Page:United States Statutes at Large Volume 103 Part 3.djvu/223

 PUBLIC LAW 101-239—DEC. 19, 1989 103 STAT. 2291 pensation to cover" and by striking out "court" each place it appears and inserting in lieu thereof "special master or ^ court", (D) in paragraph (2), by striking out "the judgment of the court on such petition may include an amount' and insert- ing in lieu thereof "the special master or court may also award an amount of compensation", and (E) in paragraph (3), by striking out "included under paragraph (1) in a judgment on such petition" and inserting in lieu thereof "awarded as compensation by the special master or court under paragraph (1)". (3) Section 2115(f) (42 U.S.C. 300aa-15(f)) is amended— (A) in paragraph (3), by inserting after "Pa3mients of compensation' the following: "under the Program and the costs of carrying out the Program", (B) in paragraph (4)(A), by striking out "made in a lump sum" and by adding after compensation" the second time it appears the following: "and shall be paid from the trust fund in a lump sum of which all or a portion of the proceeds may be used as ordered by the special master to purchase ^ an annuity or otherwise be used, with the consent of the petitioner, in a manner determined by the special master to be in the best interests of the petitioner", and (C) in paragraph (4)(B), by striking out "paid in 4 equal annual installments." and inserting in lieu thereof "deter- mined on the basis of the net present value of the elements of compensation and paid in 4 equal annual installments of which all or a portion of the proceeds may be used as ordered by the special master to purchase an annuity or _^ otherwise be used, with the consent of the petitioner, in a manner determined by the special master to be in the best interests of the petitioner. Any reasonable attorneys' fees and costs shall be paid in a lump sum.". (4) Section 2115 (42 U.S.C. 300aa-15) is amended— (A) in subsection (g), by inserting "(other than under title XIX of the Social Security Act)" after "State health benefits program", and (B) in subsection (h), by inserting before the period at the end the following: ", except that this subsection shall not apply to the provision of services or benefits under title XIX of t/lifi Soci3.1 Sccurity Act'' (5) Section 2115(i)(l) (42 U.S.C. 300aa-15(i)(l)) is amended by striking out "(i)" and inserting in lieu thereof "(j)". (6) The first sentence of section 2115(j) (42 U.S.C. 300aa-15(j)) is amended by striking out "and" after 1991," and by inserting before the period a comma and "$80,000,000 for fiscal year 1993". (m) TECHNICALS. — (1) Section 2116(c) (42 U.S.C. 300aa-16(c)) is amended by strik- ing out "2111(b)" and inserting in lieu thereof "2111". (2) Section 21170)) (42 U.S.C. 300aa-17(b)) is amended by striking out "the trust fund which has been established to provide compensation under the Program" and inserting in lieu thereof "the Vaccine Injury Compensation Trust Fund estab- lished under section 9510 of the Internal Revenue Code of 1986". (n) ELECTION. — (1) Section 2121(a) (42 U.S.C. 300aa-21(a)) is amended— )

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