Health Information, Health Promotion, and Vaccine Injury Compensation Amendments of 1991
PL 102-168 (H.R.3402), enacted 11/26/1991

105 STAT. 1102 
PUBLIC LAW 102-168—NOV. 26, 1991 
Public Law 102-168 
102d Congress 
An Act 
Nov. 26, 1991 
[H.R. 3402] 
Health 
Information, 
Health 
Promotion, and 
Vaccine Injury 
Compensation 
Amendments of 
1991. 
42 u s e 201 note. 
To amend the Public Health Service Act to revise and extend certedn programs 
regarding health information, health promotion, and vaccine injury compensation. 
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 "Health Information, Health Pro-
motion, and Vaccine Injury Compensation Amendments of 1991". 
TITLE I—HEALTH INFORMATION AND HEALTH 
PROMOTION 
SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR GENERAL AUTHOR-
ITY. 
Section 1701(b) of the Public Health Service Act (42 U.S.C. 300u(b)) 
is amended to read as follows: 
"(b) For the purpose of carrying out this section and sections 1702 
through 1705, there are authorized to be appropriated $10,000,000 
for fiscal year 1992, and such sums as may be necessary for each of 
the fiscal years 1993 through 1996.". 
SEC. 102. CENTERS FOR RESEARCH AND DEMONSTRATION OF HEALTH 
PROMOTION AND DISEASE PREVENTION. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Section 1706(e) of 
the 
Public Health Service Act (42 U.S.C. 300u-5(e)) is amended to read 
as follows: 
"(e) For the purpose of carrying out this section, there are au-
thorized to be appropriated $10,000,000 for fiscal year 1992, and such 
sums as may be necessary for each of the fiscal years 1993 through 
1996.". 
(b) TECHNICAL AMENDMENT.—Section 1706(c) of the Public Health 
Service Act (42 U.S.C. 300u-5(c)) is amended— 
(1) by striking "(c)(1) During fiscal year 1985" and all that 
follows through "(2)(A) In making grants" and inserting the 
following: "(c)(1) In making grants"; and 
(2) by striking "(B) The Secretary" and inserting "(2) The 
Secretary". 
TITLE II—VACCINE INJURY COMPENSATION 
SEC. 201. VACCINE INJURY COMPENSATION. 
(a) PROVISION REGARDING NATIONAL CHILDHOOD VACCINE INJURY 
ACT OF 1986.—Section 323 of the National Childhood Vaccine Injury 
Act of 1986 (42 U.S.C. 300aa-l note) is amended by striking out "(a) 
GENERAL RULE.—" and subsection (b). 
, 
59-139 O - 91 (168) 
PUBLIC LAW 102-168—NOV. 26, 1991 
105 STAT. 1103 
(b) EVALUATION.—Section 6601(t) of the Omnibus Budget Rec-
onciliation Act of 1989 (42 U.S.C. 300aa-l(t) note) is amended by 
striking out "1992" and inserting in lieu thereof "1993". 
(c) SUSPENSION OF PETITION PROCEEDINGS.—Section 2112(d)(3)(D) of 
the Public Health Service Act (42 U.S.C. 300aa-12(dX3)(D)) is amend-
ed by striking out "180 days" and inserting in lieu thereof "540 
days'^'. 
(d) ACTIONS BY PETITIONER.— 
(1) Section 2112(g) of the Public Health Service Act (42 U.S.C. 
300aa-12(g)) is amended by striking out "and the petition will be 
considered withdrawn under such section if the petitioner, the 
special master, or the court do not take certain actions" and 
inserting in lieu thereof "or the petitioner may choose under 
section 2121(b) to have the petition remain before the special 
master or court, as the case may be". 
(2) Section 2116(c) of the Public Health Service Act (42 U.S.C. 
300aa-16(c)) is amended by striking out ", (2)" and inserting in 
lieu thereof "or (2)" and by striking out ", or (3)" and all that 
remains in such section and inserting in lieu thereof a period. 
(3) Section 2121(b) of the Public Health Service Act (42 U.S.C. 
300aa-21(b)) is amended— 
(A) in paragraph (1), by striking out "a notice in writing 
withdrawing the petition" and inserting in lieu thereof "a 
notice in writing choosing to continue or to withdraw the 
petition" and by striking out the last sentence, 
(B) by striking out paragraph (2), 
(C) by striking out "(1)" and redesignating subparagraphs 
(A) and (B) as paragraphs (1) and (2), respectively, and by 
running the text of paragraph (1) into the subsection head-
ing and making the margin of the text full measure, and 
(D) by amending the subsection heading to read 
"CONTINUANCE OR WITHDRAWAL OF PETITION". 
(e) PAYMENT OF COMPENSATION.— 
(1) Section 2115(f)(4) of the Public Health Service Act (42 
U.S.C. 300aa(f)(4)) is amended— 
42 USC 
(A) in subparagraph (A), by striking out "of the pro- 300aa-l5. 
ceeds", and 
(B) in subparagraph (B), by striking out "paid in 4 equal 
installments of which all or portion of the proceeds" and 
inserting in lieu thereof "shall be paid from appropriations 
made available under subsection (j) in a lump sum of which 
all or a portion". 
(2) Section 2115(f)(4)(A) of the Public Health Service Act (42 
U.S.C. 300aa(f)(4)(A)) is amended by striking "trust fund" and 
inserting the following: "Vaccine Injury Compensation Trust 
Fund established under section 9510 of the Internal Revenue 
Code of 1986". 
(f) ANNUITY.—Section 2115(f)(4) of the Public Health Service Act 
(42 U.S.C. 300aa(f)(4)) is amended by adding at the end the following 
new subparagraph: 
"(C) In purchasing an annuity under subparagraph (A) or (B), 
the Secretary may purchase a guarantee for the annuity, may 
enter into agreements regarding the purchase price for and rate 
of return of the annuity, and may take such other actions as 
may be necessary to safeguard the financial interests of the 
United States regarding the annuity. Any payment received by 
the Secretary pursuant to the preceding sentence shall be paid 
105 STAT. 1104 
PUBLIC LAW 102-168—NOV. 26, 1991 
to the Vaccine Injury Compensation Trust Fund established 
under section 9510 of the Internal Revenue Code of 1986, or to 
the appropriations account from which the funds were derived 
to purchase the annuity, whichever is appropriate.". 
(g) ADVISORY COMMISSION.—Section 2119(c) of the Public Health 
Service Act (42 U.S.C. 300aa-19(c)) is amended by inserting before 
the period at the end of the section "present at the meeting". 
(h) TECHNICALS.—Title XXI of the Public Health Service Act is 
amended as follows: 
(1) The margins for clauses (i) and (ii) of section 2111(a)(2)(A) 
(42 U.S.C. 300aa-l 1(a)(2)(A)) are indented one em. 
(2) The margin of subparagraph (D) of section 2112(d)(3) (42 
U.S.C. 300aa-12(d)(3)) is indented to align with the margin of 
subparagraph (C). 
(3) Section 2112(g) (42 U.S.C. 300aa-12(g)) is amended by 
striking out "NOTICE.— I f 
and inserting in lieu thereof 
"NOTICE.—If. 
42 use 300-11 
(i) EFFECTIVE DATES.— 
(1) Except as provided in paragraph (2), the amendments 
made by this section shall take effect on the date of the enact-
ment of this Act. 
(2) The amendments made by subsections (d) and (f) shall take 
effect as if the amendments had been in effect on and after 
October 1,1988. 
Approved November 26, 1991. 
note. 
LEGISLATIVE HISTORY—H.R. 3402: 
HOUSE REPORTS: No. 102-270 (Ck)mm. on Energy and Commerce). 
CONGRESSIONAL RECORD, Vol. 137 (1991): 
Nov. 5, considered and passed House. 
Nov. 12, considered and passed Senate.