Vaccine and Immunization Amendments of 1990
PL 101-502 (H.R.4238), enacted 11/03/1990

PUBLIC LAW 101-502—NOV. 3, 1990 
104 STAT. 1285 
Public Law 101-502 
101st Congress 
An Act 
To amend the Public Health Service Act to extend various programs with respect to 
vaccine-preventable diseases. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Vaccine and Immunization Amend-
ments of 1990". 
SEC. 2. GRANTS FOR IMMUNIZATIONS. 
i 
(a) EXTENSION OF GENERAL PROGRAM.—Section 317(j)(l) of the 
Public Health Service Act (42 U.S.C. 247B(j)(l)) is amended— 
(1) in subparagraph (A), by striking "there are authorized" 
and all that follows in the first sentence and inserting the 
following: "there are authorized to be appropriated $205,000,000 
for fiscal year 1991, and such sums as may be necessary for each 
of the fiscal years 1992 through 1995."; 
(2) in subparagraph (B), by striking "after the date" and all 
that follows and inserting the following: "after October 1, 1990, 
there are authorized to be appropriated such sums as may be 
necessary."; and 
(3) by striking subparagraph (C). 
OJ) DEMONSTRATION PROJECTS FOR OUTREACH PROGRAMS.— 
(1) IN GENERAL.—The Secretary of Health and Human Serv-
ices, acting through the Director of the Centers for Disease 
Control, may make grants to public and nonprofit private enti-
ties for the purpose of carrying out demonstration projects— 
(A) to provide, without charge, immunizations against 
vaccine-preventable diseases to children not more than 2 
years of age who reside in communities whose population 
includes a significant number of low-income individuals; 
and 
(B) to provide outreach services to identify such children 
and to inform the parents (or other guardians) of the chil-
dren of the availability from the entities of the immuniza-
tions specified in subparsigraph (A). 
(2) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of 
carrying out paragraph (1), there are authorized to be appro-
priated such sums as may be necessary for each of the fiscal 
years 1991 through 1993. 
SEC. 3. SUPPLY OF VACCINES. 
(a) IN GENERAL.—The Secretary of Health and Human Services, 
acting through the Director of the Centers for Disease Control, shall 
acquire and maintain a supply of vaccines sufficient to provide 
vaccinations throughout a 6-month period. Any proceeds received by 
the Secretary from the sale of vaccines from such supply shall be 
available to the Secretary for the purpose of purchasing vaccines for 
Nov. 3, 1990 
[H.R. 4238] 
Vaccine and 
Immunization 
Amendments 
of 1990. 
42 u s e 201 note. 
Appropriation 
authorization. 
42 u s e 247b. 
Infants and 
children. 
42 u s e 300aa-2 
note. 
42 u s e 300aa-2 
note. 
104 STAT. 1286 
PUBLIC LAW 101-502—NOV. 3, 1990 
Appropriation 
authorization. 
Claims. 
Courts. 
the supply. Such proceeds shall remain available for such purpose 
until expended. 
(b) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of carry-
ing out subsection (a), there are authorized to be appropriated 
$5,000,000 for fiscal year 1991, and such sums as may be necessary 
for each of the fiscal years 1992 through 1995. 
SEC. 4. EXTENSION OF NATIONAL VACCINE PROGRAM. 
Section 2106 of the Public Health Service Act (42 U.S.C. 300aa-6) 
is amended— 
(1) in subsection (a), by striking "there are authorized" and all 
that follows and inserting the following: "there are authorized 
to be appropriated $4,000,000 for fiscal year 1991, and such sums 
as may be necessary for each of the fiscal years 1992 through 
1995."; and 
(2) in subsection 
flj), 
by striking "there are authorized" and all 
that follows and inserting the following: "there are authorized 
to be appropriated $30,000,000 for fiscal year 1991, and such 
sums as may be necessary for each of the fiscal years 1992 
through 1995.". 
SEC. 5. TECHNICAL AMENDMENTS. 
(a) SECTION 2111.—Section 2111 of the Public Health Service Act 
(42 U.S.C. 300aa-ll) is amended— 
(1) in subsection (aX2)(A), by striking "unless" and all that 
follows in that subsection and inserting the following: 
"unless a petition has been filed, in accordance with section 2116, for 
compensation under the Program for such injury or death and— 
"(i)(I) the United States Claims Court has issued a judgment 
under section 2112 on such petition, and 
"(II) such person elects under section 2121(a) to file such an 
action, or 
"(ii) such person elects to withdraw such petition under sec-
tion 2121(b) or such petition is considered withdrawn under 
such section.", 
(2) in subsection (a)(5)(A), by striking "without prejudice" the 
second time it occurs, 
(3) in subsection (a)(5XB), by striking "plaintiff who" and 
inserting "plaintiff, 
(4) in subsection (d), by striking "(d) except as provided in 
paragraph (3)," before "(d) ADDITIONAL INFORMATION , and 
(5) in subsection (e), by striking "(e)" before "(e) SCHEDULE". 
(b) SECTION 2112.— 
(1) SUSPENSION OF PROCEEDINGS.—Section 2112(d)(3) of the 
Public Health Service Act (42 U.S.C. 300aa-12(dX3)) is amended 
by adding at the end the following: 
"(D) If, in reviewing proceedings on petitions for vaccine-related 
injuries or deaths associated with the administration of vaccines 
before the effective date of this part, 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 180 days in 
addition to the suspension time under subparagraph (C).". 
(2) NOTICE.—Section 2112 of the Public Health Service Act (42 
U.S.C. 300aa-12) is amended by adding at the end the following: 
"(g) NOTICE.— I
f
— 
PUBLIC LAW 101-502—NOV. 3, 1990 
104 STAT. 1287 
"(1) a special master fails to make a decision on a petition 
within the 240 days prescribed by subsection (d)(3)(A)(ii) (exclud-
ing (A) any period of suspension under subsection (d)(3)(C) or 
(d)(3)(D), and (B) any days the petition is before a special master 
as a result of a remand under subsection (e)(2)(C)), or 
"(2) the United States Claims Court 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), 
and (B) any days the petition is before a special master as a 
result of a remand under subsection (e)(2)(C)) 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 
2121(b) and the petition will be considered withdrawn under such 
section if the petitioner, the special master, or the court do not take 
CGi*t9.iii 3.ctioris 
(c) SECTION 2113.—Section 2113(c) of the Public Health Service Act 
(42 U.S.C. 300aa-13(c)) is amended by inserting "the" after "special 
masters of. 
(d) SECTION 2115.—Section 2115 of the Public Health Service Act 
(42 U.S.C. 300aa-15) is amended— 
(1) in subsection (e)(2), by striking "the Program," the second 
time it occurs and all that follows through "limited to the costs" 
and inserting the following: "the Program, in awarding com-
pensation on such petition the special master or court may 
include an amount of compensation limited to the costs", 
(2) in subsection (f)— 
(A) in the second sentence of paragraph (2), by striking 
"section 2121(b)" and inserting "section 2121(a)", and 
(B) in the last sentence of paragraph (4)(B), by striking 
"subsection (i)" and inserting "subsection (j)" and by strik-
ing "section 2111(a)" and inserting "the limitation on civil 
actions prescribed by section 2121(a)", and 
(3) in the first sentence of subsection (j), by inserting before 
the period ", and $80,000,000 for each succeeding fiscal year in 
which a payment of compensation is required under subsection 
(f)(4)(B)". 
(e) SECTION 2116.—Section 2116 of the Public Health Service Act 
(42 U.S.C. 300aa-16) is amended— 
(1) in subsection (a)(1)— 
(A) by striking "24 months" and inserting "28 months", 
and 
(B) by inserting before the comma at the end the follow-
ing: "and no such petition may be filed if the first symptom 
or manifestation of onset or of the significant aggravation 
of such injury occurred more than 36 months after the date 
of administration of the vaccine", and 
(2) in subsection (c), by striking "and ending on the date a 
final judgment is entered on the petition" and inserting "and 
ending on the date (1) an election is made under section 2121(a) 
to file the civil action, (2) an election is made under section 
2121(b) to withdraw the petition, or (3) the petition is considered 
withdrawn under section 2121(b)". 
(f) SECTION 2121.— 
(1) LIMITATION ON ACTIONS.—Section 2121(a) of the Public 
Health Service Act (42 U.S.C. 300aa-21(a)) is amended— 
104 STAT. 1288 
PUBLIC LAW 101-502—NOV. 3, 1990 
(A) by inserting before the last sentence the following: "If 
a person elects to receive compensation under a judgment 
of the court in an action for a vaccine-related injury or 
death associated with the administration of a vaccine before 
the effective date of this part or is deemed to have accepted 
the judgment of the court in such an action, such person 
may not bring or maintain a civil action for damages 
against a vaccine administrator or manufacturer for the 
vaccine-related injury or death for which the judgment was 
entered.", and 
(B) by inserting after "actions" in the last sentence the 
following: "for vaccine-related injuries or deaths associated 
with the administration of a vaccine after the effective date 
of this part". 
(2) WITHDRAWAL OF PETITION.—Section 2121(b) of the Public 
Health Service Act (42 U.S.C. 300aa-21(b)) is amended to read as 
follows: 
"(b) WITHDRAWAL OF PETITION.— 
"(1) A petitioner under a petition filed under section 2111 may 
submit to the United States Claims Court a notice in writing 
withdrawing the petition i
f
— 
"(A) a special master fails to make a decision on such 
petition within the 240 days prescribed by section 
2112(d)(3)(A)(ii) (excluding (i) any period of suspension under 
section 2112(d)(3)(C) or 2112(d)(3)(D), and (ii) any days the 
petition is before a special master as a result of a remand 
under section 2112(e)(2)(C)), or 
"(B) the court fails to enter a judgment under section 
2112 on the petition within 420 days (excluding (i) any 
period of suspension 
under 
section 
2112(dX3)(C) or 
2112(d)(3)(D), and (ii) any days the petition is before a 
special master as a result of a remand under section 
2112(e)(2)(C)) after the date on which the petition was filed. 
Such a notice shall be filed within 30 days of the provision of the 
notice required by section 2112(g). If such a notice is not filed 
before the expiration of such 30 days, the petition with respect 
to which the notice was to be filed shall be considered with-
drawn under this paragraph. 
"(2) If a special master or the court does not enter a decision 
or make a judgment on a petition filed under section 2111 
within 30 days of the provision of the notice in accordance with 
section 2112(g), the special master or court shall no longer have 
jurisdiction over such petition and such petition shall be consid-
ered as withdrawn under paragraph (1).". 
(g) SECTION 322.—Section 322 of the National Childhood Vaccine 
Injury Act of 1986 (42 U.S.C. 300aa-l note) is amended— 
(1) in subsection (a)— 
(A) by striking "of title XXI" and inserting "part A or B 
of subtitle 2 of title XXI", and 
(B) by striking "such title XXI" and inserting "both such 
parts", and 
(2) by adding at the end the following: 
42 use 300aa-l2 
"(c) REVIEW UNDER SECTION 2112(f).—If the review authorized by 
"°^- 
section 2112(f) is held invalid because the judgment of the United 
States Claims Court 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 Claims 
PUBLIC LAW 101-502—NOV. 3, 1990 
104 STAT. 1289 
42 u s e 300aa-ll 
note. 
Court. Such panel shall not include the judge who participated in 
such judgment.". 
(h) EFFECTIVE DATE.—The amendments made by subsections (f)(1) 
and (g) shall take effect as of November 14, 1986, and the amend-
ments made by subsections (a) through (e) and subsection (f)(2) shall 
take effect as of September 30,1990. 
(i) AUTHORIZATION OF APPROPRIATIONS.—Section 6601(r) of the 
Omnibus Reconciliation Act of 1989 (Public Law 101-239) is 103 Stat. 2292 
amended— 
(1) in paragraph (1), by striking "$1,500,000 for each of the 
fiscal years 1990 and 1991", and inserting "$2,500,000 for each 
of the fiscal years 1991 and 1992", 
(2) in paragraph (2), by striking "$1,500,000 for each of the 
fiscal years 1990 and 1991", and inserting "$2,500,000 for each 
of the fiscal years 1991 and 1992", and 
(3) in paragraph (3), by striking "$1,500,000 for each of the 
fiscal years 1990 and 1991", and inserting "$2,500,000 for each 
of the fiscal years 1991 and 1992". 
(j) RECORDS AND REPORTS.—Section 301(e) of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 331(e)) is amended by striking out 
"or (j)" and inserting in lieu thereof "or (k)". 
(k) COMMISSIONED CORPS.— 
(1) APPOINTMENT OF COMMISSIONED OFFICER.—Section 206(a) of 
the Public Health Service Act (42 U.S.C. 207(a)) is amended by 
inserting after the first sentence the following new sentence: 
"During the period of appointment to the position of Assistant 
Secretary for Health, a commissioned officer of the Public 
Health Service shall have the grade corresponding to the grade 
of General of the Army.". 
(2) CONFORMING AMENDMENT.—Section 201(a) of title 37, 
United States Code, is amended by inserting "Assistant Sec-
retary for Health." in the fourth column of the table cor-
responding with pay grade O-IO. 
(3) EFFECTIVE DATE.—The amendments made by paragraphs 
(1) and (2) shall take effect on the first day of the month 
immediately following the month in which this Act was en-
acted. 
SEC. 6. TECHNICAL AMENDENTS IN CERTAIN PROGRAMS PROVIDING 
SERVICES REGARDING ACQUIRED IMMUNE DEFICIENCY SYN-
DROME. 
(a) FORMULA FOR EMERGENCY RELIEF GRANTS.—Section 2603(a)(3) 
of the Public Health Service Act, as added by section 101(3) of Public 
Law 101-381, is amended to read £is follows: 
"(3) AMOUNT OF GRANT.— 
"(A) IN GENERAL.— 
"(i) Subject to the extent of amounts made available 
in appropriations Acts, a grant made for purposes of 
this paragraph to an eligible area shall be made in an 
amount equal to the product o
f
— 
"(I) em amount equal to the amount available for 
distribution under paragraph (2) for the fiscal year 
involved; and 
"(II) the percentage constituted by the ratio of 
the distribution factor for the eligible area to the 
sum of the respective distribution factors for all 
* 
eligible areas. 
37 use 201 note. 
42 use 300ff-13. 
104 STAT. 1290 
PUBLIC LAW 101-502—NOV. 3, 1990 
"(ii) For purposes of clause (i)(II), the term 'distribu-
tion factor' means the sum o
f
— 
"(I) an amount equal to the product of 3 and the 
amount determined under subparagraph (B) for 
the eligible area involved; and 
"(II) an amount equal to the product of the 
amount determined under subparagraph (B) for 
the eligible area and the amount determined under 
subparagraph (C) for the area. 
"(B) 
AMOUNT 
RELATING TO CUMULATIVE 
NUMBER OF 
CASES.—The amount determined in this subparagraph is an 
amount equal to the ratio o
f
— 
"(i) an amount equal to the cumulative number of 
cases of acquired immune deficiency s3nidrome in the 
eligible area involved, as indicated by the number of 
such cases reported to and confirmed by the Director of 
the Centers for Disease Control by the applicable date 
specified in section 2601(a); to 
"(ii) an amount equal to the sum of the respective 
amounts determined under clause (i) for each eligible 
area for which an application for a grant for purposes 
of this paragraph has been approved. 
"(C) 
AMOUNT RELATING TO PER CAPITA INCIDENCE OF 
CASES.—The amount determined in this subparagraph is an 
amount equal to the ratio o
f
— 
"(i) the per capita incidence of cumulative cases of 
acquired immune deficiency syndrome in the eligible 
area involved (computed on the basis of the most re-
cently available data on the population of the area); to 
"(ii) the per capita incidence of cumulative such cases 
in all eligible areas for which applications for grants 
for purposes of this paragraph have been approved 
(computed on the basis of the most recently available 
data on the population of the areas).", 
(b) SET-ASIDE REGARDING CATEGORICAL GRANTS TO CERTAIN ENTI-
TIES FOR EARLY INTERVENTION SERVICES.—Section 2649(c) of 
the 
Public Health Service Act, as added by section 301(a) of Public Law 
42 use 300ff-49. 
101-381, is amended— 
(1) by striking "(c) CERTAIN ALLOCATIONS" and all that follows 
through "After determining" and inserting the following: 
"(c) CERTAIN ALLOCATIONS BY SECRETARY. — 
"(1) DISCRETIONARY GRANTS TO CERTAIN STATES.—After deter-
mining"; and 
(2) by adding at the end the following new paragraph: 
"(2) GRANTS TO CERTAIN POUTICAL SUBDIVISIONS.— 
"(AXi) In the case of a State containing any political 
subdivision described in clause (ii), the Secretary shall, 
subject to subparagraph (B), make a reduction in the 
amount of the allotment under subsection (a) for the State 
for each fiscal year in an amount necessary for carrying out 
subparagraphs (B) and (C) with respect to the political 
subdivision. Any such reduction shall be in addition to the 
reduction required in paragraph (1) for the fiscal year 
involved. 
"(ii) The political subdivision referred to in clause (i) is 
any political subdivision that received a cooperative agree-
ment from the Secretary, acting through the Director of the 
PUBLIC LAW 101-502—NOV. 3, 1990 
104 STAT. 1291 
Centers for Disease Control, for fiscal year 1990 for pro-
grams to provide counseling and testing with respect to 
acquired immune deficiency sjoidrome. 
"(B) In the case of a State described in subparagraph (A), 
the Secretary, shall, from the amounts made available £is a 
result of reductions under such subparagraph, make a 
grant each fiscal year to each political subdivision described 
in such subparagraph that exists in the State if the political 
subdivision involved agrees that the provisions of subparts 
II and III will apply to the political subdivision to the same 
extent and in the same manner as such subparts apply to 
entities receiving grants under section 2651(a). 
"(C) Grants under subparagraph (B) for a fiscal year for a 
political subdivision shall be provided in an amount equal 
to the amount received by the political subdivision in fiscal 
year 1990 under the cooperative agreement described in 
subparagraph (A).". 
(c) MISCELLANEOUS AMENDMENT.—Section 2647(c) of the Public 
Health Service Act, as added by section 301(a) of Public Law 101-
381, is amended— 
42 use 300ff-47. 
(1) in the first sentence, by striking "are adequate" and 
inserting the following: "certifies to the Secretary that the laws 
of the State are adequate"; and 
(2) in the second sentence, by striking "subsection (a)" and 
inserting "subsection (a),". 
Approved November 3, 1990. 
LEGISLATIVE HISTORY—H.R. 4238 (S. 2629): 
HOUSE REPORTS: No. 101-611 (Ck)mm. on Enerey and Commerce). 
SENATE REPORTS: No. 101-390 accompanying S. 2629 (Comm. on Labor and Human 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
July 23, considered and passed House. 
Oct. 12, considered and passed Senate, amended. 
Oct. 15, House concurred in Senate amendments.