COMPENSATION.

SEC. 4303. COMPENSATION. (a) Source.— Section 2115 (42 U.S.C. 300aa–15) is amended by adding at the end the following: “(i) Source of compensation.— “(1) Payment of compensation under the Program to a petitioner for a vaccine-related injury or death associated with the administration of a vaccine before the effective date of this part shall be made from appropriations under subsection (i). “(2) Payment of compensation under the Program to a petitioner for a vaccine-related injury or death associated with the administration of a vaccine on or after the effective date of this part shall be made from the Vaccine Injury Compensation Trust Fund established under section 9510 of the Internal Revenue Code of 1986.”. 101 STAT. 1330–222 (b) Authorization.— Section 2115 (42 U.S.C. 300aa–15) (as amended by subsection (a)) is amended by adding at the end the following: “(j) Authorization.— For the payment of compensation under the Program to a petitioner for a vaccine-related injury or death associated with the administration of a vaccine before the effective date of this part there are authorized to be appropriated $80,000,000 for fiscal year 1989, $80,000,000 for fiscal year 1990, $80,000,000 for fiscal year 1991, and $80,000,000 for fiscal year 1992. Amounts appropriated under this subsection shall remain available until expended.”. (c) Minimum.— Section 2115(a)(1) (42 U.S.C. 300a–15(a)(1)) is amended by striking out the last sentence of subparagraphs (A)and(B). (d) Lump Sum.— (1) Section 2115 (42 U.S.C. 300aa–15) is amended— (A) by striking out the last two sentences after paragraph (4) in subsection (a), and (B) by adding at the end of the first subsection (f) the following: “(4) (A) Except as provided in subparagraph (B), payment of compensation under the Program shall be made in a lump sum determined on the basis of the net present value of the elements of the compensation. “(B) In the case of a payment of compensation under the Program to a petitioner for a vaccine-related injury or death associated with the administration of a vaccine before the effective date of this part the compensation shall be paid in 4 equal annual installments. If the appropriations under subsection (i) are insufficient to make a payment of an annual installment, section 2111(a) shall not apply to a civil action for damages brought by the petitioner entitled to the payment.”. (2) (A) Subsections (e) and (f) of section 2112 (42 U.S.C. 300a–12) are repealed and subsection (g) of such section is redesignated as subsection (e). (B) Section 2118 (42 U.S.C. 300aa–18) is repealed. (e) Limit.— Section 2115(b) (42 U.S.C. 300aa–15(b)) is amended by striking out “shall only include the compensation described in paragraphs (1)(A) and (2) of subsection (a)” and inserting in lieu thereof the following: “may not include the compensation described in paragraph (1)(B) of subsection (a) and may include attorneys’ fees and other costs included in a judgment under subsection (e), except that the total amount that may be paid as compensation under paragraphs (3) and (4) of subsection (a) and included as attorneys’ fees and other costs under subsection (e) may not exceed $30,000”. (f) Termination of Program.— Part D of title XXI is amended by adding at the end the following: “termination of program “Sec. 2134. (a) Reviews.— The Secretary shall review the number of awards of compensation made under the program to petitioners under section 2111 for vaccine-related injuries and deaths associated with the administration of vaccines on or after the effective date of this part as follows: 101 STAT. 1330–223 “(1) The Secretary shall review the number of such awards made in the 12-month period beginning on the effective date of this part. “(2) At the end of each 3-month period beginning after the expiration of the 12-month period referred to in paragraph (1) the Secretary shall review the number of such awards made in the 3-month period. “(b) Report.— “(1) If in conducting a review under subsection (a) the Secretary determines that at the end of the period reviewed the total number of awards made by the end of that period and accepted under section 2121(a) exceeds the number of awards listed next to the period reviewed in the table in paragraph (2)— “(A) the Secretary shall notify the Congress of such determination, and “(B) beginning 180 days after the receipt by Congress of a notification under paragraph (1), no petition for a vaccine-related injury or death associated with the administration of a vaccine on or after the effective date of this part may be filed under section 2111. Section 2111(a) and part B shall not apply to civil actions for damages for a vaccine-related injury or death for which a petition may not be filed because of subparagraph (B). “(2) The table referred to in paragraph (1) is as follows: 10Copy read “Period reviewed:”. “Period reviewed Total number of awards by the end of the period reviewed 12 months after the effective date of part ......................... 150 13th through the 15th month after such date ......................... 188 16th through the 18th month after such date ......................... 225 19th through the 21st month after such date ......................... 263 22nd through the 24th month after such date ......................... 300 25th through the 27th month after such date ......................... 338 28th through the 30th month after such date ......................... 375 31st through the 33rd month after such date ......................... 413 34th through the 36th month after such date ......................... 450 37th through the 39th month after such date ......................... 488 40th through the 42nd month after such date ......................... 525 43rd through the 45th month after such date ......................... 563 46th through the 48th month after such date ......................... 600.”. (g) Technical.— Section 2115 (42 U.S.C. 300a–15) is amended by redesignating the second subsection (f) and subsection (g) as subsections (g) and (h), respectively.