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Union Calendar No. 99

107TH CONGRESS

1ST SESSION H. R. 943

[Report No. 107–168]

To amend the Public Health Service Act with respect to the availability

of influenza vaccine through the program under section 317 of such Act.

IN THE HOUSE OF REPRESENTATIVES

MARCH 8, 2001

Mr. CONDIT (for himself, Mr. UDALL of New Mexico, and Mrs. EMERSON)

introduced the following bill; which was referred to the Committee on

Energy and Commerce

JULY 26, 2001

Additional sponsors: Mr. SAWYER, Mr. THOMPSON of California, Mr. FROST,

Mr. DEFAZIO, Ms. ROYBAL-ALLARD, Ms. ESHOO, Mr. SCHIFF, Mr. WAXMAN, and Mr. BROWN of Ohio

JULY 26, 2001

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To amend the Public Health Service Act with respect to

the availability of influenza vaccine through the program

under section 317 of such Act.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Flu Vaccine Avail3 ability Act of 2001’’.

4 SEC. 2. AMENDMENT TO PUBLIC HEALTH SERVICE ACT

5 REGARDING AVAILABILITY OF INFLUENZA

6 VACCINE.

7 Section 317(j) of the Public Health Service Act (42

8 U.S.C. 247b(j)) is amended by adding at the end the fol9 lowing paragraph:

10 ‘‘(3)(A) For the purpose of carrying out activities re11 lating to influenza vaccine under the immunization pro12 gram under this subsection, there are authorized to be ap13 propriated such sums as may be necessary for each of the

14 fiscal years 2001 and 2002. Such authorization is in addi15 tion to amounts available under paragraphs (1) and (2)

16 for such purpose.

17 ‘‘(B) The authorization of appropriations established

18 in subparagraph (A) is not effective for a fiscal year unless

19 the total amount appropriated under paragraphs (1) and

20 (2) for the fiscal year is not less than such total for fiscal

21 year 2000.

22 ‘‘(C) The purposes for which amounts appropriated

23 under subparagraph (A) are available include the payment

24 of program expenses for the immunization program under

25 this subsection in order to ensure that influenza vaccines

26 purchased under this subsection are received by the
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1 States, and distributed to qualifying health care providers

2 for the immunization of children, adolescents, and adults,

3 in accordance with criteria of the Secretary for the oper4 ation of the immunization program under this subsection.

5 ‘‘(D) The Secretary shall submit reports to the Con6 gress describing the activities of the Secretary under this

7 subsection regarding influenza vaccine. Such reports may

8 include any recommendations of the Secretary for admin9 istrative or legislative actions to improve operations under

10 this subsection regarding such vaccine. The first such re11 port shall be submitted not later than February 1, 2002,

12 the second report shall be submitted not later than Feb13 ruary 1, 2003, and subsequent reports shall be submitted

14 biennially thereafter.

15 ‘‘(E) For purposes of this paragraph, the term ‘quali16 fying health care provider’ means—

17 ‘‘(i) a physician as defined in section 1861(r) of

18 the Social Security Act; and

19 ‘‘(ii) a provider of services under section

20 1861(u) of such Act.’’.

21 SECTION 1. SHORT TITLE.

22 This Act may be cited as the ‘‘Flu Vaccine Availability

23 Act of 2001’’.
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1 SEC. 2. AMENDMENT TO PUBLIC HEALTH SERVICE ACT RE2 GARDING AVAILABILITY OF INFLUENZA VAC3 CINE.

4 Section 317(j) of the Public Health Service Act (42

5 U.S.C. 247b(j)) is amended by adding at the end the fol6 lowing paragraph:

7 ‘‘(3)(A) For the purpose of carrying out activities re8 lating to influenza vaccine under the immunization pro9 gram under this subsection, there are authorized to be ap10 propriated such sums as may be necessary for each of the

11 fiscal years 2002 and 2003. Such authorization is in addi12 tion to amounts available under paragraphs (1) and (2)

13 for such purpose.

14 ‘‘(B) The authorization of appropriations established

15 in subparagraph (A) is not effective for a fiscal year unless

16 the total amount appropriated under paragraphs (1) and

17 (2) for the fiscal year is not less than such total for fiscal

18 year 2000.

19 ‘‘(C) The purposes for which amounts appropriated

20 under subparagraph (A) are available to the Secretary in21 clude providing for improved State and local infrastructure

22 for influenza immunizations under this subsection in ac23 cordance with the following:

24 ‘‘(i) Increasing influenza immunization rates in

25 populations considered by the Secretary to be high
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1 risk for influenza-related complications and in their

2 contacts.

3 ‘‘(ii) Recommending that health care providers

4 actively target influenza vaccine available in Sep5 tember, October, and November to individuals at in6 creased risk for influenza-related complications and to

7 their contacts.

8 ‘‘(iii) Providing for the continued availability of

9 influenza immunizations through December of such

10 year, and for additional periods to the extent that in11 fluenza vaccine remains available.

12 ‘‘(iv) Encouraging States as appropriate to de13 velop contingency plans (including plans for public

14 and professional educational activities) for maxi15 mizing influenza immunizations for high-risk popu16 lations in the event of a delay or shortage of influenza

17 vaccine.

18 ‘‘(D) The Secretary shall submit to the Committee on

19 Energy and Commerce in the House of Representatives, and

20 the Committee on Health, Education, Labor, and Pensions

21 in the Senate, periodic reports Congress describing the ac22 tivities of the Secretary under this subsection regarding in23 fluenza vaccine. The first such report shall be submitted not

24 later than June 6, 2002, the second report shall be sub-
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1 mitted not later than June 6, 2003, and subsequent reports

2 shall be submitted biennially thereafter.’’.

Union Calendar No. 99

107TH CONGRESS

1ST SESSION H. R. 943

[Report No. 107–168]

A BILL

To amend the Public Health Service Act with respect to the availability of influenza vaccine

through the program under section 317 of suchAct.

JULY 26, 2001

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union,

and ordered to be printed