HR 943 IH

To amend the Public Health Service Act with respect to the availability of influenza vaccine through the program under section 317 of such Act.

March 8, 2001

Mr. CONDIT (for himself, Mr. UDALL of New Mexico, and Mrs. EMERSON) introduced the following bill; which was referred to the Committee on Energy and Commerce

To amend the Public Health Service Act with respect to the availability of influenza vaccine through the program under section 317 of such Act.

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 `Flu Vaccine Availability Act of 2001'.

SEC. 2. AMENDMENT TO PUBLIC HEALTH SERVICE ACT REGARDING AVAILABILITY OF INFLUENZA VACCINE.

Section 317(j) of the Public Health Service Act (42 U.S.C. 247b(j)) is amended by adding at the end the following paragraph:

`(3)(A) For the purpose of carrying out activities relating to influenza vaccine under the immunization program under this subsection, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2001 and 2002. Such authorization is in addition to amounts available under paragraphs (1) and (2) for such purpose.

`(B) The authorization of appropriations established in subparagraph (A) is not effective for a fiscal year unless the total amount appropriated under paragraphs (1) and (2) for the fiscal year is not less than such total for fiscal year 2000.

`(C) The purposes for which amounts appropriated under subparagraph (A) are available include the payment of program expenses for the immunization program under this subsection in order to ensure that influenza vaccines purchased under this subsection are received by the States, and distributed to qualifying health care providers for the immunization of children, adolescents, and adults, in accordance with criteria of the Secretary for the operation of the immunization program under this subsection.

`(D) The Secretary shall submit reports to the Congress describing the activities of the Secretary under this subsection regarding influenza vaccine. Such reports may include any recommendations of the Secretary for administrative or legislative actions to improve operations under this subsection regarding such vaccine. The first such report shall be submitted not later than February 1, 2002, the second report shall be submitted not later than February 1, 2003, and subsequent reports shall be submitted biennially thereafter.

`(E) For purposes of this paragraph, the term `qualifying health care provider' means--

`(i) a physician as defined in section 1861(r) of the Social Security Act; and

`(ii) a provider of services under section 1861(u) of such Act.'.

END