1.This Act may be cited as the
Improved Vaccine Supply
Act
.
2.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:
3
2141.
(a)
(1)Not
later than 3 months after the date of enactment of this section, the Secretary,
acting through the Director of the Centers for Disease Control and Prevention,
shall develop a plan for the purchase, storage, and rotation of a supply of
vaccines sufficient to provide routinely recommended vaccinations for a 6-month
period for—
(A)a national
stockpile of vaccines for all children as authorized under section 1928(d)(6)
of the Social Security Act (42 U.S.C.
1396s(d)(6)); and
(B)adults.
(2)The
supply of vaccines under paragraph (1) shall—
(A)include all
vaccines routinely recommended for children by the Advisory Committee on
Immunization Practices;
(B)include all
vaccines routinely recommended for adults by the Advisory Committee on
Immunization Practices; and
(C)include other
vaccines, as designated by the Secretary, that contribute to public health
preparedness efforts.
(3)The Secretary shall carry out—
(A)paragraph (2)(A)
using the authority provided for under section 1928(d)(6) of the
Social Security Act (42 U.S.C.
1396s(d)(6)); and
(B)paragraph (2)(B)
using—
(i)the authority
provided for under section 317; and
(ii)any other
authority relating to the vaccines described in such paragraph.
(b)
(1)Not later than 6 months after the date of enactment of
this section, the Secretary shall submit the plan developed under subsection
(a) to—
(A)the Committee on
Health, Education, Labor, and Pensions of the Senate;
(B)the Committee on
Finance of the Senate; and
(C)the Committee on
Energy and Commerce of the House of Representatives.
(2)The
plan shall include a discussion of the considerations that formed—
(A)the basis for the
plan; and
(B)the
prioritization of the schedule for purchasing vaccines set forth in the
plan.
(c)Implementation
of the PlanNot later than September 30, 2008, the Secretary
shall fully implement the plan developed under subsection (a).
(d)
(1)For the purposes of maintaining and administering the
supply of vaccines described under subsection (a), the Secretary shall require
by contract that the manufacturer of a vaccine included in such supply provide
not less than 1 year notice to the Secretary of a discontinuance of the
manufacture of the vaccine, or of other factors, that may prevent the
manufacturer from providing vaccines pursuant to an arrangement made to carry
out this section.
(2)Reduction of
period of noticeThe notification period required under paragraph
(1) may be reduced if the manufacturer certifies to the Secretary that good
cause exists for reduction, under the conditions described in section 506C(b)
of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 356c).
(e)Any
proceeds received by the Secretary from the sale of vaccines contained in the
supply maintained pursuant to this section, shall be available to the Secretary
for the purpose of purchasing additional vaccines for the supply. Such proceeds
shall remain available until expended.
(f)
(1)Not later than 2 years after submitting the plan pursuant
to subsection (b), and periodically thereafter, the Secretary shall submit a
report to the Committees identified in subsection (b)(1) that—
(A)details the
progress made in implementing the plan developed under subsection (a);
and
(B)notes
impediments, if any, to implementing the plan developed under subsection
(a).
(2)The
Secretary shall include in the first of such reports required under paragraph
(1)—
(A)a recommendation
as to whether the vaccine supply should be extended beyond the 6-month period
provided in subsection (a); and
(B)a discussion of
the considerations that formed the recommendation under subparagraph
(A).
(g)Authorization
of AppropriationsThere are authorized to be appropriated to
carry out this section such sums as may be necessary for each of fiscal years
2008 through
2012.
.