Page:United States Statutes at Large Volume 90 Part 1.djvu/1167

 PUBLIC LAW 94-380—AUG. 12, 1976 by any other law, the action or proceeding shall be dismissed, but in that event the running of any limitation of time for commencing, or filing an application or claim in, such proceedings for compensation or other benefits shall be deemed to have been suspended during the pendency of the civil action or proceeding under this subsection. "(6) A program participant shall cooperate with the United States in the processing or defense of a claim or suit under such section 1346(b) and chapter 171 based upon alleged acts or omissions of the program participant. Upon the motion of the United States or any other party, the status as a program participant shall be revoked by the district court of the United States upon finding that the program participant has failed to so cooperate, and the court shall substitute such former participant as the party defendant in place of the United States and, upon motion, remand any such suit to the court in which it was instituted. " (7) Should payment be made by the United States to any claimant bringing a claim under this subsection, either by way of administrative settlement or court judgment, the United States shall have, notwithstanding any provision of State law, the right to recover for that portion of the damages so awarded or paid, as well as any costs of litigation, resulting from the failure of any program participant to carry out any obligation or responsibility assumed by it under a contract with the United States in connection with the program or from any negligent conduct on the part of any program participant ,in carrying out any obligation or responsibility in connection with the swine flu program. The United States may maintain such action against such program participant in the district court of the United States in which such program participant resides or has its principal place of business. "(8) Within one year of the date of the enactment of the National Swine Flu Immunization Program of 1976, and semiannually thereafter, the Secretary shall submit to the Congress a report on the conduct of settlement and litigation activities under this subsection, specifying the number, value, nature, and status of all claims made thereunder, including the status of claims for recovery made under paragraph (7) of this subsection and a detailed statement of the reasons for not seeking such recovery. "(1) For the purposes of subsections (j) and (k) of this section— "(1) the phrase 'arising out of the administration' with reference to a claim for personal injury or death under the swine flu program includes a claim with respect to the manufacture or distribution of such vaccine in connection with the provision of an inoculation using such vaccine under the swine flu program; "(2) the term 'State'includes the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust "(3) the term 'swine flu vaccine' means the vaccine against the strain of influenza virus known as influenza A/New Jersey/76 (Hsw I N l), or a combination of such vaccine and the vaccine against the strain of influenza virus known i as influenza A/Victoria/75.".
 * Territory of the Pacific Islands; and

90 STAT. 1117

Cooperation, 28 USC 1346, 2671 et seq.

Payment,

Report to Congress,

Definitions.

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