2018 US Code
Title 42 - The Public Health and Welfare
Chapter 6A - Public Health Service
Subchapter XIX - Vaccines
Part 2 - National Vaccine Injury Compensation Program
Subpart d - General Provisions
Sec. 300aa-31 - Citizen's actions
| 42 U.S.C. § 300aa-31 (2018) |
| §300aa–31. Citizen's actions |
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(a) General rule
Except as provided in subsection (b), any person may commence in a district court of the United States a civil action on such person's own behalf against the Secretary where there is alleged a failure of the Secretary to perform any act or duty under this part. (b) NoticeNo action may be commenced under subsection (a) before the date which is 60 days after the person bringing the action has given written notice of intent to commence such action to the Secretary. (c) Costs of litigationThe court, in issuing any final order in any action under this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any plaintiff who substantially prevails on one or more significant issues in the action. |
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(July 1, 1944, ch. 373, title XXI, §2131, as added Pub. L. 99–660, title III, §311(a), Nov. 14, 1986, 100 Stat. 3778; amended Pub. L. 100–203, title IV, §4305, Dec. 22, 1987, 101 Stat. 1330–224.) |
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AMENDMENTS
1987—Subsec. (c). Pub. L. 100–203, which directed that subsec. (c) be amended by substituting "to any plaintiff who substantially prevails on one or more significant issues in the action" for "to any party, whenever the court determines that such award is appropriate", was executed by making the substitution for "to any party, whenever the court determines such award is appropriate", to reflect the probable intent of Congress. EFFECTIVE DATESubpart effective Dec. 22, 1987, see section 323 of Pub. L. 99–660, set out as a note under section 300aa–1 of this title. |
| United States Code, 2018 Edition, Title 42 - THE PUBLIC HEALTH AND WELFARE |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| Title 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 6A - PUBLIC HEALTH SERVICE SUBCHAPTER XIX - VACCINES Part 2 - National Vaccine Injury Compensation Program subpart d - general provisions Sec. 300aa-31 - Citizen's actions |
| section 300aa-31 |
| 2018 |
| January 14, 2019 |
| No |
| standard |
| 100 Stat. 3778 101 Stat. 1330-224 |
| Public Law 99-660, Public Law 100-203 |
