Page:United States Statutes at Large Volume 100 Part 5.djvu/298

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PUBLIC LAW 99-000—MMMM. DD, 1986

100 STAT. 3772

PUBLIC LAW 99-660—NOV. 14, 1986

Commission who are not officers or employees of the Federal Government shall be compensated at a rate not to exceed the daily equivalent of the rate in effect for grade GS-18 of the General 5 USC 5332. Schedule for each day (including traveltime) they are engaged in the performance of their duties as members of the Commission. All members, while so serving away from their homes or regular places of business, may be allowed travel expenses, including per diem in < lieu of subsistence, in the same manner as such expenses are authorized by section 5703, title 5, United States Code, for employees serving intermittently. "(e) STAFF.—The Secretary shall provide the Commission with such professional and clerical staff, such information, and the services of such consultants as may be necessary to assist the Commission in carrying out effectively its functions under this section. "(f) FUNCTIONS.—The Commission shall— "(1) advise the Secretary on the implementation of the Program, 3eu s* "(2) on its own initiative or as the result of the filing of a petition, recommend changes in the Vaccine Injury Table, •' ' "(3) advise the Secretary in implementing the Secretary's ' responsibilities under section 2127 regarding the need for child" hood vaccination products that result in fewer or no significant adverse reactions, ^ "(4) survey Federal, State, and local programs and activities ^ relating to the gathering of information on injuries associated with the administration of childhood vaccines, including the Js Hi adverse reaction reporting requirements of section 2125(b), and ortw advise the Secretary on means to obtain, compile, publish, and use credible data related to the frequency and severity of ^ adverse reactions associated with childhood vaccines, and "(5) recommend to the Director of the National Vaccine ProT gram research related to vaccine injuries which should be con* ducted to carry out this subtitle. IB

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42 USC 300aa-2l.

"PART B—ADDITIONAL REMEDIES "AUTHORITY TO BRING ACTIONS

"SEC. 2121. (a) ELECTION.—After the judgment of a district court of the United States under section 2111 on a petition filed for compensation under the Program for a vaccine-related injury or death has become final, the person who filed the petition shall file with the 1 court— ^. "(1) if the judgment awarded compensation, an election in 1 writing to receive the compensation or to file a civil action for 1 damages for such injury or death, or "(2) if the judgment did not award compensation, an election g^^K in writing to accept the judgment or to file a civil action for damages for such injury or death. I An election shall be filed under this subsection not later than 90 ! days after the date of the entry of the court's judgment with respect ^ to which the election is to be made. If a person required to file an election with a court under this subsection does not file the election within the time prescribed for filing the election, such person shall - be deemed to have filed an election to accept the judgment of the 3 court. If a person elects to receive compensation under a judgment 5i of a court or is deemed to have accepted the judgment of a court,