Page:United States Statutes at Large Volume 90 Part 1.djvu/1164

 90 STAT. 1114 Reports to Congress.

PUBLIC LAW 9 4 - 3 8 0 — A U G. 12, 1976

" (2) The Secretary shall submit quarterly reports to the Congress on the administration of the swine flu program. E a c h such report shall provide information on— " (A) the current supply of the swine flu vaccine to be used in the program; " (B) the number of persons inoculated with such vaccine since the last report was made under this paragraph and the immune status of the population; " (C) the amount of funds expended for the swine flu program by the United States, each State, and any other entity particip a t i n g in the program and the costs of each such participant which are associated with the program, during the period with respect to which the report is m a d e; and " (D) the epidemiology of influenza in the United States during such period. Contracts. " (3) Any contract for procurement by the United States of swine flu vaccine from a manufacturer of such vaccine shall (notwithstanding any other provision of law) be subject to renegotiation to eliminate any profit realized from such procurement (except that with respect to vaccine against the strain of influenza virus known as influenza A / V i c to r i a / 7 5 profit shall be allowed but limited to an amount not exceeding a reasonable profit), as determined pursuant to criteria prescribed by the Secretary, and the contract shall expressly so proInsurance vide. Such criteria shall specify that any insurance premium amount premium which is included in the price of such procurement contract and amounts, refund. which is refunded to the manufacturer under any retrospective, experience-rating plan or similar rating plan shall in t u r n be refunded to the United States. " (4) No funds are authorized to be appropriated to carry out the activities of the swine flu program authorized in subparagraphs (A), (B), (D), (E), and (F) of paragraph (1) of this subsection in addition to the funds appropriated by Public Law 94—266. Ante, p. 362. " (k)(l)(A) The Congress finds that— Claims against the United States. " (i) in order to achieve the participation in the program of the agencies, organizations, and individuals who will manufacture, distribute, and administer the swine flu vaccine purchased and used in the swine flu program and to assure the availability of such vaccine in interstate commerce, it is necessary to protect such agencies, organizations, and individuals against liability for other than their own negligence to persons alleging personal injury or death arising out of the administration of such vaccine; I«*?s: " ( i i) to provide such protection and to establish an orderly procedure for the p r o m p t and equitable handling of claims by persons alleging such injury or death, it is necessary that an exclusive remedy for such claimants be provided against the United States because of its unique role in the initiation, planning, and administration of the swine flu program; and " ( i i i) in order to be prepared to meet the potential emergency of a swine flu epidemic, it is necessary that a procedure be instituted for the handling of claims by persons alleging such injury or death until Congress develops a permanent approach for handling claims arising under program s of the Public Health 42 USC 201 note. Service Act.

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