To amend the Public Health Service Act to ensure an adequate supply and distribution of influenza vaccine.

October 8, 2004

Mr. DAYTON introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

To amend the Public Health Service Act to ensure an adequate supply and distribution of influenza vaccine.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Influenza Preparation and Vaccination Act'.

SEC. 2. INFLUENZA VACCINATIONS.

Part B of title III of the Public Health Service Act is amended by inserting after section 319K (42 U.S.C. 247d-7d) the following:

`SEC. 319L. INFLUENZA VACCINATIONS.

`(a) VACCINATION OF HEALTH CARE WORKERS-

`(1) IN GENERAL- To be eligible to receive Federal funds, a health care facility shall ensure that health care workers employed by or providing services at such facility are vaccinated for influenza.

`(2) DETERMINATIONS BY SECRETARY- For purposes of administering this subsection, the Secretary shall determine--

`(A) a definition of health care facility;

`(B) which health care workers shall be required to be vaccinated;

`(C) the types of vaccinations required; and

`(D) the vaccination schedules for each year.

`(3) RELIGIOUS ACCOMMODATION- Nothing in this subsection shall be construed to require any health care worker to receive a vaccination if such worker objects thereto on religious grounds.

`(b) ENHANCED RESEARCH AND DEVELOPMENT-

`(1) GRANTS- The Secretary shall award grants to eligible entities to enable such entities to conduct research and development activities for the purpose of ensuring an adequate supply of influenza vaccine.

`(2) ELIGIBILITY- To be eligible to receive a grant under paragraph (1), an entity shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

`(3) NUMBER AND AMOUNT OF GRANTS- The Secretary shall determine the number an amount of grants awarded under paragraph (1) based on estimates of the amount of influenza vaccine that is needed for the year involved. Such estimates shall be based upon vaccine production and use in the previous year.

`(4) PURCHASE OF EXCESS VACCINE-

`(A) IN GENERAL- As part of a grant agreement entered into with an entity under paragraph (1), the Secretary shall agree to purchase any unused vaccines (that were the subject of the grant) from the entity at the price specified in the agreement if such vaccine meets production guidelines established by the Director of the Centers for Disease Control and Prevention and is delivered on time.

`(B) NEGOTIATION OF PRICES- In carrying out subparagraph (A), the Secretary shall, to the extent practicable, ensure that the prices provided for in agreements referred to in such subparagraph are comparable to the prices provided for in agreements negotiated by the Secretary on behalf of grantees under section 317(j)(1).

`(c) STATE AND LOCAL HEALTH INFRASTRUCTURE-

`(1) LOANS- The Secretary may provide loans to State and local health departments to ensure the stability of State and local health department infrastructure. Such loans shall be used to assist State or local health department in providing for a continuation of health services by department personnel.

`(2) ELIGIBILITY- To be eligible to receive a grant under paragraph (1), an entity shall--

`(A) be a State or local health department; and

`(B) prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

`(d) AUTHORIZATION OF APPROPRIATIONS-

`(1) IN GENERAL- There are authorized to be appropriated to carry out this section, $50,000,000 for fiscal year 2005, and such sums as may be necessary for each of fiscal years 2006 through 2010.

`(2) LOANS- Of the amount appropriated under paragraph (1) for each fiscal year, $10,000,000 shall be made available to carry out subsection (c).'.

END