II 

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. 

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 ‘‘Seasonal Influenza and 

5 Pandemic Preparation Act of 2005’’. 

6 SEC. 2. FREE INFLUENZA VACCINE PROGRAM. 

7 (a) ESTABLISHMENT.—The Secretary shall establish 

8 a national voluntary influenza vaccination program for 

9 adults and children under which any individual may re10 ceive an influenza vaccine at no cost at any Federally 
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1 qualified health center, public or private hospital, physi2 cian office, clinic, or other entity determined appropriate 

3 by the Secretary. 

4 (b) PARTICIPATING ENTITIES.— 

5 (1) REIMBURSEMENT.—An entity described in 

6 subsection (a) that elects to provide vaccines to indi7 viduals through the program shall be reimbursed for 

8 the costs of administering such vaccines by the Sec9 retary at the rate determined by the Secretary for 

10 such vaccine for purposes of title XIX of the Social 

11 Security Act (42 U.S.C. 1396 et seq.), or at such 

12 higher rate, including cost-based reimbursement, as 

13 determined appropriate by the Secretary. Such reim14 bursement may include the costs of practice ex15 penses or other costs associated with the administra16 tion of the influenza vaccine. 

17 (2) LIMITATION ON CHARGES.—An entity par18 ticipating in the program shall not charge a co-pay19 ment or apply any other cost-sharing requirements 

20 associated with the administration of influenza vac21 cines, including any co-payment or other cost-shar22 ing for the visit associated with the administration 

23 of such vaccine. 

24 (3) VOLUNTARY PARTICIPATION.—Participation 

25 by an entity in the program shall be voluntary. 
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1 (c) PUBLIC-PRIVATE PARTNERSHIPS.— 

2 (1) GRANTS.—The Secretary shall award 

3 grants to State and local health departments, public 

4 hospitals, Federally qualified health centers, and 

5 other entities to facilitate the establishment of influ6 enza vaccination programs in partnership with pri7 vate entities, including retail outlets, pharmacies, 

8 faith-based organizations, private employers, and 

9 others as determined appropriate by the Secretary. 

10 (2) LIMITATION ON CHARGES.—Any influenza 

11 vaccination provided to an individual under a grant 

12 under this subsection shall be at no cost to the indi13 vidual. 

14 (3) REIMBURSEMENT.—An entity participating 

15 in a program under a grant under this subsection 

16 may request reimbursement from the Secretary 

17 under the program under subsection (a) in addition 

18 to the amounts received under the grant. 

19 (4) AUTHORIZATION OF APPROPRIATIONS.— 

20 There are authorized to be appropriated to carry out 

21 this subsection, $500,000,000 for fiscal year 2006, 

22 and such sums as may be necessary for each fiscal 

23 year thereafter. 

24 (d) SCHOOL PARTNERSHIPS.— 

25 (1) GRANTS TO PUBLIC ENTITIES.— 
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1 (A) IN GENERAL.—The Secretary shall 

2 award grants to local health departments, pub3 lic hospitals, Federally qualified health centers, 

4 and other entities to facilitate the development 

5 of influenza vaccination programs for students 

6 and families of students in partnership with 

7 local primary and secondary educational institu8 tions (including private institutions and Head 

9 Start programs). 

10 (B) LIMITATION ON CHARGES.—Any influ11 enza vaccination provided to an individual 

12 under a grant under this subsection shall be at 

13 no cost to the individual. 

14 (2) GRANTS TO SCHOOLS.—The Secretary shall 

15 award grants to elementary and secondary schools to 

16 facilitate the development of a voluntary influenza 

17 vaccination program. 

18 (3) LIMITATION ON CHARGES.—Any influenza 

19 vaccination provided to an individual under this sub20 section shall be at no cost to the individual. 

21 (4) AUTHORIZATION OF APPROPRIATIONS.— 

22 There are authorized to be appropriated to carry out 

23 this subsection, $150,000,000 for fiscal year 2006, 

24 and such sums as may be necessary for each fiscal 

25 year thereafter. 
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1 (e) IMMUNIZATION PLANS.—The Secretary, under 

2 the programs under titles XVIII, XIX, and XXI of the 

3 Social Security Act, shall develop an immunization plan 

4 with immunization target numbers for the respective pop5 ulations served under the program under each such title. 

6 The Secretary shall provide bonus payments to eligible 

7 health care providers and other entities who meet immuni8 zation targets established by the Secretary in such plans. 

9 SEC. 3. VOLUNTEER VACCINE CORPS. 

10 (a) ESTABLISHMENT.—The Secretary shall establish 

11 a Volunteer Vaccine Corps (referred to in this section as 

12 the ‘‘Corps’’) to facilitate the distribution and provision 

13 of vaccines to individuals under any voluntary influenza 

14 vaccination program established by a State or local entity. 

15 (b) ACTIVATION AND ASSIGNMENT OF MEMBERS.— 

16 (1) ACTIVATION.—The members of the Corps 

17 shall be activated by the Secretary upon a declara18 tion by the Secretary of a public health emergency 

19 under section 319 of the Public Health Service Act 

20 related to an influenza outbreak (including a sea21 sonal outbreak). 

22 (2) ASSIGNMENT.—Upon activation, members 

23 of the Corps shall be assigned to State and local en24 tities to carry out the provisions of a State or local 
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1 voluntary influenza vaccination program during such 

2 emergency. 

3 (3) REQUESTS.—The Secretary may request 

4 members of the Corps from a State or territory to 

5 participate in the vaccination program of another 

6 State or territory. The Secretary shall enter into 

7 agreements with such States to accept licensure and 

8 certification from such other States for the purpose 

9 of carrying out activities under an influenza vaccina10 tion program. 

11 (c) PARTICIPATION.— 

12 (1) IN GENERAL.—All duly licensed or certified 

13 health professionals, including retired health profes14 sionals, as determined appropriate by the Secretary, 

15 may participate in the Corps under procedures es16 tablished by the Secretary and after passing an ap17 proved training course developed by the Secretary. 

18 (2) DATABASE.—The Secretary, in cooperation 

19 and consultation with State and local entities, shall 

20 maintain a database of Corps members. Such data21 base shall, with respect to each Corps member, in22 clude contact information, appropriate licensure or 

23 certification information, and other information the 

24 Secretary determines necessary to perform the ac25 tivities of the Corps. 
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1 (d) TRAINING GRANTS.—The Secretary shall award 

2 grants to State and local public health departments, Fed3 erally qualified health centers, public and private hos4 pitals, and other entities for the training of Corps mem5 bers. 

6 (e) LIABILITY.—Members of the Corps, when per7 forming their duties under an activation and assignment 

8 by the Secretary under subsection (b) shall only be subject 

9 to liability for their actions under such assignment as pro10 vided for under the Federal Tort Claims Act. 

11 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated to carry out this section, 

13 $100,000,000 for fiscal year 2006, and such sums as may 

14 be necessary for each fiscal year thereafter. 

15 SEC. 4. PUBLIC OUTREACH. 

16 (a) IN GENERAL.—The Director of the Centers for 

17 Disease Control and Prevention shall establish and imple18 ment a national public affairs campaign, to be carried out 

19 through radio, television, print, and other media and 

20 methods determined appropriate by the Secretary, to in21 crease influenza immunization rates. 

22 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated to carry out this section, 

24 $15,000,000 for fiscal year 2006, and such sums as may 

25 be necessary for each fiscal year thereafter. 
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1 SEC. 5. DEFINITIONS. 

2 In this Act: 

3 (1) PROGRAM.—The term ‘‘program’’ means 

4 the national voluntary influenza vaccination program 

5 established under section 2(a). 

6 (2) SECRETARY.—The term ‘‘Secretary’’ means 

7 the Secretary of Health and Human Services. 

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