II 109th CONGRESS 2d Session S. 3482 IN THE SENATE OF THE UNITED STATES June 8, 2006 Mr. Harkin (for himself and Mrs. Clinton) 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 a volunteer corps to aid in the dissemination and distribution of vaccines and other countermeasures during a public health emergency.

1.

Short title

This Act may be cited as the Volunteer Vaccine and Countermeasure Corps Development Act of 2006.

2.

Volunteer vaccine and countermeasure corps

(a)

Establishment

The Secretary of Health and Human Services (referred to in this section as the Secretary) shall establish a Volunteer Vaccine and Countermeasures Corps (referred to in this section as the Corps) to facilitate the distribution and provision of vaccines, or other biological, chemical, or nuclear countermeasures, to individuals under any influenza vaccination program, or other countermeasure distribution program established by the Secretary or a State or local entity. (b)

Activation and assignment of members

(1)

Activation

(A)

Manner of activation

The members of the Corps shall be activated in one of the following manners: (i)By the Secretary upon a declaration by the Secretary of a public health emergency under section 319 of the Public Health Service Act (42 U.S.C. 247d)related to an influenza outbreak (including a seasonal outbreak) or other public health emergency. (ii)By the declaration of a State. (iii)By the declaration of a qualified entity, as defined in subsection (g). (B)

Non-emergency functions

Activation of the Corps is not required for the Corps to carry out non-emergency functions, including training, recruitment and retention of volunteers, participation in State and local planning, or other activities determined appropriate by the Secretary. (C)

Notification

In order to facilitate cooperation between all levels of government in response to an emergency, when activated under this section in response to a Federal or State declaration, or by the qualifying entity, the qualifying entity shall notify— (i)the Secretary; (ii)the governor or governors of the State or States in which the Corps shall be activated or deployed; and (iii)the local governments of the county or counties in which the Corps will reside or be deployed. (2)

Membership through qualified entities

(A)

In general

A volunteer may apply for membership in the Corps through a qualified entity. (B)

Requirements

A qualified entity shall carry out education and training activities and maintain pertinent information as required under subsection (c)(2). (C)

Use

Upon completion of any training, certification, or other qualifying processes determined appropriate by the Secretary, members of the Corps may be used by qualified entities to carry out activities under a National, State, or local influenza vaccination program, or other countermeasure distribution program as determined appropriate by the Secretary. (3)

Requests

The Secretary or governor of a State may request assignment of members of the Corps from a State or territory to participate in a vaccination program or countermeasure distribution 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)

Eligibility

An appropriately credentialed (licensed or certified) health professional, including a retired health professional, or other individual serving in an auxiliary or support capacity, including retired military personnel, police, emergency medical service personnel, or other volunteers as determined appropriate by the Secretary, shall be eligible to participate in the Corps under procedures established by the Secretary and after successfully completing an approved training course developed by the Secretary. Nothing in this paragraph shall be construed to preclude an entity from receiving financial, legal, and other technical assistance from a volunteer that is not certified as a Corps member. (2)

Database

The Secretary, in cooperation and consultation with States and qualifying entities, shall establish guidelines for the collection and maintenance of data relating to Corps members by qualifying entities. Such database shall— (A)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; (B)be accessible to qualifying entities, States, the Secretary, or other entities determined appropriate by the Secretary, for use in the performance of duties of the Corps; and (C)be interoperable with the Emergency System for the Advance Registration of Volunteer Health Professionals, the National Disaster Medical System, the Medical Reserve Corps, and other databases determined appropriate by the Secretary. (3)

National identification

The Secretary, in cooperation and consultation with the States, shall develop a National Identification Card that describes the health-related licensure and certification information of Corps members, as well as other identifying information determined by the Secretary to facilitate the use of Corps members in States other than the State in which such members reside. Such identification and certification information shall be cross-referenced with the database established under paragraph (2), and shall be updated on a regular basis to ensure that the information in the database is as current as is practicable. (d)

Grants

(1)

In general

The Secretary shall award grants to qualified entities for the following purposes: (A)To provide training through State and local health care facilities and networks to facilitate, execute, and maintain mechanisms for the distribution of vaccines and other biological countermeasures, including mass vaccination exercises designed to increase access to seasonal influenza vaccine by priority populations and encourage late-season vaccination with seasonal influenza vaccine. (B)To provide for the recruitment and retention of volunteers, including individuals to maintain and coordinate databases. (C)To carry out capacity building activities of the Corps, including the development of partnerships among the Corps, qualifying entities, and emergency response organizations, State and local governments, police departments, fire departments, emergency responders, nonprofit organizations, and private sector entities. (D)To carry out other training activities as determined appropriate by the Secretary. (e)

Liability

A member of the Corps, when performing his or her duties under an activation and assignment by the Secretary under subsection (b) upon a declaration by the Secretary of a public health emergency under section 319 of the Public Health Service Act (42 U.S.C. 247d) shall be deemed a Federal employee for liability purposes. In all other cases, Members of the Corps are subject to the laws of the State in which the activities of the Corps are undertaken. (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. (g)

Definition

The term qualified entity includes State and local public health departments, Federally Qualified Health Centers, public and private hospitals, units of the Medical Reserve Corps, and other entities determined appropriate by the Secretary.