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

§300aa–34 Termination of Program

Title 42 › Chapter 6A— PUBLIC HEALTH SERVICE › Subchapter XIX— VACCINES › Part 2— National Vaccine Injury Compensation Program › Subpart d— general provisions › § 300aa–34

Last updated Apr 5, 2026|Official source

Summary

The Secretary must count how many compensation awards the vaccine program gave for injuries or deaths tied to vaccines given on or after December 22, 1987. The first count covers the 12 months starting December 22, 1987. After that, the Secretary must count awards for each three-month period. The count includes awards that were accepted under section 300aa–21(a). If the total accepted awards at the end of a review period is higher than the number shown for that period in the table, the Secretary must notify Congress. Once Congress gets that notice, no new petitions for those vaccine-related injuries or deaths may be filed under section 300aa–11 after 180 days. The table of limits for the first 48 months is: 12 months = 150; months 13–15 = 188; 16–18 = 225; 19–21 = 263; 22–24 = 300; 25–27 = 338; 28–30 = 375; 31–33 = 413; 34–36 = 450; 37–39 = 488; 40–42 = 525; 43–45 = 563; 46–48 = 600.

Full Legal Text

Title 42, §300aa–34

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

(a)The Secretary shall review the number of awards of compensation made under the program to petitioners under section 300aa–11 of this title for vaccine-related injuries and deaths associated with the administration of vaccines on or after December 22, 1987, as follows:
(1)The Secretary shall review the number of such awards made in the 12-month period beginning on December 22, 1987.
(2)At the end of each 3-month period beginning after the expiration of the 12-month period referred to in paragraph (1) the Secretary shall review the number of such awards made in the 3-month period.
(b)(1)If in conducting a review under subsection (a) the Secretary determines that at the end of the period reviewed the total number of awards made by the end of that period and accepted under section 300aa–21(a) of this title exceeds the number of awards listed next to the period reviewed in the table in paragraph (2)—
(A)the Secretary shall notify the Congress of such determination, and
(B)beginning 180 days after the receipt by Congress of a notification under paragraph (1), no petition for a vaccine-related injury or death associated with the administration of a vaccine on or after December 22, 1987, may be filed under section 300aa–11 of this title.
(2)The table referred to in paragraph (1) is as follows: Period reviewed: Total number of awards by the end of the period reviewed 12 months after December 22, 1987150 13th through the 15th month after December 22, 1987188 16th through the 18th month after December 22, 1987225 19th through the 21st month after December 22, 1987263 22nd through the 24th month after December 22, 1987300 25th through the 27th month after December 22, 1987338 28th through the 30th month after December 22, 1987375 31st through the 33rd month after December 22, 1987413 34th through the 36th month after December 22, 1987450 37th through the 39th month after December 22, 1987488 40th through the 42nd month after December 22, 1987525 43rd through the 45th month after December 22, 1987563 46th through the 48th month after December 22, 1987600

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification In subsecs. (a) and (b), “December 22, 1987” substituted for “the

Effective Date

of this subpart” on authority of section 323 of Pub. L. 99–660, as amended, set out as an

Effective Date

note under section 300aa–1 of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 300aa–34

Title 42, The Public Health and Welfare

Last Updated

Apr 5, 2026

Release point: 119-73not60