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Title 42, The Public Health and WelfareRelease 119-73not60

§300aa–33 Definitions

Title 42 › Chapter 6A— PUBLIC HEALTH SERVICE › Subchapter XIX— VACCINES › Part 2— National Vaccine Injury Compensation Program › Subpart d— general provisions › § 300aa–33

Last updated Apr 5, 2026|Official source

Summary

Defines key words used in this part of the law. Health care provider means any licensed health professional, organization, or institution, public or private, that gives a vaccine listed in the Vaccine Injury Table. Legal representative means a parent or someone who is a legal guardian under state law. Manufacturer means any public or private company, organization, or agency that makes, imports, processes, or distributes under its label a vaccine on the Vaccine Injury Table; for section 300aa–28 it also covers makers of other vaccines mentioned in that section. “Manufacture” means to make, import, process, or distribute a vaccine. Significant aggravation means a clear worsening of a preexisting condition that causes much greater disability, pain, or illness and a major decline in health. Vaccine-related injury or death means a sickness, injury, condition, or death linked to one or more vaccines on the Vaccine Injury Table, but not if caused by a substance deliberately added to the vaccine. Advisory Commission on Childhood Vaccines refers to the commission set up under section 300aa–19, and Vaccine Injury Table refers to the table in section 300aa–14.

Full Legal Text

Title 42, §300aa–33

The Public Health and Welfare, Source: USLM XML via OLRC

For purposes of this part:
(1)The term “health care provider” means any licensed health care professional, organization, or institution, whether public or private (including Federal, State, and local departments, agencies, and instrumentalities) under whose authority a vaccine set forth in the Vaccine Injury Table is administered.
(2)The term “legal representative” means a parent or an individual who qualifies as a legal guardian under State law.
(3)The term “manufacturer” means any corporation, organization, or institution, whether public or private (including Federal, State, and local departments, agencies, and instrumentalities), which manufactures, imports, processes, or distributes under its label any vaccine set forth in the Vaccine Injury Table, except that, for purposes of section 300aa–28 of this title, such term shall include the manufacturer of any other vaccine covered by that section. The term “manufacture” means to manufacture, import, process, or distribute a vaccine.
(4)The term “significant aggravation” means any change for the worse in a preexisting condition which results in markedly greater disability, pain, or illness accompanied by substantial deterioration of health.
(5)The term “vaccine-related injury or death” means an illness, injury, condition, or death associated with one or more of the vaccines set forth in the Vaccine Injury Table, except that the term does not include an illness, injury, condition, or death associated with an adulterant or contaminant intentionally added to such a vaccine.
(6)(A)The term “Advisory Commission on Childhood Vaccines” means the Commission established under section 300aa–19 of this title.
(B)The term “Vaccine Injury Table” means the table set out in section 300aa–14 of this title.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2003—Pars. (3), (5), (7). Pub. L. 108–7 repealed Pub. L. 107–296, §§ 1714–1717, and provided that this chapter shall be applied as if the sections repealed had never been enacted. See 2002 Amendment notes below. 2002—Par. (3). Pub. L. 107–296, § 1714, which directed amendment of first sentence by substituting “any vaccine set forth in the Vaccine Injury table, including any component or ingredient of any such vaccine” for “under its label any vaccine set forth in the Vaccine Injury Table” and of second sentence by inserting “including any component or ingredient of any such vaccine” before period at end, was repealed by Pub. L. 108–7. Par. (5). Pub. L. 107–296, § 1715, which directed insertion of “For purposes of the preceding sentence, an adulterant or contaminant shall not include any component or ingredient listed in a vaccine’s product license application or product label.” at end, was repealed by Pub. L. 108–7. Par. (7). Pub. L. 107–296, § 1716, which directed addition of par. (7), was repealed by Pub. L. 108–7, § 102(a). Par. (7) read as follows: “The term ‘vaccine’ means any preparation or suspension, including but not limited to a preparation or suspension containing an attenuated or inactive microorganism or subunit thereof or toxin, developed or administered to produce or enhance the body’s immune response to a disease or diseases and includes all components and ingredients listed in the vaccines’s product license application and product label.”

Statutory Notes and Related Subsidiaries

Effective Date

of 2002 Amendment Pub. L. 107–296, title XVII, § 1717, Nov. 25, 2002, 116 Stat. 2321, which provided that the

Amendments

made by section 1714, 1715, and 1716 (amending this section) shall apply to all actions or proceedings pending on or after Nov. 25, 2002, unless a court of competent jurisdiction has entered judgment (regardless of whether the time for appeal has expired) in such action or proceeding disposing of the entire action or proceeding, was repealed by Pub. L. 108–7, div. L, § 102(a), Feb. 20, 2003, 117 Stat. 528.

Construction

of

Amendments

Pub. L. 108–7, div. L, § 102(b), (c), Feb. 20, 2003, 117 Stat. 528, provided that: “(b) Application of the Public Health Service Act.—The Public Health Service Act (42 U.S.C. 201 et seq.) shall be applied and administered as if the sections repealed by subsection (a) [repealing sections 1714 to 1717 of Pub. L. 107–296, which amended this section and enacted provisions set out as a note under this section] had never been enacted. “(c) Rule of

Construction

.—No inference shall be drawn from the enactment of sections 1714 through 1717 of the Homeland Security Act of 2002 (Public Law 107–296), or from this repeal [repealing sections 1714 to 1717 of Pub. L. 107–296], regarding the law prior to enactment of sections 1714 through 1717 of the Homeland Security Act of 2002 (Public Law 107–296) [Nov. 25, 2002]. Further, no inference shall be drawn that subsection (a) or (b) affects any change in that prior law, or that Leroy v. Secretary of Health and Human Services, Office of Special Master, No. 02–392V (October 11, 2002), was incorrectly decided.”

Reference

Citations & Metadata

Citation

42 U.S.C. § 300aa–33

Title 42, The Public Health and Welfare

Last Updated

Apr 5, 2026

Release point: 119-73not60