' after ``with such court of appeals''.
Pub. L. 101-239, Sec. 6601(e)(1), redesignated subsec. (e) as (f).
1988--Subsec. (c)(2). Pub. L. 100-360, Sec. 411(o)(3)(A), added Pub.
L. 100-203, Sec. 4308(a), see 1987 Amendment note below.
Subsec. (e). Pub. L. 100-360, Sec. 411(o)(2), made technical
amendment to directory language of Pub. L. 100-203, Sec. 4307(3)(C), see
1987 Amendment note below.
Pub. L. 100-360, Sec. 411(o)(3)(A), added Pub. L. 100-203,
Sec. 4308(b), see 1987 Amendment note below.
1987--Subsec. (a). Pub. L. 100-203, Sec. 4307(3)(A), substituted
``United States Claims Court'' for ``district courts of the United
States'' and ``the court'' for ``the courts''.
Subsec. (c)(1). Pub. L. 100-203, Sec. 4307(3)(B), substituted ``the
United States Claims Court'' for ``the district court of the United
States in which the petition is filed''.
Subsec. (c)(2). Pub. L. 100-203, Sec. 4308(a), as added by Pub. L.
100-360, Sec. 411(o)(3)(A), inserted ``, shall prepare and submit to the
court proposed findings of fact and conclusions of law,'' in
introductory provisions and struck out subpar. (E) which read as
follows: ``prepare and submit to the court proposed findings of fact and
conclusions of law.''
Subsec. (e). Pub. L. 100-203, Sec. 4308(b), as added by Pub. L. 100-
360, Sec. 411(o)(3)(A), inserted ``within 60 days of the date of the
judgment'' after ``petition filed''.
Pub. L. 100-203, Sec. 4307(3)(C), as amended by Pub. L. 100-360,
Sec. 411(o)(2), substituted ``the United States Claims Court'' for ``a
district court of the United States'' and ``for the Federal Circuit''
for ``for the circuit in which the court is located''.
Pub. L. 100-203, Sec. 4303(d)(2)(A), redesignated subsec. (g) as (e)
and struck out former subsec. (e) relating to administration of an
award.
Subsec. (f). Pub. L. 100-203, Sec. 4303(d)(2)(A), struck out subsec.
(f) which related to revision of an award.
Subsec. (g). Pub. L. 100-203, Sec. 4303(d)(2)(A), redesignated
subsec. (g) as (e).
Change of Name
``United States magistrate judges'' substituted for ``United States
magistrates'' in subsec. (c)(6)(C) pursuant to section 321 of Pub. L.
101-650, set out as a note under section 631 of Title 28, Judiciary and
Judicial Procedure.
Effective Date of 1992 Amendment
Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
911 of Pub. L. 102-572, set out as a note under section 171 of Title 28,
Judiciary and Judicial Procedure.
Effective Date of 1991 Amendment
Amendment by section 201(d)(1) of Pub. L. 102-168 effective as if in
effect on and after Oct. 1, 1988, see section 201(i)(2) of Pub. L. 102-
168, set out as a note under section 300aa-11 of this title.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101-502 effective Sept. 30, 1990, see section
5(h) of Pub. L. 101-502, set out as a note under section 300aa-11 of
this title.
Effective Date of 1989 Amendment
For applicability of amendments by Pub. L. 101-239 to petitions
filed after Dec. 19, 1989, petitions currently pending in which the
evidentiary record is closed, and petitions currently pending in which
the evidentiary record is not closed, with provision for an immediate
suspension for 30 days of all pending cases, except that such suspension
be excluded in determining the 240-day period prescribed in subsec. (d)
of this section, see section 6601(s)(1) of Pub. L. 101-239, set out as a
note under section 300aa-10 of this title.
Effective Date of 1988 Amendment
Except as specifically provided in section 411 of Pub. L. 100-360,
amendment by Pub. L. 100-360, as it relates to a provision in the
Omnibus Budget Reconciliation Act of 1987, Pub. L. 100-203, effective as
if included in the enactment of that provision in Pub. L. 100-203, see
section 411(a) of Pub. L. 100-360, set out as a Reference to OBRA;
Effective Date note under section 106 of Title 1, General Provisions.
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsec.
(c)(6)(E) of this section relating to reporting annually to the
Congress, see section 3003 of Pub. L. 104-66, as amended, set out as a
note under section 1113 of Title 31, Money and Finance, and page 13 of
House Document No. 103-7.
Review by 3-Judge Panel
Section 322(c) of Pub. L. 99-660, as added by Pub. L. 101-502,
Sec. 5(g)(2), Nov. 3, 1990, 104 Stat. 1288, and amended by Pub. L. 102-
572, title IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516, provided
that: ``If the review authorized by section 2112(f) [subsec. (f) of this
section] is held invalid because the judgment of the United States Court
of Federal Claims being reviewed did not arise from a case or
controversy under Article III of the Constitution, such judgment shall
be reviewed by a 3-judge panel of the United States Court of Federal
Claims. Such panel shall not include the judge who participated in such
judgment.''
[Enactment of section 322(c) of Pub. L. 99-660 by section 5(g)(2) of
Pub. L. 101-502, set out above, effective Nov. 14, 1986, see section
5(h) of Pub. L. 101-502, set out as an Effective Date of 1990 Amendment
note under section 300aa-11 of this title.]