II 

118TH CONGRESS 

2D SESSION S. 4581 

To require the Secretary of State, in coordination with the Secretary of 

Health and Human Services, the Administrator of the United States 

Agency for International Development, and such other heads of departments and agencies as the Secretary of State considers appropriate, 

to formulate a strategy for the Federal Government to secure support 

from foreign countries, multilateral organizations, and other appropriate 

entities to facilitate the development and commercialization of qualified 

pandemic or epidemic products, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 18, 2024 

Mr. KELLY (for himself and Mr. CORNYN) introduced the following bill; which 

was read twice and referred to the Committee on Foreign Relations 

A BILL 

To require the Secretary of State, in coordination with the 

Secretary of Health and Human Services, the Administrator of the United States Agency for International 

Development, and such other heads of departments and 

agencies as the Secretary of State considers appropriate, 

to formulate a strategy for the Federal Government to 

secure support from foreign countries, multilateral organizations, and other appropriate entities to facilitate the 

development and commercialization of qualified pandemic 

or epidemic products, and for other purposes. 


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•S 4581 IS

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Saving Us from Pan5 demic Era Resistance by Building a Unified Global Strat6 egy Act of 2024’’ or the ‘‘SUPER BUGS Act of 2024’’. 

7 SEC. 2. INTERNATIONAL STRATEGY FOR DEVELOPMENT 

8 AND COMMERCIALIZATION OF QUALIFIED 

9 PANDEMIC OR EPIDEMIC PRODUCTS. 

10 (a) STRATEGY.— 

11 (1) IN GENERAL.—Not later than 540 days 

12 after the date of the enactment of this Act, the Sec13 retary of State, in coordination with the Secretary of 

14 Health and Human Services, the Administrator of 

15 the United States Agency for International Develop16 ment, and such other heads of departments and 

17 agencies as the Secretary of State considers appro18 priate, shall— 

19 (A) formulate a strategy for the Federal 

20 Government to secure support from foreign 

21 countries, multilateral organizations, and other 

22 appropriate entities to facilitate the develop23 ment and commercialization of qualified pan24 demic or epidemic products, including such 


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1 products to address antimicrobial resistant 

2 pathogens— 

3 (i) with pandemic potential; or 

4 (ii) that are priority pathogens; and 

5 (B) submit such strategy to the appro6 priate committees of Congress. 

7 (2) CONTENTS.—The strategy required by 

8 paragraph (1) shall— 

9 (A) provide for processes the Federal Gov10 ernment is using and would use to enter into 

11 arrangements with foreign countries, multilat12 eral organizations, and other appropriate enti13 ties in certain circumstances to implement the 

14 strategy; 

15 (B) strive to ensure that the arrangements 

16 described in subparagraph (A) promote equi17 table contributions based on the budgets and 

18 technical expertise of participating countries, 

19 organizations, and other entities, as appro20 priate; 

21 (C) focus the arrangements described in 

22 subparagraph (A) on global priorities while ena23 bling participating countries, organizations, and 

24 other entities to emphasize national or regional 

25 issues of importance; 


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1 (D) seek to ensure new and existing ar2 rangements described in subparagraph (A) are 

3 harmonized with each other and with other rel4 evant existing or planned efforts to amplify im5 pact, address gaps, prevent duplication of ef6 fort, and efficiently distribute funds; 

7 (E) provide for collaboration so that the 

8 arrangements described in subparagraph (A)— 

9 (i) allocate joint or individual respon10 sibility across participating countries, orga11 nizations, and other entities for the devel12 opment and commercialization of par13 ticular qualified pandemic or epidemic 

14 products; and 

15 (ii) describe such collaboration; 

16 (F) encourage the stewardship of qualified 

17 pandemic or epidemic products developed pur18 suant to the strategy; 

19 (G) ensure that priority actions are identi20 fied in the arrangements described in subpara21 graph (A) so that scarce domestic and inter22 national funds are allocated to develop and 

23 commercialize qualified pandemic or epidemic 

24 products that can achieve the greatest positive 

25 impact on human health, including unpreceVerDate Sep 11 2014 00:43 Aug 07, 2024 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4581.IS S4581

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1 dented approaches to preventing, treating, and 

2 diagnosing infectious diseases; 

3 (H) consider approaches including— 

4 (i) securing development, production, 

5 and distribution contracts with the private 

6 sector; 

7 (ii) entering into public-private part8 nerships; 

9 (iii) implementing alternative payment 

10 models; 

11 (iv) creating coverage and reimburse12 ment pathways; and 

13 (v) streamlining regulatory approval 

14 processes; and 

15 (I) align with pandemic preparedness and 

16 response priorities of the United States, such as 

17 those articulated in— 

18 (i) the National Strategy for Com19 bating Antibiotic-Resistant Bacteria (dated 

20 September 2014); and 

21 (ii) the National Biodefense Strategy 

22 and Implementation Plan (dated October 

23 2022) and the associated Action Plan 

24 (dated October 2022). 


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1 (b) ARRANGEMENTS.—The Secretary of State, in 

2 consultation with the Secretary of Health and Human 

3 Services, the Administrator of the United States Agency 

4 for International Development, and such other heads of 

5 departments and agencies as the Secretary of State con6 siders appropriate, shall seek to enter into arrangements 

7 with foreign countries, multilateral organizations, and 

8 other appropriate entities to implement the strategy re9 quired by subsection (a). 

10 (c) DEFINITIONS.—In this section: 

11 (1) APPROPRIATE COMMITTEES OF CON12 GRESS.—The term ‘‘appropriate committees of Con13 gress’’ means— 

14 (A) the Committee on Foreign Relations 

15 and the Committee on Health, Education, 

16 Labor, and Pensions of the Senate; and 

17 (B) the Committee on Foreign Affairs and 

18 the Committee on Energy and Commerce of the 

19 House of Representatives. 

20 (2) PRIORITY PATHOGENS.—The term ‘‘priority 

21 pathogens’’ means pathogens identified in— 

22 (A) the latest ‘‘Antibiotic Resistance 

23 Threats Report’’ of the Centers for Disease 

24 Control and Prevention (or any successor re25 port); or 


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1 (B) the latest global priority pathogens list 

2 or fungal priority pathogens list of the World 

3 Health Organization (or any successor list). 

4 (3) QUALIFIED PANDEMIC OR EPIDEMIC PROD5 UCT.—The term ‘‘qualified pandemic or epidemic 

6 product’’ has the meaning given that term in section 

7 319F–3(i) of the Public Health Service Act (42 

8 U.S.C. 247d–6d(i)). 

Æ 


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