Page:United States Statutes at Large Volume 103 Part 3.djvu/221

 PUBLIC LAW 101-239—DEC. 19, 1989 103 STAT. 2289 "(ii) may require the submission of such information as ^ may be reasonable and necessary, "(iii) may require the testimony of any person and the production of any documents as may be reasonable and necessary, "(iv) shall afford all interested persons an opportunity to submit relevant written information— "(I) relating to the existence of the evidence de- scribed in section 2113(a)(l)(B), or "(II) relating to any allegation in a petition with respect to the matters described in section 2111(c)(l)(C)(ii), and "(v) may conduct such hearings as may be reasonable and necessary. There may be no discovery in a proceeding on a petition other than the discovery required by the special master. "(C) In conducting a proceeding on a petition a special master shall suspend the proceedings one time for 30 days on the motion of either party. After a motion for suspension is granted, further motions for suspension by either party may be granted by the special master, if the special master determines the suspension is reasonable and necessary, for an aggregate period not to exceed 150 days. "(4)(A) Except as provided in subparagraph (B), information submitted to a special master or the court in a proceeding on a petition may not be disclosed to a person who is not a party to the proceeding without the express written consent of the person who submitted the information. "(B) A decision of a special master or the court in a proceed- Classified ing shall be disclosed, except that if the decision is to include information, information— "(i) which is trade secret or commercial or financial ^ information which is privileged and confidential, or "(ii) which are medical files and similar files the disclo- sure of which would constitute a clearly unwarranted inva- sion of privacy, 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.", (h) ACTION BY THE UNITED STATES CLAIMS COURT. —Section 2112(e) (42 U.S.C. 300aa-12(e)) (as so redesignated by subsection (e)) is amended to read as follows: "(e) ACTION BY THE UNITED STATES CLAIMS COURT. — "(1) Upon issuance of the special master's decision, the parties shall have 30 days to file with the clerk of the United States Claims Court a motion to have the court review the decision. If such a motion is filed, the other party shall file a response with the clerk of the United States Claims dburt no later than 30 days after the filing of such motion. '(2) Upon the filing of a motion under paragraph (1) with respect to a petition, the United States Claims Court shall have jurisdiction to undertake a review of the record of the proceed- ings and may thereafter— "(A) uphold the findings of fact and conclusions of law of the special master and sustain the special master's decision, "(B) set aside any findings of fact or conclusion of law of the special master found to be arbitrary, capricious, an

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