[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 943 Reported in House (RH)]



                                                  Union Calendar No. 99
107th CONGRESS
  1st Session
                                H. R. 943

                          [Report No. 107-168]

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             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

                             July 26, 2001

Additional sponsors: Mr. Sawyer, Mr. Thompson of California, Mr. Frost, 
Mr. DeFazio, Ms. Roybal-Allard, Ms. Eshoo, Mr. Schiff, Mr. Waxman, and 
                           Mr. Brown of Ohio

                             July 26, 2001

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Flu Vaccine Availability 
Act of 2001''.</DELETED>

<DELETED>SEC. 2. AMENDMENT TO PUBLIC HEALTH SERVICE ACT
              REGARDING AVAILABILITY OF INFLUENZA
              VACCINE.</DELETED>

<DELETED>    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:</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(E) For purposes of this paragraph, the term `qualifying 
health care provider' means--</DELETED>
        <DELETED>    ``(i) a physician as defined in section 1861(r) of 
        the Social Security Act; and</DELETED>
        <DELETED>    ``(ii) a provider of services under section 
        1861(u) of such Act.''.</DELETED>

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 2002 and 2003. 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 to the Secretary include providing for 
improved State and local infrastructure for influenza immunizations 
under this subsection in accordance with the following:
            ``(i) Increasing influenza immunization rates in 
        populations considered by the Secretary to be high risk for 
        influenza-related complications and in their contacts.
            ``(ii) Recommending that health care providers actively 
        target influenza vaccine available in September, October, and 
        November to individuals at increased risk for influenza-related 
        complications and to their contacts.
            ``(iii) Providing for the continued availability of 
        influenza immunizations through December of such year, and for 
        additional periods to the extent that influenza vaccine remains 
        available.
            ``(iv) Encouraging States as appropriate to develop 
        contingency plans (including plans for public and professional 
        educational activities) for maximizing influenza immunizations 
        for high-risk populations in the event of a delay or shortage 
        of influenza vaccine.
    ``(D) The Secretary shall submit to the Committee on Energy and 
Commerce in the House of Representatives, and the Committee on Health, 
Education, Labor, and Pensions in the Senate, periodic reports Congress 
describing the activities of the Secretary under this subsection 
regarding influenza vaccine. The first such report shall be submitted 
not later than June 6, 2002, the second report shall be submitted not 
later than June 6, 2003, and subsequent reports shall be submitted 
biennially thereafter.''.




                                                  Union Calendar No. 99

107th CONGRESS

  1st Session

                               H. R. 943

                          [Report No. 107-168]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             July 26, 2001

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed