Title 42, The Public Health and WelfareRelease 119-110

§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 Sep 23, 2026|Official source

Summary

The Secretary must count how many compensation awards the vaccine program has paid for injuries or deaths linked 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 check the number at the end of every three-month period. If the total awards by the end of any period is higher than the number set for that period in the table below, the Secretary must tell Congress. Then, 180 days after Congress gets that notice, no new petitions can be filed under the vaccine program for injuries or deaths from vaccines given on or after December 22, 1987. When filing of petitions is stopped this way, the program’s petition rules and Subpart B will not apply to civil lawsuits for those same injuries or deaths. The trigger table of totals is: 12 months after December 22, 1987 — 150; months 13–15 — 188; months 16–18 — 225; months 19–21 — 263; months 22–24 — 300; months 25–27 — 338; months 28–30 — 375; months 31–33 — 413; months 34–36 — 450; months 37–39 — 488; months 40–42 — 525; months 43–45 — 563; months 46–48 — 600.

Full Legal Text

Title 42, §300aa–34

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

(a)Reviews
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)Report
(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.
section 300aa–11(a) of this title and subpart B of this part shall not apply to civil actions for damages for a vaccine-related injury or death for which a petition may not be filed because of subparagraph (B).
(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, 1987 | 150
13th through the 15th month after December 22, 1987 | 188
16th through the 18th month after December 22, 1987 | 225
19th through the 21st month after December 22, 1987 | 263
22nd through the 24th month after December 22, 1987 | 300
25th through the 27th month after December 22, 1987 | 338
28th through the 30th month after December 22, 1987 | 375
31st through the 33rd month after December 22, 1987 | 413
34th through the 36th month after December 22, 1987 | 450
37th through the 39th month after December 22, 1987 | 488
40th through the 42nd month after December 22, 1987 | 525
43rd through the 45th month after December 22, 1987 | 563
46th through the 48th month after December 22, 1987 | 600.

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

Sep 23, 2026

Release point: 119-110