Page:United States Statutes at Large Volume 103 Part 3.djvu/222

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

103 STAT. 2290 PUBLIC LAW 101-239—DEC. 19, 1989 abuse of discretion, or otherwise not in accordance with law and issue its own findings of fact and conclusions of law, or "(C) remand the petition to the special master for further action in accordance with the court s direction. 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 oefore 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). "(3) In the absence of a motion under paragraph (1) respecting the special master's decision or if the United States Claims Court takes the action described in paragraph (2)(A) with re- spect to the special master's decision, the clerk of the United States Claims Court shall immediately enter judgment in accordance with the special master's decision.", (i) APPEALS.— Section 2112(f) (42 U.S.C. 300aa-12(f)) (as so redesig- nated by subsection (e)) is amended by inserting before the period the following: "within 60 days of the date of entry of the United States Claims Court's judgment with such court of appeals". (j) DETERMINATION OF ELIGIBILITY AND COMPENSATION,— Section 2113 (42 U.S.C. 300aa-13) is amended— (1) by striking "court" each place it appears and inserting in lieu thereof "special master or court", and (2) by inserting before "United States Claims Court" in subsection (c) "special masters of. (k) TABLE. (1) The table contained in section 2114(a) (42 U.S.C. 300aa- 14(a)) is amended by striking out "(c)(2)" each place it appears and inserting in lieu thereof (b)(2)". (2) Section 2114(b)(3)(B) (42 U.S.C. 300aa-14(b)(3)(B)) is amended by striking out "2111(b)" and inserting in lieu thereof "2111". (1) COMPENSATION. — (1) Section 2115(b) (42 U.S.C. 300aa-15(b)) is amended by striking out "may not include" and all that follows and insert- ing in lieu thereof "may include the compensation described in paragraphs (I)(A) and (2) of subsection (a) and may also include an amount, not to exceed a combined total of $30,000, for— "(1) lost earnings (as provided in paragraph (3) of subsec- tion (a)), "(2) pain and suffering (as provided in paragraph (4) of subsection (a)), and "(3) reasonable attorneys' fees and costs (as provided in • (2) Section 2115(e) (42 US.C. 300aa-15(b)) is amended— (A) in the first sentence of paragraph (1), by striking out "The judgment of the United States Claims Court on a petition filed under section 2111 awarding compensation shall include an amount to cover" and inserting in lieu li thereof "In awarding compensation on a petition filed ~ under section 2111 the special master or court shall also award as part of such compensation an amount to cover", (B) in the second sentence of paragraph (1), by striking out "civil action" each place it appears and inserting in lieu thereof "petition", (C) in the second sentence of paragraph (1), by striking out "may include in the judgment an amount to cover" and inserting in lieu thereof "may award an amount of com-