[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2112 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 2112

To provide for the establishment of programs and activities to increase 
  influenza vaccination rates through the provision of free vaccines.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 15, 2005

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

_______________________________________________________________________

                                 A BILL


 
To provide for the establishment of programs and activities to increase 
  influenza vaccination rates through the provision of free vaccines.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Seasonal Influenza and Pandemic 
Preparation Act of 2005''.

SEC. 2. FREE INFLUENZA VACCINE PROGRAM.

    (a) Establishment.--The Secretary shall establish a national 
voluntary influenza vaccination program for adults and children under 
which any individual may receive an influenza vaccine at no cost at any 
Federally qualified health center, public or private hospital, 
physician office, clinic, or other entity determined appropriate by the 
Secretary.
    (b) Participating Entities.--
            (1) Reimbursement.--An entity described in subsection (a) 
        that elects to provide vaccines to individuals through the 
        program shall be reimbursed for the costs of administering such 
        vaccines by the Secretary at the rate determined by the 
        Secretary for such vaccine for purposes of title XIX of the 
        Social Security Act (42 U.S.C. 1396 et seq.), or at such higher 
        rate, including cost-based reimbursement, as determined 
        appropriate by the Secretary. Such reimbursement may include 
        the costs of practice expenses or other costs associated with 
        the administration of the influenza vaccine.
            (2) Limitation on charges.--An entity participating in the 
        program shall not charge a co-payment or apply any other cost-
        sharing requirements associated with the administration of 
        influenza vaccines, including any co-payment or other cost-
        sharing for the visit associated with the administration of 
        such vaccine.
            (3) Voluntary participation.--Participation by an entity in 
        the program shall be voluntary.
    (c) Public-Private Partnerships.--
            (1) Grants.--The Secretary shall award grants to State and 
        local health departments, public hospitals, Federally qualified 
        health centers, and other entities to facilitate the 
        establishment of influenza vaccination programs in partnership 
        with private entities, including retail outlets, pharmacies, 
        faith-based organizations, private employers, and others as 
        determined appropriate by the Secretary.
            (2) Limitation on charges.--Any influenza vaccination 
        provided to an individual under a grant under this subsection 
        shall be at no cost to the individual.
            (3) Reimbursement.--An entity participating in a program 
        under a grant under this subsection may request reimbursement 
        from the Secretary under the program under subsection (a) in 
        addition to the amounts received under the grant.
            (4) Authorization of appropriations.--There are authorized 
        to be appropriated to carry out this subsection, $500,000,000 
        for fiscal year 2006, and such sums as may be necessary for 
        each fiscal year thereafter.
    (d) School Partnerships.--
            (1) Grants to public entities.--
                    (A) In general.--The Secretary shall award grants 
                to local health departments, public hospitals, 
                Federally qualified health centers, and other entities 
                to facilitate the development of influenza vaccination 
                programs for students and families of students in 
                partnership with local primary and secondary 
                educational institutions (including private 
                institutions and Head Start programs).
                    (B) Limitation on charges.--Any influenza 
                vaccination provided to an individual under a grant 
                under this subsection shall be at no cost to the 
                individual.
            (2) Grants to schools.--The Secretary shall award grants to 
        elementary and secondary schools to facilitate the development 
        of a voluntary influenza vaccination program.
            (3) Limitation on charges.--Any influenza vaccination 
        provided to an individual under this subsection shall be at no 
        cost to the individual.
            (4) Authorization of appropriations.--There are authorized 
        to be appropriated to carry out this subsection, $150,000,000 
        for fiscal year 2006, and such sums as may be necessary for 
        each fiscal year thereafter.
    (e) Immunization Plans.--The Secretary, under the programs under 
titles XVIII, XIX, and XXI of the Social Security Act, shall develop an 
immunization plan with immunization target numbers for the respective 
populations served under the program under each such title. The 
Secretary shall provide bonus payments to eligible health care 
providers and other entities who meet immunization targets established 
by the Secretary in such plans.

SEC. 3. VOLUNTEER VACCINE CORPS.

    (a) Establishment.--The Secretary shall establish a Volunteer 
Vaccine Corps (referred to in this section as the ``Corps'') to 
facilitate the distribution and provision of vaccines to individuals 
under any voluntary influenza vaccination program established by a 
State or local entity.
    (b) Activation and Assignment of Members.--
            (1) Activation.--The members of the Corps shall be 
        activated by the Secretary upon a declaration by the Secretary 
        of a public health emergency under section 319 of the Public 
        Health Service Act related to an influenza outbreak (including 
        a seasonal outbreak).
            (2) Assignment.--Upon activation, members of the Corps 
        shall be assigned to State and local entities to carry out the 
        provisions of a State or local voluntary influenza vaccination 
        program during such emergency.
            (3) Requests.--The Secretary may request members of the 
        Corps from a State or territory to participate in the 
        vaccination program of another State or territory. The 
        Secretary shall enter into agreements with such States to 
        accept licensure and certification from such other States for 
        the purpose of carrying out activities under an influenza 
        vaccination program.
    (c) Participation.--
            (1) In general.--All duly licensed or certified health 
        professionals, including retired health professionals, as 
        determined appropriate by the Secretary, may participate in the 
        Corps under procedures established by the Secretary and after 
        passing an approved training course developed by the Secretary.
            (2) Database.--The Secretary, in cooperation and 
        consultation with State and local entities, shall maintain a 
        database of Corps members. Such database shall, with respect to 
        each Corps member, include contact information, appropriate 
        licensure or certification information, and other information 
        the Secretary determines necessary to perform the activities of 
        the Corps.
    (d) Training Grants.--The Secretary shall award grants to State and 
local public health departments, Federally qualified health centers, 
public and private hospitals, and other entities for the training of 
Corps members.
    (e) Liability.--Members of the Corps, when performing their duties 
under an activation and assignment by the Secretary under subsection 
(b) shall only be subject to liability for their actions under such 
assignment as provided for under the Federal Tort Claims Act.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, $100,000,000 for fiscal year 
2006, and such sums as may be necessary for each fiscal year 
thereafter.

SEC. 4. PUBLIC OUTREACH.

    (a) In General.--The Director of the Centers for Disease Control 
and Prevention shall establish and implement a national public affairs 
campaign, to be carried out through radio, television, print, and other 
media and methods determined appropriate by the Secretary, to increase 
influenza immunization rates.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, $15,000,000 for fiscal year 
2006, and such sums as may be necessary for each fiscal year 
thereafter.

SEC. 5. DEFINITIONS.

    In this Act:
            (1) Program.--The term ``program'' means the national 
        voluntary influenza vaccination program established under 
        section 2(a).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
                                 <all>