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HRD-81-33 1 (1981-01-14)

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United States General Accounting Office            Divsion
Washington, DC 20548
                                    RELEASED

 B-199297


The Honorable John A. Durkin
United States Senate


JANUARY 14, 1981


Dear Senator Durkin:

     Subject: Ej0-essing of Claims Resulting from the
               Swine Flu Program5(HRD-81-33)

     In your October 10, 1979, letter you asked us to review
the (1) timeliness of the Department of Justice in processing
swine flu claims and lawsuits and (2) adequacy of staffing
and resources available to the Department of Justice to handle
swine flu claims.

     On July 22, 1980, we briefed your office on the results
of our work. This letter summarizes the information provided
during the briefing. A more detailed discussion of our find-
ings is contained in enclosures I and II.

SCOPE OF REVIEW

     We reviewed the general method for claims processing
filed against the Federal Government (title 28 U.S.C. and    _    _
part 14 of title 28 of the CFR). We also reviewed the        __
specific method established to process claims resulting
from the swine flu program--Public Law 94-380 (the National
Swine Flu Immunization Program of 1976, amending section     _   _
317 of the Public Health Service Act, 42 U.S.C. 247b). We
reviewed the procedures established by the Departments of
Justice and Health and Human Services (HHS) 1/ to process
swine flu claims, determined from claim files the length
of elapsed time to decide claims, and compiled descriptive
data on the claims, such as the status of claims and the
number of claims filed according to the nature of the alleged


l/On May 4, 1980, a separate Department of Education commenced
  operating. Before that date, activities discussed in this
  report were the responsibility of the Department of Health,
  Education, and Welfare.


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