The United States Court of Federal Claims and the United States Court of Federal Claims special masters shall, in accordance with this section, have jurisdiction over proceedings to determine if a petitioner under section 300aa-11 of this title is entitled to compensation under the Program and the amount of such compensation. The United States Court of Federal Claims may issue and enforce such orders as the court deems necessary to assure the prompt payment of any compensation awarded.
The decision of the special master may be reviewed by the United States Court of Federal Claims in accordance with subsection (e).
There may be no discovery in a proceeding on a petition other than the discovery required by the special master.
and if the person who submitted such information objects to the inclusion of such information in the decision, the decision shall be disclosed without such information.
The court shall complete its action on a petition within 120 days of the filing of a response under paragraph (1) excluding any days the petition is before a special master as a result of a remand under subparagraph (C). The court may allow not more than 90 days for remands under subparagraph (C).
The findings of fact and conclusions of law of the United States Court of Federal Claims on a petition shall be final determinations of the matters involved, except that the Secretary or any petitioner aggrieved by the findings or conclusions of the court may obtain review of the judgment of the court in the United States court of appeals for the Federal Circuit upon petition filed within 60 days of the date of the judgment with such court of appeals within 60 days of the date of entry of the United States Claims Court's1 judgment with such court of appeals.
If-
the special master or court shall notify the petitioner under such petition that the petitioner may withdraw the petition under section 300aa-21(b) of this title or the petitioner may choose under section 300aa-21(b) of this title to have the petition remain before the special master or court, as the case may be.
1So in original. Probably should be a reference to the United States Court of Federal Claims.
42 U.S.C. § 300aa-12
EDITORIAL NOTES
CODIFICATIONIn subsec. (c)(4), "on December 19, 1989," substituted for "upon the date of the enactment of this subsection" and "on the date of the enactment of this subsection". In subsec. (d)(3)(D), "October 1, 1988," substituted for "the effective date of this part".
PRIOR PROVISIONSA prior section 300aa-12, act July 1, 1944, §2113, was successively renumbered by subsequent acts and transferred, see section 238j of this title. A prior section 2112 of act July 1, 1944, was successively renumbered by subsequent acts and transferred, see section 238i of this title.
AMENDMENTS1993-Subsec. (d)(3)(D). Pub. L. 103-66 substituted "30 months (but for not more than 6 months at a time)" for "540 days". 1992-Subsecs. (a), (c) to (g). Pub. L. 102-572 substituted "United States Court of Federal Claims" for "United States Claims Court" and "Court of Federal Claims" for "Claims Court", wherever appearing.1991-Subsec. (d)(3)(D). Pub. L. 102-168, §201(c), (h) (2), realigned margin and substituted "540 days" for "180 days".Subsec. (g). Pub. L. 102-168, §201(h)(3), made technical amendment to underlying provisions of original Act. Pub. L. 102-168, §201(d)(1), substituted "or the petitioner may choose under section 300aa-21(b) of this title to have the petition remain before the special master or court, as the case may be" for "and the petition will be considered withdrawn under such section if the petitioner, the special master, or the court do not take certain actions" before period at end. 1990-Subsec. (d)(3)(D). Pub. L. 101-502, §5(b)(1), added subpar. (D).Subsec. (g). Pub. L. 101-502, §5(b)(2), added subsec. (g). 1989-Subsec. (a). Pub. L. 101-239, §6601(d), substituted "and the United States Claims Court special masters shall, in accordance with this section, have jurisdiction" for "shall have jurisdiction (1)", ".The United States Claims Court may issue" for ",and (2) to issue", and "deems" for "deem".Subsec. (b)(1). Pub. L. 101-239, §6601(f), substituted "In all proceedings brought by the filing of a petition under section 300aa-11(b) of this title, the Secretary shall be named as the respondent, shall participate, and shall be represented in accordance with section 518(a) of title 28." for "The Secretary shall be named as the respondent in all proceedings brought by the filing of a petition under section 300aa-11(b) of this title. Except as provided in paragraph (2), no other person may intervene in any such proceeding."Subsec. (c). Pub. L. 101-239, §6601(e)(2), added subsec. (c). Former subsec. (c) redesignated (d).Subsec. (d). Pub. L. 101-239, §6601(e)(1), redesignated subsec. (c) as (d). Former subsec. (d) redesignated (e). Subsec. (d)(1). Pub. L. 101-239, §6601(g)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "Following receipt of a petition under subsection (a) of this section, the United States Claims Court shall designate a special master to carry out the functions authorized by paragraph (2)."Subsec. (d)(2) to (4). Pub. L. 101-239, §6601(g)(2), added pars. (2) to (4) and struck out former par. (2) which prescribed functions of special masters.Subsec. (e). Pub. L. 101-239, §6601(h), substituted "Action by United States Claims Court" for "Action by court" as heading and amended text generally. Prior to amendment, text read as follows:"(1) Upon objection by the petitioner or respondent to the proposed findings of fact or conclusions of law prepared by the special master or upon the court's own motion, the court shall undertake a review of the record of the proceedings and may thereafter make a de novo determination of any matter and issue its judgment accordingly, including findings of fact and conclusions of law, or remand for further proceedings. "(2) If no objection is filed under paragraph (1) or if the court does not choose to review the proceeding, the court shall adopt the proposed findings of fact and conclusions of law of the special master as its own and render judgment thereon."(3) The court shall render its judgment on any petition filed under the Program as expeditiously as practicable but not later than 365 days after the date on which the petition was filed." Pub. L. 101-239, §6601(e)(1), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f). Subsec. (f). Pub. L. 101-239, §6601(i), inserted "within 60 days of the date of entry of the United States Claims Court's judgment with such court of appeals" after "with such court of appeals". Pub. L. 101-239, §6601(e)(1), redesignated subsec. (e) as (f). 1988-Subsec. (c)(2). Pub. L. 100-360, §411(o)(3)(A), added Pub. L. 100-203, §4308(a), see 1987 Amendment note below. Subsec. (e). Pub. L. 100-360, §411(o)(2), made technical amendment to directory language of Pub. L. 100-203, §4307(3)(C), see 1987 Amendment note below. Pub. L. 100-360, §411(o)(3)(A), added Pub. L. 100-203, §4308(b), see 1987 Amendment note below. 1987-Subsec. (a). Pub. L. 100-203, §4307(3)(A), substituted "United States Claims Court" for "district courts of the United States" and "the court" for "the courts".Subsec. (c)(1). Pub. L. 100-203, §4307(3)(B), substituted "the United States Claims Court" for "the district court of the United States in which the petition is filed".Subsec. (c)(2). Pub. L. 100-203, §4308(a), as added by Pub. L. 100-360, §411(o)(3)(A), inserted ",shall prepare and submit to the court proposed findings of fact and conclusions of law," in introductory provisions and struck out subpar. (E) which read as follows: "prepare and submit to the court proposed findings of fact and conclusions of law."Subsec. (e). Pub. L. 100-203, §4308(b), as added by Pub. L. 100-360, §411(o)(3)(A), inserted "within 60 days of the date of the judgment" after "petition filed". Pub. L. 100-203, §4307(3)(C), as amended by Pub. L. 100-360, §411(o)(2), substituted "the United States Claims Court" for "a district court of the United States" and "for the Federal Circuit" for "for the circuit in which the court is located". Pub. L. 100-203, §4303(d)(2)(A), redesignated subsec. (g) as (e) and struck out former subsec. (e) relating to administration of an award. Subsec. (f). Pub. L. 100-203, §4303(d)(2)(A), struck out subsec. (f) which related to revision of an award.Subsec. (g). Pub. L. 100-203, §4303(d)(2)(A), redesignated subsec. (g) as (e).
STATUTORY NOTES AND RELATED SUBSIDIARIES
CHANGE OF NAME"United States magistrate judges" substituted for "United States magistrates" in subsec. (c)(6)(C) pursuant to section 321 of Pub. L. 101-650 set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.
EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section 911 of Pub. L. 102-572 set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.
EFFECTIVE DATE OF 1991 AMENDMENT Amendment by section 201(d)(1) of Pub. L. 102-168 effective as if in effect on and after Oct. 1, 1988, see section 201(i)(2) of Pub. L. 102-168 set out as a note under section 300aa-11 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-502 effective Sept. 30, 1990, see section 5(h) of Pub. L. 101-502 set out as a note under section 300aa-11 of this title.
EFFECTIVE DATE OF 1989 AMENDMENT For applicability of amendments by Pub. L. 101-239 to petitions filed after Dec. 19, 1989, petitions currently pending in which the evidentiary record is closed, and petitions currently pending in which the evidentiary record is not closed, with provision for an immediate suspension for 30 days of all pending cases, except that such suspension be excluded in determining the 240-day period prescribed in subsec. (d) of this section, see section 6601(s)(1) of Pub. L. 101-239 set out as a note under section 300aa-10 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT Except as specifically provided in section 411 of Pub. L. 100-360 amendment by Pub. L. 100-360 as it relates to a provision in the Omnibus Budget Reconciliation Act of 1987, Pub. L. 100-203 effective as if included in the enactment of that provision in Pub. L. 100-203, see section 411(a) of Pub. L. 100-360 set out as a Reference to OBRA; Effective Date note under section 106 of Title 1, General Provisions.
TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (c)(6)(E) of this section relating to reporting annually to the Congress, see section 3003 of Pub. L. 104-66 as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 13 of House Document No. 103-7.
REVIEW BY 3-JUDGE PANEL Section 322(c) of Pub. L. 99-660 as added by Pub. L. 101-502, §5(g)(2), Nov. 3, 1990, 104 Stat. 1288, and amended by Pub. L. 102-572, title IX, §902(b)(1), Oct. 29, 1992, 106 Stat. 4516, provided that: "If the review authorized by section 2112(f) [42 U.S.C. 300aa-12(f)] is held invalid because the judgment of the United States Court of Federal Claims 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 Court of Federal Claims. Such panel shall not include the judge who participated in such judgment."[Enactment of section 322(c) of Pub. L. 99-660 by section 5(g)(2) of Pub. L. 101-502 set out above, effective Nov. 14, 1986, see section 5(h) of Pub. L. 101-502 set out as an Effective Date of 1990 Amendment note under section 300aa-11 of this title.]
- Secretary
- The term "Secretary" means the Secretary of Housing and Urban Development.1See References in Text note below.
- Service
- The term "Service" means the Public Health Service;