Pub. L. 100-203, tit. IV, subtit. D, sec. 4304
PETITIONS.
SEC. 4304. PETITIONS. (a) Application of Limits.— Section 2111(a) (42 U.S.C. 300aa–11) is amended by adding at the end the following: “(8) This subsection applies only to a person who has sustained a vaccine-related injury or death and who is qualified to file a petition for compensation under the Program.”. (b) Qualification.— (1) Section 2111(b)(1) (42 U.S.C. 300a–l 1(b)(1)(A)) is amended by striking out “may file” and inserting in lieu thereof “may, if the person meets the requirements of subsection (c)(1), file”. (2) Section 2111(c)(1)(D) (42 U.S.C. 300a–11(c)(1)(D)) is amended (A) by striking out “for more than 1 year” and inserting in lieu thereof “for more than 6 months”, (B) by striking out “, (ii)” and101 STAT. 1330–224 inserting in lieu thereof “and”, and (C) by striking out “(iii)” and inserting in lieu thereof “(ii)”. (c) Withdrawal.— Section 2121 (42 U.S.C. 300a–21) is amended by redesignating subsection (b) as subsection (c) and by inserting after subsection (a) the following: “(b) Withdrawal of Petition.— If the United States Claims Court fails to enter a judgment under section 2112 on a petition filed under section 2111 within 365 days after the date on which the petition was filed, the petitioner may submit to the court a notice in writing withdrawing the petition. Such a notice shall be filed not later than 90 days after the expiration of such 365-day period. A person who has submitted a notice under this subsection may, notwithstanding section 2111(a)(2), thereafter maintain a civil action for damages in a State or Federal court without regard to part B and consistent with otherwise applicable law.”.