[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2959 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2959

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 8, 2004

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

_______________________________________________________________________

                                 A BILL


 
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).''.
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