Summary: H.R.4238 — 101st Congress (1989-1990)All Information (Except Text)

Bill summaries are authored by CRS.

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Passed Senate amended (10/12/1990)

Vaccine and Immunization Amendments of 1990 - Amends the Public Health Service Act to authorize appropriations for specified immunization programs.

Authorizes the Secretary of Health and Human Services, through the Director of the Centers for Disease Control, to make grants for demonstration projects to: (1) provide, without charge, immunizations to children under two years old who reside in low-income areas; and (2) provide outreach to identify such children and inform their parents of the availability of the immunizations. Authorizes appropriations.

Directs the Secretary, through the Director, to acquire and maintain a supply of vaccines sufficient to provide vaccinations throughout a six-month period. Makes any proceeds form the sale of such vaccines available to the Secretary for purchasing vaccines. Authorizes appropriations.

Authorizes appropriations to carry out the National Vaccine Program.

Allows the chief special master to suspend proceedings on any petition if the chief special master determines that filings related to administrations of vaccines before certain provisions were in effect place an undue burden on the parties or special master involved.

Requires the special master or U.S. Claims Court, if the special master fails to make a decision or the court fails to enter judgment by specified deadlines, to notify the petitioner that the petitioner may withdraw the petition, and that the petition will be withdrawn if the petitioner, the special master, or the court do not take certain actions.

Authorizes appropriations for payment of compensation under the Program related to administration of a vaccine before the effective date of certain provisions.

Bars filing of petitions relating to administration before the effective date: (1) more than 28 (currently, 24) months after the effective date; or (2) if the first symptom occurred more than 36 months after administration. Modifies requirements regarding staying of State limitations of actions during the time a petition is pending.

Prohibits a person who elects to receive compensation under a court judgment relating to an administration before the effective date from bringing a civil action against an administrator or manufacturer.

Allows a petitioner to withdraw a petition if a special master fails to make a decision or a court fails to enter judgment by specified deadlines. Considers the petition withdrawn if the petitioner fails to withdraw by a certain time.

Authorizes appropriations, to carry out specified provisions of the National Vaccine Injury Compensation Program, from the Vaccine Injury Compensation Trust Fund to the Secretary of Health and Human Services, the Attorney General, and the U.S. Claims Court.

Amends the Public Health Service Act to require that, during the period of appointment as Assistant Secretary for Health, a commissioned officer of the Public Health Service have the grade corresponding to the grade of General of the Army.

Amends the Public Health Service Act to modify the formula for determining the amount of grants for outpatient and inpatient services related to acquired immune deficiency syndrome (AIDS).

Directs the Secretary to reduce allotments for early intervention outpatient services related to AIDS with regard to States with political subdivisions which have a cooperative agreement from the Secretary, through the Centers for Disease Control, for counseling and testing with regard to AIDS. Directs the Secretary, from amounts made available as a result of the reductions, to make a grant to each such political subdivision, provided the subdivision makes certain agreements.