Page:United States Statutes at Large Volume 107 Part 1.djvu/667

 PUBLIC LAW 103-66—AUG. 10, 1993 107 STAT. 641 vaccine for vaccine-eligible children shall be agreed to by the Secretary under this subsection if the price per dose of such vaccine (including delivery costs and any applicable excise tax established under section 4131 of me Internal Revenue Code of 1986) exceeds the price per dose for the vaccine in effect under such a contract as of such date increased by the percentage increase in the consumer price index for all urban consumers (all items; United States city average) from May 1993 to the month before the month in which such contract is entered into. "(C) NEGOTIATION OF DISCOUNTED PRICE FOR NEW VAC- CINES.— With respect to contracts entered into for a pediatric vaccine not described in subparagraph (B), the price for the purchase of such vaccine shall oe a discounted price negotiated by the Secretary that may be established without regard to such subparagraph. "(4) QUANTITIES AND TERMS OF DELIVERY.—Under such contracts— "(A) the Secretary shall provide, consistent with paragraph (6), for the purchase and delivery on behalf of States (and tribes and tribal organizations) of quantities of pediatric vaccines for federculy vaccine-eligible children; and "(B) each State, at the option of the State, shall be permitted to obtain additional quantities of pediatric vaccines (subject to amounts specified to the Secretary by the State in advance of negotiations) through purchasing the vaccines from the manufacturers at the applicable price negotiated by the Secretary consistent with paragraph (3), if (i) the State agrees that the vaccines will be used to provide immunizations only for children who are not federally vaccine-eligible children and (ii) the State provides to the Secretary such information (at a time and manner specified by the Secretary, including in advance of negotiations under paragraph (1)) as the Secretary determines to be necessary, to provide for quantities of p|ediatric vaccines for the State to purchase pursuant to this subsection and to determine annually the percentege of the vaccine market that is purchased pursuant to this section and this subparagraph. The Secretary shall enter into the initial negotiations under the preceding sentence not later than 180 days after the date of the enactment of the Omnibus Budget Reconciliation Act of 1993. "(5) CHARGES FOR SHIPPING AND HANDLING.— The Secretary may enter into a contract referred to in paragraph (1) only if me manufacturer involved agrees to submit to the Secretary such reports as the Secretary determines to be appropriate to assure compliance with the contract and if, with respect to a Stote program under this section that does not provide for the direct delivery of qualified pediatric vaccines, the manufacturer involved agrees that the manufacturer will provide for the delivery of the vaccines on behalf of the Stote in accordance with such program and will not impose any charges for Uie coste of such deliveiy (except to the extent such coste are provided for in the price established under paragraph (3)). ^(6) ASSURING ADEQUATE SUPPLY OF VACCINES.—The Secretary, in negotiations under paragraph (1), shall negotiate

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