[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4603 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4603

    To amend the Public Health Service Act with respect to pandemic 
                   influenza, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 16, 2005

   Mrs. Lowey (for herself, Ms. Pelosi, Mr. Hoyer, Mr. Menendez, Mr. 
Emanuel, Ms. DeLauro, Mr. George Miller of California, Mr. Spratt, Mr. 
Dingell, Mr. Obey, Mr. Waxman, Mr. Lantos, Mr. Conyers, Mr. Thompson of 
 Mississippi, Mr. Markey, Mr. Pallone, Mr. Brown of Ohio, Ms. DeGette, 
Mrs. Capps, Ms. Schakowsky, Ms. Baldwin, Ms. McCollum of Minnesota, Mr. 
Cummings, Ms. Bordallo, Ms. Solis, Mr. Lewis of Georgia, Mr. Owens, Mr. 
McGovern, Ms. Matsui, Mr. McNulty, Mr. Davis of Illinois, Mrs. Davis of 
   California, Mrs. Maloney, Mr. Moran of Virginia, Ms. Schwartz of 
  Pennsylvania, Mr. Chandler, Mr. Case, Mr. Kildee, Mr. Crowley, Mr. 
Larson of Connecticut, Mr. Grijalva, Mr. Hinchey, Mrs. Christensen, Mr. 
 McDermott, Mr. Ackerman, Mr. Levin, Mr. Abercrombie, Mr. Serrano, and 
 Mr. Schiff) introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committees on 
  Resources, Agriculture, International Relations, Education and the 
    Workforce, Science, and Financial Services, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
    To amend the Public Health Service Act with respect to pandemic 
                   influenza, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Pandemic and 
Seasonal Influenza Act of 2005'' .
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
  TITLE I--DOMESTIC PROGRAMS REGARDING SEASONAL AND PANDEMIC INFLUENZA

Sec. 101. Emergency declaration; compensation program; liability 
                            protections.
Sec. 102. Additional funding for various programs and activities 
                            relating to seasonal and pandemic 
                            influenza.
Sec. 103. Accountability.
Sec. 104. Grants to improve State, local, and hospital preparedness for 
                            and response to public health emergencies; 
                            State pandemic influenza preparedness 
                            plans.
Sec. 105. Partnerships for community and hospital preparedness.
Sec. 106. Purchase of unsold doses of seasonal vaccines.
Sec. 107. Surveillance.
Sec. 108. Global Network for Avian Influenza Surveillance.
Sec. 109. Procurements for Strategic National Stockpile.
Sec. 110. National tracking and distribution system for vaccines and 
                            anti-virals.
Sec. 111. Public education and awareness campaign.
Sec. 112. Health professional training.
Sec. 113. Research at National Institutes of Health.
Sec. 114. Research at Centers for Disease Control and Prevention.
Sec. 115. Collaboration with National Science Foundation regarding 
                            effective communication strategies.
Sec. 116. Funds for inspections of manufacturing facilities; postmarket 
                            safety.
Sec. 117. Coordination with Department of Homeland Security.
Sec. 118. Definition.
  TITLE II--PROTECTING HEALTH CARE WORKERS AND FIRST RESPONDERS FROM 
                           PANDEMIC INFLUENZA

Sec. 201. Preparedness and response.
Sec. 202. Relation to States and political subdivisions receiving funds 
                            under title I.
TITLE III--INTERNATIONAL ASSISTANCE TO COMBAT THE AVIAN INFLUENZA VIRUS

Sec. 301. Findings.
Sec. 302. Bilateral assistance.
Sec. 303. Multilateral assistance.
Sec. 304. Establishment of multi-donor trust fund.
Sec. 305. Coordinator of United States assistance to combat the avian 
                            influenza virus.
Sec. 306. Designation of high risk foreign countries and development of 
                            country strategies.
Sec. 307. United States avian influenza virus early warning system.
Sec. 308. Report.
Sec. 309. Definitions.
Sec. 310. Authorization of appropriations.

  TITLE I--DOMESTIC PROGRAMS REGARDING SEASONAL AND PANDEMIC INFLUENZA

SEC. 101. EMERGENCY DECLARATION; COMPENSATION PROGRAM; LIABILITY 
              PROTECTIONS.

    Title XXI of the Public Health Service Act (42 U.S.C. 300aa-1 et 
seq.) is amended by adding at the end the following:

                    ``Subtitle 3--Pandemic Influenza

    ``PART A--EMERGENCY DECLARATION REGARDING COVERED COUNTERMEASURE

``SEC. 2141. EMERGENCY DECLARATION.

    ``(a) In General.--If the Secretary determines that a virus is 
causing pandemic influenza in humans, or that there is a credible risk 
that a particular virus may in the future cause such influenza, the 
Secretary may, through publication in the Federal Register, issue a 
declaration providing that parts B and C (relating to compensation for 
injuries, and to immunity from liability and to civil actions against 
the Federal Government for compensation, respectively) are in effect 
with respect to the countermeasure or countermeasures specified in the 
declaration.
    ``(b) Certain Requirements.--A declaration under subsection (a) is 
effective with respect to a countermeasure for purposes of this 
subtitle only if the declaration--
            ``(1) identifies a category or categories of individuals 
        and recommends that the countermeasure be administered to 
        individuals in such categories for the purpose of preventing 
        the influenza involved; and
            ``(2) specifies the period during which the declaration 
        will be in effect, including a beginning date and an ending 
        date.
    ``(c) Amendments.--The Secretary may, through publication in the 
Federal Register, amend a declaration under subsection (a), including 
an amendment to shorten or extend the effective period of the 
declaration.
    ``(d) Definitions.--For purposes of this subtitle:
            ``(1) The term `countermeasure' means a vaccine that--
                    ``(A) is licensed under section 351 to prevent 
                influenza (or a particular type of influenza); or
                    ``(B) is authorized for emergency use under section 
                564 of the Federal Food, Drug, and Cosmetic Act to 
                prevent influenza (or a particular type of influenza).
            ``(2) The term `covered countermeasure' means a 
        countermeasure specified in a declaration under subsection (a).
            ``(3) The term `covered individual', with respect to a 
        declaration under subsection (a), means an individual--
                    ``(A) who is within a category of individuals 
                identified in the declaration pursuant to subsection 
                (b)(1); and
                    ``(B) to whom a countermeasure specified in the 
                declaration has been administered.

                     ``PART B--COMPENSATION PROGRAM

``SEC. 2151. COMPENSATION FOR INJURIES FOR ADMINISTRATION DURING 
              EFFECTIVE PERIOD OF DECLARATION.

    ``(a) In General.--The Secretary shall by regulation establish in 
accordance with this part a program under which compensation may be 
paid for a countermeasure-related injury or death that is associated 
with the administration of a covered countermeasure to a covered 
individual during the effective period of the applicable declaration 
under section 2141(a).
    ``(b) Relationship to National Vaccine Injury Compensation Program 
Under Subtitle 2.--
            ``(1) In general.--Except as otherwise provided in this 
        part, the provisions of subtitle 2 (including provisions taking 
        effect on or after the effective date of this section) apply 
        with respect to a covered countermeasure to the same extent and 
        in the same manner as such provisions apply with respect to a 
        vaccine included on the vaccine injury table under section 
        2114.
            ``(2) Limitation regarding subtitle 2 vaccines.--Subsection 
        (a) does not apply with respect to a covered countermeasure if 
        the countermeasure is included on the vaccine injury table 
        under section 2114.
            ``(3) Separate program; separate judicial resources.--This 
        subtitle may not be construed as having any legal effect on the 
        program under subtitle 2. The program under subsection (a) 
        shall, consistent with applicable appropriations Acts, be 
        administered in a manner that ensures that administrative 
        resources of the United States Claims Courts used for the 
        program under subtitle 2 are not, by reason of the program 
        under this part, reduced below the level of such resources used 
        for such program for fiscal year 2006, as adjusted to offset 
        the effects of inflation occurring after the beginning of such 
        fiscal year.
    ``(c) Compensation Secondary to Other Coverage.--
            ``(1) In general.--Except as provided in paragraph (2), 
        compensation under subsection (a) shall be secondary to any 
        obligation of the United States, or any third party (including 
        any State or local governmental entity, private insurance 
        carrier, or employer), under any other provision of law or 
        contractual agreement to pay for or provide such compensation.
            ``(2) Certain programs.--Paragraph (1) does not apply with 
        respect to the program under title XIX of the Social Security 
        Act or the program under part C of this subtitle.
            ``(3) Payments pursuant to subrogation.--With respect to an 
        obligation to which compensation under subsection (a) is 
        secondary for purposes of paragraph (1), the Secretary may, 
        notwithstanding such obligation, make a payment under 
        subsection (a) in the amount of the obligation if such payment 
        is requested by or on behalf of the covered individual 
        involved. If the Secretary makes such a payment--
                    ``(A) the rights of such individual under the 
                obligation are subrogated to the Federal Government;
                    ``(B) the Secretary, pursuant to such subrogation, 
                shall collect the amount due the covered individual 
                under the obligation; and
                    ``(C) the Secretary shall deposit the amount 
                collected under subparagraph (B) in the fund under 
                section 2153.

``SEC. 2152. VARIATIONS FROM SUBTITLE 2 PROGRAM.

    ``(a) In General.--For purposes of section 2151(b)(1), the 
applicability with respect to a covered countermeasure of the 
provisions of the program under subtitle 2 is subject to this section.
    ``(b) Source of Funds for Compensation.--Amounts for providing 
compensation under section 2151(a) are available under section 2153, 
not from a tax imposed on the sale of such countermeasure under the 
Internal Revenue Code of 1986.
    ``(c) Injury Table.--With respect to section 2114 as applied for 
purposes of section 2151(a), the Secretary shall include in the injury 
table provisions regarding a covered countermeasure as soon as is 
practicable after the Secretary issues the applicable declaration under 
section 2141(a).
    ``(d) Compensation in Event of Death.--With respect to section 
2115(a)(2) as applied for purposes of section 2151(a), an award for the 
estate of the deceased shall be--
            ``(1) if the deceased was under the age of 18, $250,000, as 
        increased to the extent necessary to offset the effect of 
        inflation occurring after the beginning of fiscal year 2006; or
            ``(2) if the deceased was 18 years of age or older, the 
        greater of--
                    ``(A) $250,000, as so increased; or
                    ``(B) the projected loss of employment income, 
                except that the amount under this item may not exceed 
                an amount equal to 400 percent of the amount that 
                applies under subparagraph (A).
    ``(e) Election Regarding Civil Action.--With respect to the 
election under sections 2111(a)(2) and 2121 to file a civil action, 
such an election does not apply for purposes of section 2151(a). The 
authority to bring a civil action with respect to liability arising out 
of the administration of a covered countermeasure, and the relationship 
between such an action and compensation under section 2151(a), is 
regulated by part C.

``SEC. 2153. INJURY COMPENSATION FUND.

    ``(a) In General.--There is established within the Treasury of the 
United States a fund to be known as the Pandemic Influenza 
Countermeasure Injury Compensation Fund (referred to in this section as 
the `Fund'). The Fund shall consist of amounts appropriated in 
subsection (b). Amounts appropriated for the Fund are available until 
expended.
    ``(b) Funds.--There is hereby appropriated, out of any amounts in 
the Treasury not otherwise appropriated, such sums as may be necessary 
for each fiscal year--
            ``(1) to provide compensation under section 2115 as applied 
        for purposes of section 2151(a); and
            ``(2) to provide for the administrative expenses of 
        carrying out this part.

    ``PART C--LIABILITY PROTECTIONS; CIVIL ACTIONS FOR COMPENSATION

``SEC. 2161. CIVIL ACTIONS AGAINST FEDERAL GOVERNMENT; INDIVIDUAL 
              IMMUNITY OF MANUFACTURERS, DISTRIBUTORS, AND HEALTH CARE 
              PROVIDERS.

    ``(a) Deemed Status of Covered Persons as Federal Employees.--
            ``(1) Deemed status; civil action against federal 
        government.--For purposes of section 224(a), and subject to the 
        provisions of this section, a covered person shall be deemed to 
        be an employee of the Public Health Service with respect to 
        liability arising out of the administration of a covered 
        countermeasure to a covered individual during the effective 
        period of the applicable declaration by the Secretary under 
        section 2141(a).
            ``(2) Covered person.--For purposes of this part, the term 
        `covered person', when used with respect to the administration 
        of a covered countermeasure, means a person who is--
                    ``(A) a manufacturer or distributor of such 
                countermeasure;
                    ``(B) a health care entity under whose auspices--
                            ``(i) the countermeasure was administered;
                            ``(ii) a determination was made as to 
                        whether, or under what circumstances, an 
                        individual should receive the countermeasure;
                            ``(iii) the immediate site of 
                        administration of the countermeasure on the 
                        body was monitored, managed, or cared for; or
                            ``(iv) an evaluation was made of whether 
                        the administration of the countermeasure was 
                        effective;
                    ``(C) a qualified person who administered the 
                countermeasure;
                    ``(D) a State, a political subdivision of a State, 
                or an agency or official of a State or of such a 
                political subdivision, if such State, subdivision, 
                agency, or official has established requirements, 
                provided policy guidance, supplied technical or 
                scientific advice or assistance, or otherwise 
                supervised or administered a program with respect to 
                administration of such countermeasures;
                    ``(E) an official, agent, or employee of a person 
                described in subparagraph (A), (B), (C), or (D);
                    ``(F) a contractor of, or a volunteer working for, 
                a person described in subparagraph (A), (B), or (D), if 
                the contractor or volunteer performs a function for 
                which a person described in such subparagraph is a 
                covered person; or
                    ``(G) an individual who has privileges or is 
                otherwise authorized to provide health care under the 
                auspices of an entity described in subparagraph (B).
            ``(3) Qualified person.--For purposes of this part, the 
        term `qualified person', when used with respect to the 
        administration of a covered countermeasure, means a licensed 
        health professional or other individual who--
                    ``(A) is authorized to administer such 
                countermeasure under the law of the State in which the 
                countermeasure was administered; or
                    ``(B) is otherwise authorized by the Secretary to 
                administer such countermeasure.
            ``(4) Arising out of administration of a covered 
        countermeasure.--For purposes of this part, the term `arising 
        out of administration of a covered countermeasure', when used 
        with respect to a claim or liability, includes a claim or 
        liability arising out of--
                    ``(A) determining whether, or under what 
                conditions, an individual should receive a covered 
                countermeasure;
                    ``(B) obtaining informed consent of an individual 
                to the administration of a covered countermeasure; or
                    ``(C) monitoring, management, or care of an 
                immediate site of administration on the body of a 
                covered countermeasure, or evaluation of whether the 
                administration of the countermeasure has been 
                effective.
    ``(b) Liability of Federal Government Only for Administrations 
Within Scope of Declaration.--Except as provided in subsection 
(g)(2)(B), the United States shall be liable under this section with 
respect to a claim arising out of the administration of a covered 
countermeasure to an individual only if--
            ``(1) the countermeasure was administered to the individual 
        by a qualified person for the purpose of preventing influenza 
        (or a type of influenza);
            ``(2) such administration by the qualified person was 
        during the effective period of such declaration; and
            ``(3)(A) the individual was at the time of such 
        administration a covered individual under the applicable 
        declaration under section 2141(a); or
            ``(B) the qualified person had reasonable grounds to 
        believe that the individual was within a category of 
        individuals identified in the declaration.
    ``(c) Variations From Title 28 Remedy.--
            ``(1) Inapplicability of certain exceptions from 
        liability.--Notwithstanding the provisions of law referred to 
        in section 224(a) that provide a remedy pursuant to such 
        section (relating to title 28, United States Code), the 
        following exceptions from liability under such provisions do 
        not apply for purposes of a civil action pursuant to subsection 
        (a):
                    ``(A) The exception established in section 2680(a) 
                of title 28, United States Code (known as the 
                discretionary function exception).
                    ``(B) The exception established in section 2680(h) 
                of such title (relating to intentional torts).
                    ``(C) The exception for strict liability in tort 
                pursuant to section 1346(b) of such title.
                    ``(D) The exception established in section 2680(k) 
                of such title (relating to claims arising in a foreign 
                country), except that such section is inapplicable only 
                in the case of a covered individual who is a United 
                States citizen, a member of the Armed Forces, or the 
                spouse or child of a member of such Forces.
                    ``(E) The exception established in Feres v. United 
                States, 340 U.S. 135 (1950) (relating to injuries to 
                military personnel sustained incident to service, and 
                known as the Feres doctrine).
            ``(2) Breach of warranty.--Notwithstanding the provisions 
        of law referred to in section 224(a) that provide a remedy 
        pursuant to such section, the liability of the United States 
        shall, for purposes of a civil action pursuant to subsection 
        (a), include liability based on a claim of breach of warranty.
            ``(3) Unavailability of government contractor defense.--In 
        a civil action pursuant to subsection (a), the United States 
        may not assert the defense established in Boyle v. United 
        Technologies Corp, 487 U.S. 500 (1988) (relating to compliance 
        with Federal contracts, and known as the government contractor 
        defense).
            ``(4) Governing law.--Notwithstanding the provisions of law 
        referred to in section 224(a) that provide a remedy pursuant to 
        such section, for purposes of a civil action pursuant to 
        subsection (a):
                    ``(A) References in section 1346(b) and chapter 171 
                of title 28, United States Code, to the place where the 
                act or omission complained of occurred are deemed to be 
                references to the place where the injury occurred, 
                subject to subparagraph (B).
                    ``(B) For purposes of subparagraph (A) as applied 
                for purposes of paragraph (1)(D), the place of injury 
                is deemed to be the domicile in the United States of 
                the covered individual involved, or if such individual 
                does not have a domicile in the United States, the 
                place in the United States that was the most recent 
                domicile in the United States of the individual.
            ``(5) Venue.--For purposes of a civil action pursuant to 
        subsection (a), the reference in section 1402(b) of title 28, 
        United States Code, to the place wherein the act or omission 
        complained of occurred is deemed to be a reference to the place 
        wherein the injury occurred.
    ``(d) Relation to Part B Program.--
            ``(1) In general.--A person may not, pursuant to subsection 
        (a), bring a claim under section 224(a) unless such person has 
        exhausted such remedies as are available under part B, except 
        that if the Secretary fails to make a final determination on a 
        request for compensation filed in accordance with the 
        requirements of such part within 240 days after such request 
        was filed, the person may seek any remedy that may be available 
        under this section.
            ``(2) Rule of construction regarding civil actions against 
        federal government.--This section shall not be construed as 
        superseding or otherwise affecting the application of a 
        requirement, under chapter 171 of title 28, United States Code, 
        to exhaust administrative remedies.
            ``(3) Tolling of statute of limitations.--The time limit 
        for filing a claim pursuant to this section, or for filing an 
        action based on such claim, shall be tolled during the pendency 
        of a petition for compensation under part B.
            ``(4) Offset.--The value of compensation provided under 
        part B for an incident or series of incidents shall be offset 
        against the amount of an award, compromise, or settlement of 
        money damages in a claim or suit pursuant to subsection (a) 
        based on the same incident or series of incidents.
    ``(e) Exclusivity.--For purposes of subsection (a), the remedy 
provided by section 224(a) shall be exclusive of any other civil action 
or proceeding for any claim or suit this section encompasses, except 
for a proceeding under part B.
    ``(f) Removal of Action to United States District Court.--
            ``(1) In general.--Any civil action brought in a State 
        court against a covered person with respect to liability 
        described in subsection (a) shall be removed without bond to 
        the district court of the United States of the district and 
        division embracing the place wherein the action is pending, 
        subject to subsection (c)(5), and the proceeding deemed a civil 
        action brought against the United States pursuant to subsection 
        (a).
            ``(2) Certain procedures.--With respect to section 224(c) 
        as applied for purposes of subsection (a), the following 
        applies:
                    ``(A) Paragraph (1) of this subsection applies in 
                lieu of the first sentence of such section.
                    ``(B) A civil action in a State court shall be 
                considered as having been brought against a covered 
                person with respect to liability described in 
                subsection (a) if, in the pleadings for the action--
                            ``(i) the plaintiff alleges that a vaccine 
                        caused the injury involved and seeks damages 
                        for the injury; and
                            ``(ii) the plaintiff or the defendant 
                        alleges that a Federal declaration has been 
                        issued with respect to the vaccine (without 
                        regard to whether section 2141(a) is 
                        specified), or the defendant alleges that 
                        Federal law grants the defendant immunity from 
                        liability for the injury (without regard to 
                        whether the defendant states that the defendant 
                        is a covered person under this section), or 
                        both.
    ``(g) Cooperation of Covered Person With Federal Government.--
            ``(1) In general.--This section applies with respect to a 
        covered person only if the person cooperates with the United 
        States in the processing and defense of the claim or action 
        involved.
            ``(2) Consequences of failure to cooperate.--Upon the 
        motion of the United States or any other party and upon finding 
        that a covered person has failed to cooperate within the 
        meaning of paragraph (1)--
                    ``(A) the court shall substitute such person as the 
                party defendant in place of the United States and, upon 
                motion, shall remand any such suit to the court in 
                which it was instituted if it appears that the court 
                lacks subject matter jurisdiction;
                    ``(B) the United States shall not be liable based 
                on the acts or omissions of such person; and
                    ``(C) the Attorney General shall not be obligated 
                to defend such action.
    ``(h) Recourse Against Covered Person in Case of Gross Misconduct 
or Contract Violation.--
            ``(1) In general.--Should payment be made by the United 
        States to any claimant bringing a claim pursuant to this 
        section, either by way of administrative determination, 
        settlement, or court judgment, the United States shall have, 
        notwithstanding any provision of State law, the right to 
        recover for that portion of the damages so awarded or paid, as 
        well as interest and any costs of litigation, resulting from 
        the failure of any covered person to carry out any obligation 
        or responsibility assumed by such person under a contract with 
        the United States or from any grossly negligent, reckless, or 
        illegal conduct or willful misconduct on the part of such 
        person.
            ``(2) Venue.--The United States may bring an action 
        pursuant to paragraph (1) against such person in the judicial 
        district of the United States in which such person resides or 
        has its principal place of business.''.

SEC. 102. ADDITIONAL FUNDING FOR VARIOUS PROGRAMS AND ACTIVITIES 
              RELATING TO SEASONAL AND PANDEMIC INFLUENZA.

    (a) In General.--With respect to influenza, there is authorized to 
be appropriated, as described in subsections (b) and (c), a total of 
$1,975,000,000 in addition to amounts otherwise authorized to be 
appropriated.
    (b) Fiscal Year 2006.--In addition to amounts otherwise authorized 
to be appropriated for fiscal year 2006 for the following programs and 
activities, there are authorized to be appropriated for such fiscal 
year for such programs and activities the following amounts:
            (1) For seasonal influenza vaccine, $465,000,000, to remain 
        available until expended, subject to providing for 15,000,000 
        doses in fiscal year 2006 and increasing to 35,000,000 doses in 
        fiscal year 2008.
            (2) For removing the unfunded mandate on States for 
        purchasing anti-virals, $510,000,000, to remain available until 
        expended.
            (3) For funding for States and local governments for 
        pandemic influenza planning activities, $200,000,000, to remain 
        available until expended.
            (4) For an international effort lead by the United States 
        to detect and contain an influenza pandemic, $500,000,000, to 
        remain available until expended.
    (c) Fiscal Years 2006 Through 2010.--In addition to amounts 
otherwise authorized to be appropriated for fiscal years 2006 through 
2010 for States and local governments to restore preparedness grants, 
to increase the capacity to provide immunizations against influenza, 
and to develop surge capacity in medical facilities, there is 
authorized to be appropriated for such purposes $300,000,000 for each 
of the fiscal years 2006 through 2010.
    (d) Vaccine Compensation Program Regarding Pandemic Influenza.--For 
compensation under part B of subtitle 3 of title XXI of the Public 
Health Service (as added by section 101 of this Act), amounts are 
available as provided in section 2153 of such part.

SEC. 103. ACCOUNTABILITY.

    (a) Annual Reports to Congress.--Subject to subsection (b), the 
Secretary shall annually submit to the Congress a report that provides 
information on the following with respect to pandemic influenza 
preparedness:
            (1) Progress on the implementation of the HHS Pandemic 
        Influenza Plan (issued by the Secretary in November 2005).
            (2) Actions of the Secretary to coordinate the provision of 
        technical assistance across Federal agencies and State and 
        local governments.
            (3) Outreach and education campaigns conducted by the 
        Secretary for businesses, health care providers, and the 
        public.
            (4) Actions of the Secretary to address supply-chain 
        issues.
            (5) The extent to which the HHS Pandemic Influenza Plan has 
        been directed toward traditionally underserved populations, 
        including low-income, racial and ethnic minorities, immigrants, 
        and uninsured populations.
            (6) Any deficiencies in such Plan that have been identified 
        by the Comptroller General of the United States under 
        subsection (e).
    (b) Plan for Education of Health Professionals Regarding Vaccine; 
Postimmunization Follow-Up and Surveillance.--The first report under 
subsection (a) shall be submitted not later than 90 days after the date 
of the enactment of this Act. Such first report shall include the 
following plans with respect to a vaccine against pandemic influenza:
            (1) With respect to health professionals who will 
        administer the vaccine, a plan to educate the professionals on 
        the known or suspected complications of the vaccine, side 
        effects of the vaccine, and precautions regarding the vaccine. 
        Such plan shall include the following:
                    (A) Education on--
                            (i) the locations at which individuals 
                        should seek postimmunization follow-up medical 
                        care for adverse health conditions that may be 
                        associated with the vaccine; and
                            (ii) obtaining compensation for injuries 
                        from the vaccine through the National Vaccine 
                        Injury Compensation Program under subtitle 2 of 
                        title XXI of the Public Health Service Act, or 
                        through the compensation program under part B 
                        of subtitle 3 of such title (as added by 
                        section 101 of this Act), as the case may be.
                    (B) Provisions for updating the educational content 
                of the plan pursuant to information from 
                postimmunization surveillance described in paragraph 
                (2).
            (2) A plan for postimmunization surveillance. Such plan 
        shall include provisions for the surveillance and reporting of 
        the health effects of the vaccine, and a statement of whether 
        such activities will include personal interviews and follow-up 
        health screenings.
            (3) A plan for determining the populations for which the 
        vaccine is contraindicated and for determining prescreening 
        recipients of the vaccine, and for disseminating such 
        information, including a specification of the means of 
        dissemination. Such plan shall include information on the 
        implementation of confidential methods of prescreening to be 
        used by health professionals to determine if a potential 
        vaccine recipient is a member of such a population.
    (c) Poultry Workers.--
            (1) In general.--Not later than 30 days after the date of 
        the enactment of this Act, the Secretary of Health and Human 
        Services, in coordination with the Secretary of Agriculture, 
        the Secretary of Interior, and the Secretary of Labor, shall 
        convene a meeting of experts, representatives of the poultry 
        industry, representatives of poultry workers and other 
        appropriate parties to evaluate the risks to poultry workers 
        posed by exposure to the H5N1 virus, the likelihood of 
        transmission of the virus from birds to poultry workers and the 
        necessary measures to protect poultry workers from exposure.
            (2) Revision of preparedness plan.--Not later than 30 days 
        after the meeting under paragraph (1), the Secretary shall 
        revise the HHS Pandemic Influenza Plan to include the findings 
        and recommendations of the participants in the meeting.
            (3) Implementation of recommendations.--The Secretary of 
        Health and Human Services, Secretary of Agriculture, the 
        Secretary of Interior, and the Secretary of Labor shall take 
        the recommended steps to implement the recommendations of the 
        participants in the meeting under paragraph (1).
    (d) Annual Budget Request.--The Secretary shall annually submit to 
the Congress a budget request related to the National Pandemic 
Influenza Preparedness Plan.
    (e) Biannual GAO Reports.--
            (1) In general.--The Comptroller General of the United 
        States shall, on an biannual basis, submit to the Congress and 
        the Secretary a report concerning the HHS Pandemic Influenza 
        Plan.
            (2) Requirements.--At a minimum, each report under 
        paragraph (1) shall evaluate the ability of the HHS Pandemic 
        Influenza Plan to--
                    (A) address the organizational structure and chain 
                of command, both in the Federal government and at the 
                State level;
                    (B) ensure adequate laboratory surveillance of 
                influenza, including the ability to isolate and subtype 
                influenza viruses year round;
                    (C) improve vaccine research, development, and 
                production;
                    (D) procure adequate doses of anti-virals for 
                treatment;
                    (E) develop systems for tracking and distributing 
                anti-viral medication and vaccines;
                    (F) prioritize who would receive anti-virals and 
                vaccines based on limited supplies;
                    (G) stockpile medical and safety equipment for 
                health care workers and first responders;
                    (H) assure surge capacity capabilities for health 
                care providers and institutions;
                    (I) secure a backup health care workforce in the 
                event of a pandemic;
                    (J) ensure the availability of food, water, and 
                other essential items during a pandemic;
                    (K) provide guidance on needed State and local 
                authority to implement public health measures such as 
                isolation or quarantine;
                    (L) maintain core public functions, including 
                public utilities, refuse disposal, mortuary services, 
                transportation, police and firefighter services, and 
                other critical services;
                    (M) establish networks that provide alerts and 
                other information for health care providers;
                    (N) communicate with the public with respect to 
                prevention and obtaining care during a pandemic; and
                    (O) provide security for first responders and other 
                medical personnel and volunteers, hospitals, treatment 
                centers, isolation and quarantine areas, and 
                transportation and delivery of resources.

SEC. 104. GRANTS TO IMPROVE STATE, LOCAL, AND HOSPITAL PREPAREDNESS FOR 
              AND RESPONSE TO PUBLIC HEALTH EMERGENCIES; STATE PANDEMIC 
              INFLUENZA PREPAREDNESS PLANS.

    (a) Authorization of Appropriations.--Section 319C-1(j)(1)(B) of 
the Public Health Service Act (42 U.S.C. 247d-3a(j)(1)(B)) is amended 
by striking ``For the purpose of carrying out this section,'' and 
inserting the following: ``For the purpose of carrying out this 
section, including preparing for and responding to pandemic 
influenza,''; and
    (b) State Pandemic Influenza Preparedness Plans.--Section 319C-1 of 
the Public Health Service Act (42 U.S.C. 247d-3a), as amended by 
subsection (a) of this section, is amended--
            (1) by redesignating subsections (i) and (j) as subsections 
        (j) and (k), respectively; and
            (2) by inserting after subsection (h) the following 
        subsection:
    ``(i) Pandemic Influenza; State Preparedness Plan.--
            ``(1) In general.--As a condition of receiving an award 
        under subsection (a), the State involved shall--
                    ``(A) designate an official or office as 
                responsible for pandemic influenza preparedness;
                    ``(B) submit to the Director of the Centers for 
                Disease Control and Prevention a Pandemic Influenza 
                Preparedness Plan described under paragraph (2); and
                    ``(C) have such Preparedness Plan approved in 
                accordance with this subsection.
            ``(2) Preparedness plan.--
                    ``(A) In general.--The Pandemic Influenza 
                Preparedness Plan required under paragraph (1) shall 
                address--
                            ``(i) human and animal surveillance 
                        activities, including capacity for 
                        epidemiological analysis, isolation and 
                        subtyping of influenza viruses year-round, 
                        including for avian influenza among domestic 
                        poultry, and reporting of information across 
                        human and veterinary sectors;
                            ``(ii) methods to ensure surge capacity in 
                        hospitals, laboratories, outpatient health care 
                        provider offices, medical suppliers, and 
                        communication networks;
                            ``(iii) assisting the recruitment and 
                        coordination of national and State volunteer 
                        banks of health care professionals;
                            ``(iv) distribution of vaccines, anti-
                        virals, and other treatments to priority 
                        groups, and monitor effectiveness and adverse 
                        events;
                            ``(v) networks that provide alerts and 
                        other information for health care providers and 
                        organizations at the National, State, and 
                        regional level;
                            ``(vi) communication with the public with 
                        respect to prevention and obtaining care during 
                        pandemic influenza;
                            ``(vii) maintenance of core public 
                        functions, including public utilities, refuse 
                        disposal, mortuary services, transportation, 
                        police and firefighter services, and other 
                        critical services;
                            ``(viii) provision of security for--
                                    ``(I) first responders and other 
                                medical personnel and volunteers;
                                    ``(II) hospitals, treatment 
                                centers, and isolation and quarantine 
                                areas;
                                    ``(III) transport and delivery of 
                                resources, including vaccines, 
                                medications and other supplies; and
                                    ``(IV) other persons or functions 
                                as determined appropriate by the 
                                Secretary;
                            ``(ix) the acquisition of necessary legal 
                        authority for pandemic activities;
                            ``(x) integration with existing national, 
                        State, and regional bioterrorism preparedness 
                        activities or infrastructure;
                            ``(xi) coordination among public and 
                        private health sectors with respect to health 
                        care delivery, including mass vaccination and 
                        treatment systems, during pandemic influenza; 
                        and
                            ``(xii) coordination with Federal pandemic 
                        influenza preparedness activities.
                    ``(B) Underserved populations.--The Pandemic 
                Influenza Preparedness Plan required under paragraph 
                (1) shall include a specific focus on surveillance, 
                prevention, and medical care for traditionally 
                underserved populations, including low-income, racial 
                and ethnic minority, immigrant, and uninsured 
                populations.
            ``(3) Approval of state plan.--
                    ``(A) In general.--The Secretary shall develop 
                criteria to rate State Pandemic Influenza Preparedness 
                Plans required under paragraph (1) and determine the 
                minimum rating needed for approval.
                    ``(B) Timing of approval.--Not later than 90 days 
                after a State submits a State Pandemic Influenza 
                Preparedness Plan as required under paragraph (1), the 
                Secretary shall make a determination regarding approval 
                of such Plan.
            ``(4) Reporting of state plan.--All Pandemic Influenza 
        Preparedness Plans submitted and approved under this section 
        shall be made available to Congress, State officials, and the 
        public as determined appropriate by the Secretary.
            ``(5) Assistance to states.--The Secretary, acting through 
        the Director of the Centers for Disease Control and Prevention 
        and the Administrator of the Health Resources and Services 
        Administration, may provide assistance to States in carrying 
        out this subsection, or implementing an approved State Pandemic 
        Influenza Preparedness Plan, which may include the detail of an 
        officer to approved domestic pandemic sites or the purchase of 
        equipment and supplies.
            ``(6) Waiver.--The Secretary may grant a temporary waiver 
        of 1 or more of the requirements under this subsection.''.

SEC. 105. PARTNERSHIPS FOR COMMUNITY AND HOSPITAL PREPAREDNESS.

    Section 319C-2(i) of the Public Health Service Act (42 U.S.C. 247d-
4(i)) is amended by striking ``For the purpose of carrying out this 
section,'' and inserting the following: ``For the purpose of carrying 
out this section, including preparing for pandemic influenza,''; and

SEC. 106. PURCHASE OF UNSOLD DOSES OF SEASONAL VACCINES.

    (a) Producer-Specific Negotiation on Supply for Season.--In the 
case of influenza vaccine and each other periodic-change vaccine, the 
Secretary shall, for each applicable vaccine season, negotiate with 
each producer of the vaccine to reach an agreement on the number of 
doses of the vaccine that the producer will manufacture for such 
season. The Secretary is not required under the preceding sentence to 
enter into such an agreement with any producer.
    (b) Purchase of Percentage of Unsold Doses.--With respect to the 
number of doses of a periodic-change vaccine manufactured for an 
applicable vaccine season by a producer in accordance with an agreement 
under subsection (a), the Secretary shall purchase from the producer 50 
percent of such doses that are unsold for the season.
    (c) Price Per Dose.--
            (1) Average sales price.--Subject to paragraph (2), the 
        price per dose paid by the Secretary in a purchase of periodic-
        change vaccine under subsection (b) shall be the average sales 
        price for the vaccine for the applicable vaccine season, as 
        determined by the Secretary.
            (2) Audits; adjustments.--The Secretary may enter into an 
        agreement under subsection (a) with a producer regarding a 
        periodic-change vaccine only if the agreement includes a 
        provision that permits the Secretary to conduct audits of sales 
        of such vaccine at wholesale by the producer. The average sales 
        price determined under paragraph (1) for a dose of the vaccine 
        for an applicable vaccine season shall be adjusted by the 
        Secretary as determined necessary by the Secretary on the basis 
        of such audits and on the basis of any other information 
        available to the Secretary on sales of the vaccine at 
        wholesale.
    (d) Definitions.--For purposes of this section:
            (1) The term ``approved vaccine'' means a vaccine for which 
        a biologics license under section 351 is in effect.
            (2)(A) The term ``federally recommended vaccine'', with 
        respect to an adult, means an approved vaccine recommended by 
        the Advisory Committee on Immunization Practices (an advisory 
        committee established by the Secretary, acting through the 
        Director of the Centers for Disease Control and Prevention).
            (B) The term ``federally recommended vaccine'', with 
        respect to a child, means a vaccine on the list referred to in 
        section 1928(e) of the Social Security Act.
            (3) The term ``periodic-change vaccine'' means a federally 
        recommended vaccine that is designed only for a single 
        applicable vaccine season due to characteristics of the 
        etiologic agent or agents for the disease involved, or due to 
        characteristics of the vaccine, that adversely affect the 
        extent to which the vaccine is safe and effective after such 
        season. Such term includes influenza vaccine.
            (4) The term ``producer'' means a person who--
                    (A) manufactures an approved vaccine; or
                    (B) who intends to manufacture such a vaccine and 
                is determined by the Secretary to have the capacity to 
                meet legal requirements applicable to such 
                manufacturing.
            (5)(A) The term ``vaccine season'', with respect to a 
        periodic-change vaccine, means a consecutive number of months, 
        not exceeding 24 months, during which the Secretary recommends 
        that the public in general, or particular populations, as the 
        case may be, receive immunizations against the disease 
        involved.
            (B) The term ``applicable vaccine season'', with respect to 
        a periodic-change vaccine, means the vaccine season that is 
        applicable to such vaccine.
    (e) Direct Spending.--The requirement under subsection (b) that the 
Secretary make purchases of doses of periodic-change vaccine 
constitutes budget authority in advance of appropriations Acts, and 
represents the obligation of the United States to make outlays for such 
purchases in accordance with this subsection.

SEC. 107. SURVEILLANCE.

    (a) Domestic Surveillance.--
            (1) In general.--The Secretary, in coordination with the 
        Secretary of Agriculture, shall establish minimum thresholds 
        for States with respect to adequate surveillance for pandemic 
        influenza, including possible pandemic avian influenza.
            (2) Assistance to states.--
                    (A) In general.--The Secretary, in coordination 
                with the Secretary of Agriculture, shall provide 
                assistance to States and regions to meet the minimum 
                thresholds established under paragraph (1).
                    (B) Types of assistance.--Assistance provided to 
                States under subparagraph (A) may include--
                            (i) the establishment or expansion of State 
                        surveillance and alert systems, including the 
                        Sentinel Physician Surveillance System and 122 
                        Cities Mortalities Report System;
                            (ii) the provision of equipment and 
                        supplies;
                            (iii) support for epidemiological analysis 
                        and investigation of novel strains;
                            (iv) the sharing of biological specimens 
                        and epidemiological and clinical data within 
                        and across States; and
                            (v) other activities determined appropriate 
                        by the Secretary.
            (3) Detail of officers.--The Secretary may detail officers 
        to States for technical assistance as needed to carry out this 
        subsection.
    (b) Private Sector Involvement.--
            (1) In general.--The Secretary, acting through the Director 
        of the Centers for Disease Control and Prevention and the 
        Administrator of the Health Resources and Services 
        Administration, and in coordination with private sector 
        entities, shall integrate and coordinate public and private 
        influenza surveillance activities, as appropriate.
            (2) Grant program.--
                    (A) In general.--In carrying out the activities 
                under paragraph (1), the Secretary may establish a 
                grant program, or expand existing grant programs, to 
                provide funding to eligible entities to coordinate or 
                integrate as appropriate, pandemic preparedness 
                surveillance activities between States and private 
                health sector entities, including hospitals, health 
                plans, and other health systems.
                    (B) Eligibility.--To be eligible to receive a grant 
                under subparagraph (A), an entity shall submit an 
                application at such time, in such manner, and 
                containing such information as the Secretary may 
                require.
                    (C) Use of funds.--Funds under a grant under 
                subparagraph (A) may be used to--
                            (i) develop and implement surveillance 
                        protocols for patients in outpatient and 
                        hospital settings;
                            (ii) establish a communication alert plan 
                        for patients for reportable signs and symptoms 
                        that may suggest influenza;
                            (iii) plan for the vaccination of 
                        populations and, if appropriate, dissemination 
                        of anti-viral drugs;
                            (iv) purchase necessary equipment and 
                        supplies;
                            (v) increase laboratory testing and 
                        networking capacity;
                            (vi) conduct epidemiological and other 
                        analyses; or
                            (vii) report and disseminate data.
                    (D) Detail of officers.--The Secretary may detail 
                officers to grantees under subparagraph (A) for 
                technical assistance.
                    (E) Requirement.--As a condition of receiving a 
                grant under subparagraph (A), a State shall have a plan 
                to meet minimum thresholds for State influenza 
                surveillance established by the Director of the Centers 
                for Disease Control and Prevention in coordination with 
                the Secretary of Agriculture under subsection (b).

SEC. 108. GLOBAL NETWORK FOR AVIAN INFLUENZA SURVEILLANCE.

    (a) Purpose.--The purpose of this section is to establish a Global 
Network for Avian Influenza Surveillance--
            (1) to more rapidly and efficiently detect, verify, and 
        report on the presence of infectious diseases, such as highly 
        pathogenic avian influenza, in migratory birds and resident 
        waterfowl around the world;
            (2) to use information on viral strains found during 
        surveillance of wild birds to better delineate any mutations in 
        the virus that may be detectable within wild bird populations;
            (3) to use information on when and where HPAI and other 
        pathogens of concern are identified in migratory birds--
                    (A) to better guide preparedness in the United 
                States and around the world; and
                    (B) to carry out a comprehensive migratory bird 
                disease surveillance initiative that will provide 
                regions, countries, and specific locations with early 
                warning information that will help target resources 
                toward enhancement of poultry biosecurity and 
                surveillance, heightened public health vigilance, and 
                related areas;
            (4) to create an open access database within which 
        information on HPAI and other pathogens of interest identified 
        in migratory birds can be shared as close to real time as 
        possible;
            (5) to protect the health and safety of United States 
        citizens and officials traveling or living abroad; and
            (6) to protect the economic interests of the United States 
        and its partners from threats to health, agriculture, and 
        natural resources.
    (b) Definitions.--In this section:
            (1) Eligible organization.--The term ``eligible 
        organization'' means a nongovernmental wildlife conservation 
        organization chartered in the United States with--
                    (A) extensive global wildlife health experience in 
                tracking disease in wild birds, including free-ranging, 
                captive, and wild bird species;
                    (B) proven ability in identifying avian influenza 
                in wild birds; and
                    (C) accredited zoological facilities in the United 
                States.
            (2) GNAIS.--The term ``GNAIS'' means the Global Network for 
        Avian Influenza Surveillance established under subsection 
        (c)(1).
            (3) GNAIS partners.--The term ``GNAIS partners'' means the 
        partners of the GNAIS described in subsection (c)(2).
            (4) HPAI.--The term ``HPAI'' means highly pathogenic avian 
        influenza.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services, acting--
                    (A) through the Influenza Branch of the Centers for 
                Disease Control and Prevention; and
                    (B) in partnership with an eligible organization.
    (c) Global Network for Avian Influenza Surveillance.--
            (1) Establishment.--Not later than 90 days after the date 
        of enactment of this Act, the Secretary shall offer to enter 
        into a contract with 1 or more eligible organizations to 
        establish a Global Network for Avian Influenza Surveillance.
            (2) Partners.--In administering the GNAIS, the Secretary 
        and the eligible organization shall collaborate with 
        appropriate--
                    (A) Federal and State agency partners, including--
                            (i) the Department of Agriculture, acting 
                        through--
                                    (I) the Agricultural Research 
                                Service; and
                                    (II) the Animal and Plant Health 
                                Inspection Service;
                            (ii) the Department of the Interior, acting 
                        through--
                                    (I) the United States Geological 
                                Survey; and
                                    (II) the United States Fish and 
                                Wildlife Service; and
                            (iii) various State wildlife agencies in 
                        the United States;
                    (B) multilateral agency partners, including--
                            (i) the Food and Agriculture Organization;
                            (ii) the World Health Organization;
                            (iii) the Office International des 
                        Epizooties, the world animal health 
                        organization; and
                            (iv) the World Conservation Union;
                    (C) conservation organizations with expertise in 
                international and domestic bird monitoring and 
                surveillance;
                    (D) accredited colleges of veterinary medicine; and
                    (E) other national and international partners, as 
                necessary.
            (3) International surveillance.--The eligible organization, 
        in coordination with the Influenza Branch of the Centers for 
        Disease Control and Prevention, shall manage an international 
        surveillance program under which Federal GNAIS partners shall, 
        and non-Federal GNAIS partners are encouraged to--
                    (A) monitor and test for the presence or arrival of 
                avian influenza and other significant avian pathogens 
                at important bird areas around the world and in 
                marketplaces with intense trade in wild birds;
                    (B) use trained professionals to collect samples 
                and other data and send samples to appropriate 
                diagnostic centers;
                    (C) use the GNAIS, in partnership with relevant 
                agencies and organizations, for conducting--
                            (i) disease surveillance activities on 
                        migratory birds worldwide;
                            (ii) domestic and international field 
                        investigations on migratory birds;
                            (iii) training and capacity-building 
                        activities related to the relationships between 
                        human health, domestic animal health, and 
                        wildlife health; and
                            (iv) research on methods and approaches for 
                        detection and enhanced surveillance of HPAI and 
                        other pathogens in migratory birds; and
                    (D) send samples for avian influenza testing to 
                certified laboratories that--
                            (i) meet internationally established 
                        methods standards;
                            (ii) are located at--
                                    (I) the Influenza Branch of the 
                                Centers for Disease Control and 
                                Prevention;
                                    (II) the Office International des 
                                Epizooties, the world animal health 
                                organization;
                                    (III) the Food and Agriculture 
                                Organization;
                                    (IV) National Veterinary Services 
                                Laboratories of the Department of 
                                Agriculture; or
                                    (V) the Agricultural Research 
                                Service; and
                            (iii) report the findings back to the 
                        eligible organization and GNAIS partners.
            (4) Network.--
                    (A) Partners.--Federal GNAIS partners shall, and 
                non-Federal GNAIS partners are encouraged to, transmit 
                information related to global distribution and 
                characteristics of avian influenza to the Secretary 
                acting through the eligible organization.
                    (B) Administration.--The Secretary, acting through 
                the eligible organization, shall--
                            (i) use surveillance reports and other 
                        formal and informal sources of information to 
                        identify and investigate local disease 
                        outbreaks of avian influenza, in coordination 
                        with GNAIS partners;
                            (ii) develop a long-term baseline of 
                        regional data related to HPAI and pathogens in 
                        migratory birds for analysis between and across 
                        sites to create a system to identify when and 
                        where outbreaks might occur and paths of 
                        dispersal;
                            (iii) provide technical assistance for 
                        disease prevention and control programs based 
                        on scientific understanding of the 
                        relationships between wildlife health, domestic 
                        animal health, and human health;
                            (iv) provide analytical disease findings 
                        regularly to the Influenza Branch of the 
                        Centers for Disease Control and Prevention and 
                        other Federal GNAIS partners to prevent or 
                        combat human diseases;
                            (v) conduct other activities as are 
                        necessary to support the GNAIS network and 
                        GNAIS partners; and
                            (vi) coordinate GNAIS surveillance results 
                        at the headquarters of the eligible 
                        organization.
            (5) Database.--
                    (A) In general.--The Secretary, acting through the 
                eligible organization, shall manage, map, and make 
                available on a database on the Internet all results and 
                information gathered under this section.
                    (B) Requirements.--The database shall--
                            (i) provide geographic data on wild bird 
                        populations and the movements of the 
                        populations and laboratory test results; and
                            (ii) be available for viewing by any 
                        Federal agency, foreign country, multilateral 
                        institution, organization, or individual.
            (6) Training.--The Secretary shall request accredited 
        colleges of veterinary medicine and other GNAIS partners to 
        train members of the GNAIS network to--
                    (A) monitor important bird areas around the world; 
                and
                    (B) test for the presence or arrival of avian 
                influenza and other significant avian pathogens of 
                zoonotic concern.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $10,000,000 for each of the 
fiscal years 2006 through 2010.

SEC. 109. PROCUREMENTS FOR STRATEGIC NATIONAL STOCKPILE.

    For the purpose of preventing and treating pandemic influenza, the 
Secretary shall take immediate action to procure for the stockpile 
under section 319F-2 of the Public Health Service Act such quantities 
of anti-virals, vaccines, essential medications, and other supplies as 
the Secretary determines to be necessary.

SEC. 110. NATIONAL TRACKING AND DISTRIBUTION SYSTEM FOR VACCINES AND 
              ANTI-VIRALS.

    (a) In General.--The Secretary shall develop and implement a 
national system for the tracking and distribution of anti-viral 
medications and vaccines in order to prepare and respond to pandemic 
influenza.
    (b) System.--The system developed under paragraph (1) shall--
            (1) allow for the electronic tracking of all domestically 
        available anti-viral medication and vaccines for pandemic 
        influenza;
            (2) anticipate shortages, and alert officials if shortages 
        are expected in such medications and vaccines;
            (3) target distribution to high-risk groups, including 
        health professionals and relief personnel and other individuals 
        determined to be most susceptible to disease or death from 
        pandemic flu;
            (4) ensure equitable distribution, particularly across low-
        income and other underserved groups; and
            (5) integrate with existing State and local systems as 
        appropriate.

SEC. 111. PUBLIC EDUCATION AND AWARENESS CAMPAIGN.

    (a) In General.--The Director of the Centers for Disease Control 
and Prevention, in consultation with the United States Agency for 
International Development, the World Health Organization, the World 
Organization for Animal Health, and foreign countries, shall develop an 
outreach campaign with respect to public education and awareness of 
influenza and influenza preparedness.
    (b) Details of Campaign.--The campaign established under subsection 
(a) shall--
            (1) be culturally and linguistically appropriate for 
        domestic populations;
            (2) be adaptable for use in foreign countries;
            (3) target high-risk populations (those most likely to 
        contract, transmit, and die from influenza);
            (4) promote personal influenza precautionary measures and 
        knowledge, and the need for general vaccination, as 
        appropriate; and
            (5) describe precautions at the State and local level that 
        could be implemented during pandemic influenza, including 
        quarantine and other measures.

SEC. 112. HEALTH PROFESSIONAL TRAINING.

    The Secretary, directly or through contract, and in consultation 
with professional health and medical societies, shall develop and 
disseminate pandemic influenza training curricula--
            (1) to educate and train health professionals, including 
        physicians, nurses, public health practitioners, virologists 
        and epidemiologists, veterinarians, mental health providers, 
        allied health professionals, and paramedics and other first 
        responders;
            (2) to educate and train volunteer, non-medical personnel 
        whose assistance may be required during a pandemic influenza 
        outbreak; and
            (3) that address prevention, including use of quarantine 
        and other isolation precautions, pandemic influenza diagnosis, 
        medical guidelines for use of anti-virals and vaccines, and 
        professional requirements and responsibilities, as appropriate.

SEC. 113. RESEARCH AT NATIONAL INSTITUTES OF HEALTH.

    (a) In General.--The Director of the National Institutes of Health 
(referred to in this section as the ``Director of NIH''), in 
collaboration with the Director of the Centers for Disease Control and 
Prevention, and other relevant agencies, shall expand and intensify 
human and animal research, with respect to influenza, on--
            (1) vaccine development and manufacture, including 
        strategies to increase immunological response;
            (2) effectiveness of inducing heterosubtypic immunity;
            (3) antigen-sparing studies;
            (4) anti-virals, including minimal dose or course of 
        treatment and timing to achieve prophylactic or therapeutic 
        effect;
            (5) side effects and drug safety of vaccines and anti-
        virals in subpopulations;
            (6) alternative routes of delivery of vaccines, anti-
        virals, and other medications as appropriate;
            (7) more efficient methods for testing and determining 
        virus subtype;
            (8) protective measures;
            (9) modes of influenza transmission;
            (10) effectiveness of masks, hand-washing, and other non-
        pharmaceutical measures in preventing transmission;
            (11) improved diagnostic tools for influenza; and
            (12) other areas determined appropriate by the Director of 
        NIH.
    (b) Authorization of Appropriations.--For the purposes of carrying 
out subsection (a), there are authorized to be appropriated such sums 
as may be necessary for each of the fiscal years 2006 through 2010.

SEC. 114. RESEARCH AT CENTERS FOR DISEASE CONTROL AND PREVENTION.

    (a) In General.--The Director of the Centers for Disease Control 
and Prevention, in collaboration with other relevant agencies, shall 
expand and intensify research, with respect to influenza, on--
            (1) historical research on prior pandemics to better 
        understand pandemic epidemiology, transmission, protective 
        measures, high-risk groups, and other lessons that may be 
        applicable to future pandemic;
            (2) communication strategies for the public during pandemic 
        influenza, taking into consideration age, racial and ethnic 
        background, health literacy, and risk status;
            (3) changing and influencing human behavior as it relates 
        to vaccination;
            (4) development and implementation of a public, non-
        commercial and non-competitive broadcast system and person-to-
        person networks;
            (5) population-based surveillance methods to estimate 
        influenza infection rates and rates of outpatient illness;
            (6) vaccine effectiveness;
            (7) systems to monitor vaccination coverage levels and 
        adverse events from vaccination; and
            (8) other areas determined appropriate by the Director of 
        the Centers for Disease Control and Prevention.
    (b) Authorization of Appropriations.--For the purposes of carrying 
out subsection (a), there are authorized to be appropriated such sums 
as may be necessary for each of the fiscal years 2006 through 2010.

SEC. 115. COLLABORATION WITH NATIONAL SCIENCE FOUNDATION REGARDING 
              EFFECTIVE COMMUNICATION STRATEGIES.

    (a) In General.--The Secretary and the National Science Foundation 
shall collaborate to develop best practices and fund social science 
research toward developing effective communication strategies with 
respect to preparedness for and response to pandemic influenza.
    (b) Authorization of Appropriations.--For the purposes of carrying 
out subsection (a), there are authorized to be appropriated such sums 
as may be necessary for each of the fiscal years 2006 through 2010.

SEC. 116. FUNDS FOR INSPECTIONS OF MANUFACTURING FACILITIES; POSTMARKET 
              SAFETY.

    (a) Inspections.--With respect to facilities that manufacture 
influenza vaccine, there are authorized to be appropriated such sums as 
may be necessary for each of the fiscal years 2006 through 2010 for the 
purpose of providing additional funds to the Food and Drug 
Administration to conduct inspections of such facilities to determine 
whether the facilities are in compliance with regulations under section 
501 of the Federal Food, Drug, and Cosmetic Act (relating to 
adulteration). Such authorizations are in addition to other 
authorizations of appropriations that are available for such purpose.
    (b) Postmarket Safety.--For the purpose of providing additional 
funds to the Food and Drug Administration to carry out postmarket 
safety activities with respect to vaccines approved under section 351 
of the Public Health Service Act to prevent influenza, there are 
authorized to be appropriated such sums as may be necessary for each of 
the fiscal years 2006 through 2010. Such authorizations are in addition 
to other authorizations of appropriations that are available for such 
purpose.

SEC. 117. COORDINATION WITH DEPARTMENT OF HOMELAND SECURITY.

    Consistent with section 505(a) of the Homeland Security Act of 
2002, the Secretary of Health and Human Services shall collaborate with 
the Secretary of Homeland Security in developing and implementing a 
coordinated strategy for preparing for and responding to pandemic 
influenza, including carrying out such relevant activities under the 
National Response Plan (developed under Homeland Security Presidential 
Directive 5) as are consistent with such section 505(a).

SEC. 118. DEFINITION.

    For purposes of this title, the term ``Secretary'' means the 
Secretary of Health and Human Services, unless the context of usage 
indicates otherwise.

  TITLE II--PROTECTING HEALTH CARE WORKERS AND FIRST RESPONDERS FROM 
                           PANDEMIC INFLUENZA

SEC. 201. PREPAREDNESS AND RESPONSE.

    (a) In General.--The Secretary of Labor and the Secretary of Health 
and Human Services shall develop and issue workplace standards, 
recommendations and plans to protect health care workers and first 
responders, including police, firefighters, and emergency medical 
personnel from workplace exposure to pandemic influenza. Such 
standards, recommendations and plans shall set forth appropriate 
measures to protect workers both in preparation for a potential 
pandemic influenza occurrence and in response to an actual occurrence 
of pandemic influenza.
    (b) Workplace Safety and Health Standards.--
            (1) In general.--Within 6 months after the date of the 
        enactment of this Act, pursuant to section 6(c) of the 
        Occupational Safety and Health Act, the Secretary of Labor, in 
        consultation with the Director of the National Institute for 
        Occupational Safety and Health, shall develop and issue an 
        emergency temporary standard for the protection of health care 
        workers and first responders against occupational exposure to 
        pandemic influenza, including avian influenza caused by the 
        H5N1 virus. Within 6 months after the issuance of an emergency 
        standard, the Secretary of Labor shall issue a final permanent 
        standard for occupational exposure to pandemic influenza under 
        section 6(b) of the Occupational Safety and Health Act. The 
        emergency temporary standard and final permanent standard shall 
        provide, at a minimum, for the following:
                    (A) The development and implementation of an 
                exposure control plan to protect workers from airborne 
                and contact hazards in conformance with the Guideline 
                for Protecting Workers Against Avian Flu issued by the 
                Occupational Safety and Health Administration March 
                2004, the Centers for Disease Control and Prevention 
                Interim Recommendations for Infection Control in 
                Health-Care Facilities Caring for Patients with Known 
                or Suspected Avian Influenza issued May 21, 2004, and 
                the World Health Organization (WHO) Global Influenza 
                Preparedness Plan issued April 2005.
                    (B) Personal protective equipment, in conformance 
                with the requirements of 29 CFR 1910.134 and 29 CFR 
                1910.132.
                    (C) Training and information in conformance with 
                the OSHA Bloodborne Pathogens standard under 29 CFR 
                1910.1030(g).
                    (D) Appropriate medical surveillance for workers 
                exposed to the pandemic influenza virus, including the 
                H5N1 virus.
                    (E) Immunization against the pandemic influenza 
                virus, if such a vaccine has been approved by the Food 
                and Drug Administration and is available.
            (2) Effective date.--The emergency standard issued under 
        paragraph (1) shall take effect not later than 90 days after 
        the promulgation of such standard, except that the effective 
        date for any requirements for engineering controls shall go 
        into effect not later than 90 days after the promulgation of 
        the final permanent standard. The provisions of the emergency 
        temporary standard shall remain in effect until the final 
        permanent standard is in effect.
    (c) Pandemic Influenza Preparedness Plan Revisions.--
            (1) Minimal requirements.--Within 30 days after the date of 
        the enactment of this Act, the Secretary of Health and Human 
        Services shall revise the provisions of the pandemic influenza 
        plan of the Department of Health and Human Services to conform 
        with the minimal worker protection requirements set forth in 
        subsection (b).
            (2) Final standard.--Within 30 days of the promulgation of 
        a final standard under subsection (b), the Secretary of Health 
        and Human Services shall modify the pandemic influenza plan of 
        the Department of Health and Human Services to conform with the 
        provisions of the occupational safety and health standard 
        issued by the Secretary of Labor.

SEC. 202. RELATION TO STATES AND POLITICAL SUBDIVISIONS RECEIVING FUNDS 
              UNDER TITLE I.

    An award of a grant, cooperative agreement, or contract may not be 
made to any State or political subdivision of a State under any program 
receiving funds under title I or any program amended by such title 
unless the State or political subdivision agrees to comply with the 
standards issued under section 201 for protecting health care workers 
and first responders from pandemic influenza.

TITLE III--INTERNATIONAL ASSISTANCE TO COMBAT THE AVIAN INFLUENZA VIRUS

SEC. 301. FINDINGS.

    Congress makes the following findings:
            (1) The H5N1 strain of the avian influenza virus is now 
        endemic in parts of Southeast Asia, where Cambodia, Indonesia, 
        Laos, and Thailand are the worst-affected countries.
            (2) More than 150 million birds, mostly chickens, have died 
        or been culled as a result of the avian influenza virus and 
        losses to the farmers are estimated to be in excess of 
        $10,000,000,000. Sixty-three out of 124 humans who have been 
        infected with the virus have died since December 2003.
            (3) Despite control measures, the avian influenza virus 
        continues to spread and raise serious public health concerns at 
        the global level.
            (4) Farmers have faced economic hardships as a result of 
        the avian influenza virus as they have had to sacrifice their 
        infected flocks for slaughter, as well as dealing with consumer 
        anxiety about the safety of eating chickens or eggs.
            (5) The major world animal and human health organizations, 
        such as the World Health Organization (WHO) and the Food and 
        Agricultural Organization (FAO), have developed a global 
        strategy and regional and country-specific plans to minimize 
        the global threat of the avian influenza virus to humans and to 
        domestic poultry and other animal populations through the 
        control and gradual eradication of the virus.
            (6) Experts are concerned about the spread of the avian 
        influenza virus to countries with a high prevalence of HIV/
        AIDS, particularly countries of sub-Saharan Africa, as it will 
        be difficult to single out the symptoms of the avian influenza 
        virus in people living with HIV/AIDS. The avian influenza virus 
        is already prevalent in Asia which is home to the second 
        largest number of people living with HIV/AIDS in the world.
            (7) Scientists warn that the avian influenza virus could 
        easily mutate into a more easily transferable form, which might 
        trigger an international human pandemic influenza.
            (8) In the Emergency Supplemental Appropriations Act for 
        Defense, the Global War on Terror, and Tsunami Relief, 2005 
        (Public Law 109-13), Congress approved $25,000,000 in emergency 
        funding for a coordinated international program to prevent and 
        control the spread of the avian influenza virus.
            (9) In September 2005, the Government of the United States 
        announced the International Partnership on Avian and Pandemic 
        Influenza, the aim of which is to combat the threat of the 
        avian influenza virus and improve global readiness by elevating 
        the issue on national agendas, coordinating efforts among donor 
        and affected nations, mobilizing and leveraging resources, 
        increasing transparency and the quality of surveillance, and 
        building local capacity to identify, contain, and respond to 
        the virus.
            (10) The World Bank, comprised of the International Bank 
        for Reconstruction and Development (IBRD) and the International 
        Development Association (IDA), determined that the financial 
        needs of countries affected by the avian influenza virus will 
        potentially reach $1,000,000,000 over the next three years. 
        This figure does not include, however, financing for human or 
        animal vaccine development, anti-viral medicines, or 
        compensating farmers for loss of income due to animals that 
        have been culled, all of which could potentially double the 
        financial needs of the affected countries to combat the virus.
            (11) On November 1, 2005, the Administration requested 
        $251,000,000 to detect and contain outbreaks of avian influenza 
        virus before the outbreaks spread around the world.
            (12) On November 7, 2005, the World Health Organization, 
        the Food and Agricultural Organization, the World Organization 
        for Animal Health, and the World Bank convened a meeting on the 
        avian influenza virus and human pandemic influenza and set out 
        key action steps to respond to the threat of the avian 
        influenza virus.
            (13) At this meeting, member states of these organizations 
        agreed to improve surveillance of the avian influenza virus, 
        support and train for rapid containment of the virus, assist 
        countries in controlling the virus in animal populations, 
        improve preparedness for human pandemic influenza, develop 
        integrated national plans, and support factual and transparent 
        communications, including risk communications. The participants 
        also agreed on the urgent need for financing of these 
        activities.

SEC. 302. BILATERAL ASSISTANCE.

    (a) Authorization.--The Secretary of State, in consultation and 
coordination with the Administrator of the United States Agency for 
International Development and the heads of other relevant departments 
and agencies of the Government of the United States, is authorized to 
provide assistance, on such terms and conditions as the Secretary may 
determine, to foreign countries to combat the avian influenza virus. 
The Secretary may provide assistance under this section notwithstanding 
any provision of law that restricts assistance to foreign countries.
    (b) Activities Supported.--Assistance provided under subsection (a) 
shall, to the maximum extent practicable, be used to--
            (1) develop national and regional early warning systems for 
        outbreaks and incidence of the avian influenza virus;
            (2) improve institutional capacity in the health sector to 
        respond to outbreaks of the avian influenza virus, including 
        strengthening animal and human disease surveillance, 
        monitoring, and laboratory diagnosis, training and equipping 
        rapid response teams, and encouraging national and local 
        governments to provide incentives for reporting of possible 
        animal or human cases of the avian influenza virus;
            (3) strengthen veterinary systems and expand culling 
        programs for animals;
            (4) assist national and local governments in rapid 
        containment of outbreaks of the avian influenza virus in 
        animals in conjunction with international and regional 
        organizations;
            (5) assist in the development of national and regional 
        animal and human health preparedness plans;
            (6) implement public information and communication plans in 
        animal husbandry and public recognition of human pandemic 
        influenza;
            (7) support the health component of United States embassies 
        and missions;
            (8) develop and support evacuation contingency plans in 
        countries in which human pandemic influenza has been detected;
            (9) assist national and local governments in providing 
        compensation to farmers for culling of animals and incentives 
        for reporting cases of the avian influenza virus;
            (10) expand emergency anti-viral stockpiles for the avian 
        influenza virus;
            (11) strengthen educational and cultural exchanges for 
        doctors, nurses, health administrators, and other health 
        officials to improve institutional knowledge for combating the 
        avian influenza virus and other infectious diseases;
            (12) leverage private sector resources to provide 
        incentives to farmers to report outbreaks of the avian 
        influenza virus and to national and local governments for 
        control efforts; and
            (13) support the role of civil society, nongovernmental 
        organizations, and other community groups in the development of 
        public information campaigns with respect to the avian 
        influenza virus.

SEC. 303. MULTILATERAL ASSISTANCE.

    (a) Authorization.--
            (1) In general.--The Secretary of State is authorized to 
        provide assistance to combat the avian influenza virus by 
        making voluntary contributions to the World Health 
        Organization, the Food and Agricultural Organization, the World 
        Organization for Animal Health, and other appropriate 
        international and regional organizations. The Secretary may 
        make voluntary contributions under this section notwithstanding 
        any provision of law that restricts voluntary contributions to 
        international organizations.
            (2) Limitation.--The amount of United States voluntary 
        contributions under paragraph (1) to an organization specified 
        in such paragraph for a calendar year may not exceed 33 percent 
        of the total amount of voluntary contributions by all countries 
        to the organization for the calendar year.
    (b) Activities Supported.--Assistance provided under subsection (a) 
shall, to the maximum extent practicable, be used to--
            (1) support the programs and activities of the Senior 
        United Nations System Coordinator for Avian and Human 
        Influenza;
            (2) support the programs and activities of the World Health 
        Organization to--
                    (A) provide direct support to foreign government 
                health agencies to provide human surveillance, increase 
                response capacity, and strengthen veterinary systems 
                with respect to the avian influenza virus;
                    (B) improve country level and regional planning and 
                coordination with respect to the avian influenza virus; 
                and
                    (C) develop standard operating procedures for rapid 
                deployment of anti-viral stockpiles to achieve early 
                containment of the avian influenza virus;
            (3) support the programs and activities of the Food and 
        Agricultural Organization to--
                    (A) improve diagnostics infrastructure and 
                operations for animal health; and
                    (B) provide direct support to foreign government 
                agriculture agencies for animal health planning and 
                commodities; and
            (4) support the programs and activities of other 
        appropriate international organizations with respect to the 
        avian influenza virus.

SEC. 304. ESTABLISHMENT OF MULTI-DONOR TRUST FUND.

    (a) In General.--The Secretary of the Treasury shall instruct the 
United States Executive Director at the International Bank for 
Reconstruction and Development to use the voice and vote of the United 
States to promote the establishment of a multi-donor trust fund to be 
administered by the International Bank for Reconstruction and 
Development with the specific aim of supporting country-level 
activities to combat the avian influenza virus.
    (b) Contribution Authority.--The Secretary of the Treasury may make 
contributions on behalf of the United States to a fund established and 
administered as described in subsection (a).
    (c) Funding.--The amounts appropriated under section 310 shall be 
available for contributions under subsection (b).

SEC. 305. COORDINATOR OF UNITED STATES ASSISTANCE TO COMBAT THE AVIAN 
              INFLUENZA VIRUS.

    (a) Designation.--The Secretary of State shall designate a 
coordinator of United States assistance to combat the avian influenza 
virus (hereafter in this section referred to as the ``coordinator'').
    (b) Duties.--The coordinator shall--
            (1) ensure policy and program coordination among the 
        relevant departments and agencies of the Government of the 
        United States of the provision of assistance to combat the 
        avian influenza virus in foreign countries at both the 
        department and agency level and the field operations level, 
        including by resolving policy and program disputes among such 
        departments and agencies with respect to the provision of such 
        assistance;
            (2) ensure proper administration and oversight by the 
        relevant departments and agencies of the Government of the 
        United States of the provision of assistance to combat the 
        avian influenza virus in foreign countries in accordance with 
        the country strategies developed pursuant to section 306;
            (3) ensure the provision of United States assistance to 
        combat the avian influenza virus in foreign countries is 
        coordinated with the early warning system established under 
        section 307;
            (4) ensure the coordination of the provision of United 
        States assistance to combat the avian influenza virus in 
        foreign countries with the provision of related assistance of 
        other countries and international and regional organizations, 
        including the United Nations and international financial 
        institutions; and
            (5) liaise with United States ambassadors and country teams 
        to ensure coordination and coherence at the field operations 
        level in the provision of United States assistance to combat 
        the avian influenza virus in foreign countries.
    (c) Rank and Status of Coordinator.--The coordinator designated 
under subsection (a) shall have the rank and status of ambassador.

SEC. 306. DESIGNATION OF HIGH RISK FOREIGN COUNTRIES AND DEVELOPMENT OF 
              COUNTRY STRATEGIES.

    (a) Designation of Countries and Development of Country 
Strategies.--The Secretary of State, acting through the coordinator, 
and in consultation with the Administrator of the United States Agency 
for International Development and the heads of other relevant 
departments and agencies of the Government of the United States, 
shall--
            (1) designate foreign countries that are at high risk for 
        outbreaks of the avian influenza virus based on data from the 
        relevant departments and agencies of the Government of the 
        United States, the World Health Organization, the Food and 
        Agricultural Organization, and other relevant international and 
        regional organizations, and civil society organizations; and
            (2) develop country strategies to prevent, mitigate, and 
        respond to outbreaks of the avian influenza virus in foreign 
        countries designated pursuant to paragraph (1).
    (b) Content of Country Strategies.--Each country strategy developed 
pursuant to subsection (a)(2) shall include--
            (1) an analysis of the types and amount of assistance that 
        are needed by the country from--
                    (A) the Government of the United States; and
                    (B) international organizations, international 
                financial institutions, and donor countries; and
            (2) a specific action plan, to be developed in consultation 
        with the government of the country, international 
        organizations, and other appropriate entities, to prevent, 
        mitigate, and respond to outbreaks of the avian influenza virus 
        in the country.

SEC. 307. UNITED STATES AVIAN INFLUENZA VIRUS EARLY WARNING SYSTEM.

    (a) Establishment.--The Administrator of the United States Agency 
for International Development, in consultation with the Secretary of 
Health and Human Services and the heads of other relevant departments 
and agencies of the Government of the United States, shall establish an 
early warning system to prevent, mitigate, and respond to outbreaks of 
the avian influenza virus in foreign countries.
    (b) Components.--The early warning system established pursuant to 
subsection (a) shall consist of--
            (1) a database of information relating to the occurrence of 
        outbreaks of the avian influenza virus in foreign countries;
            (2) a list, to be updated regularly, of foreign countries 
        in which there is low to moderate risk of outbreaks of the 
        avian influenza virus in order to enhance the preparedness of 
        the Government of the United States to prevent, mitigate, and 
        respond to such outbreaks; and
            (3) an analysis of the response capacity of the national 
        government of countries with a low to moderate risk of 
        outbreaks of the avian influenza virus and steps that are being 
        taken by local, national, and international governmental and 
        nongovernmental organizations to prevent, mitigate, and respond 
        to such outbreaks.
    (c) Report.--The Administrator of the United States Agency for 
International Development shall submit to the relevant departments and 
agencies of the Government of the United States and to United States 
embassies and consular posts a monthly report that contains the list 
developed pursuant to subsection (b)(2).

SEC. 308. REPORT.

    (a) Report.--Not later than 180 days after the date of the 
enactment of this Act, and annually thereafter until 2008, the 
Secretary of State shall transmit to the appropriate congressional 
committees a report on the implementation of this title.
    (b) Contents.--The report required by subsection (a) shall 
include--
            (1) the name of each recipient of assistance under sections 
        302 and 303, the amount of assistance provided to the 
        recipient, a description of the purpose for which the 
        assistance was provided, and the results of the assistance, if 
        available;
            (2) a description of the progress of establishing the 
        multi-donor trust fund described in section 304(a) and the 
        amount of assistance provided to the multi-donor trust fund 
        since its establishment;
            (3) a description of the specific actions of the 
        coordinator pursuant to section 305(b) to ensure policy and 
        program coordination of the provision of assistance to combat 
        the avian influenza virus, the obstacles in ensuring such 
        coordination, and recommendations to improve such coordination;
            (4) a list of the foreign countries designated pursuant to 
        section 306(a)(1) and summaries of the country strategies 
        required by subsections (a)(2) and (b) of section 306; and
            (5) a description of the progress of establishing an early 
        warning system required by section 307 and, once established, a 
        summary of the list required by section 307(b)(2).

SEC. 309. DEFINITIONS.

    In this title:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Appropriations, the Committee 
                on Energy and Commerce, and the Committee on 
                International Relations of the House of 
                Representatives; and
                    (B) the Committee on Appropriations, the Committee 
                on Foreign Relations, and the Committee on Health, 
                Education, Labor, and Pensions of the Senate.
            (2) Avian influenza virus.--The term ``avian influenza 
        virus'' means an influenza A virus of subtype H5 or H7 that--
                    (A) causes avian influenza; and
                    (B) has been determined by the President to pose a 
                threat to the public health.
            (3) Coordinator.--The term ``coordinator'' means the 
        coordinator designated by the Secretary pursuant to section 
        305(a).
            (4) Relevant departments and agencies of the government of 
        the united states.--The term ``relevant departments and 
        agencies of the Government of the United States'' means--
                    (A) the Department of State;
                    (B) the United States Agency for International 
                Development;
                    (C) the Department of Health and Human Services 
                (including its agencies and offices); and
                    (D) any other department or agency of the 
                Government of the United States that participates in 
                international avian influenza virus activities pursuant 
                to the authorities of such department or agency or this 
                Act.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of State.

SEC. 310. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to carry 
out this title $750,000,000 for fiscal year 2007.
    (b) Availability.--Amounts appropriated pursuant to the 
authorization of appropriations under subsection (a) are authorized to 
remain available until expended.
                                 <all>