II 

118TH CONGRESS 

1ST SESSION S. 3219 

To protect against seasonal and pandemic influenza, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 2, 2023 

Ms. BALDWIN (for herself, Ms. KLOBUCHAR, Mr. BLUMENTHAL, and Ms. 

SMITH) introduced the following bill; which was read twice and referred 

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

A BILL 

To protect against seasonal and pandemic influenza, and 

for other purposes. 

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 ‘‘Protecting America 

5 from Seasonal and Pandemic Influenza Act of 2023’’ or 

6 the ‘‘Influenza Act’’. 

7 SEC. 2. FINDINGS. 

8 Congress finds the following: 

9 (1) Influenza occurs seasonally each year, and, 

10 throughout history, has caused devastating 


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1 pandemics. The 1918 influenza pandemic killed an 

2 estimated 675,000 people in the United States. 

3 (2) In an average season, influenza results in 

4 12,000 to 52,000 deaths in the United States, in5 cluding over 100 pediatric deaths. Additionally, in6 fluenza causes hundreds of thousands of hospitaliza7 tions and millions of illnesses. 

8 (3) The Council of Economic Advisors issued a 

9 report in 2019 estimating that seasonal influenza 

10 costs the United States approximately 

11 $361,000,000,000 per year, and that an influenza 

12 pandemic has the potential to cause up to 

13 $3,790,000,000,000 in losses. This report was 

14 issued prior to the COVID–19 pandemic, which will 

15 cost the United States an estimated 

16 $16,000,000,000,000. 

17 (4) Most funding for pandemic influenza pre18 paredness up until fiscal year 2018 was derived from 

19 supplemental appropriations that dated back to the 

20 2009 H1N1 pandemic. 

21 (5) Centers for Disease Control and Prevention 

22 (referred to in this section as the ‘‘CDC’’) studies of 

23 influenza hospitalization rates by race and ethnicity 

24 during 10 influenza seasons from 2009 to 2019 

25 showed that individuals from racial and ethnic miVerDate Sep 11 2014 02:06 Nov 07, 2023 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3219.IS S3219

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1 nority groups are at higher risk for being hospital2 ized with influenza. 

3 (6) The COVID–19 pandemic response has 

4 been built on the pandemic influenza response eco5 system. 

6 (7) Strategies that increase seasonal influenza 

7 vaccination rates will also improve pandemic readi8 ness. 

9 (8) The National Influenza Vaccine Moderniza10 tion Strategy of 2020–2030 of the Department of 

11 Health and Human Services should be implemented 

12 as quickly as possible to ensure the Nation’s vaccine 

13 enterprise is highly responsive, flexible, scalable, and 

14 effective at reducing the impact of seasonal and pan15 demic influenza viruses. 

16 (9) Influenza surveillance has been improved 

17 significantly through advances in next-generation 

18 gene sequencing tools to analyze circulating influ19 enza viruses. The technology allows the CDC to 

20 study more influenza viruses faster and in more de21 tail, and to monitor genetic changes in influenza vi22 ruses to better understand and improve the effective23 ness of influenza vaccines. 

24 (10) Influenza diagnosis and surveillance has 

25 improved significantly through advances in influenza 


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1 testing. Timely infection control and prevention 

2 strategies would be significantly bolstered by accu3 rate and readily accessible at-home diagnostic tests. 

4 Rapid diagnostics can improve access for under5 served populations and allow for better antibiotic 

6 stewardship. 

7 (11) Vaccine hesitancy in the United States has 

8 reached a tipping point where it is adversely affect9 ing public health. Misinformation is widely available 

10 on social media, and traditional sources of informa11 tion on the value and efficacy of vaccines are not 

12 trusted by many people of the United States, espe13 cially those who are vaccine hesitant. 

14 (12) Support for vaccine communication, out15 reach, and administration across public health and 

16 health care settings is critical to drive demand of in17 fluenza vaccines, treatments, and medical counter18 measures and ensure equitable uptake of such inno19 vations. 

20 SEC. 3. STRENGTHENING AND DIVERSIFYING INFLUENZA 

21 VACCINE, THERAPEUTICS, AND DIAGNOSTICS 

22 DEVELOPMENT, MANUFACTURING, AND SUP23 PLY CHAIN. 

24 (a) TIMELY DELIVERY OF FIRST DOSES OF FIN25 ISHED INFLUENZA VACCINE.— 


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1 (1) NATIONAL GOAL.—It is a national goal for 

2 the United States to have, not later than 3 years 

3 after the date of enactment of this Act, the capacity 

4 to deliver first doses of finished influenza vaccine 

5 within 12 weeks of emergence of an influenza strain 

6 with pandemic potential. 

7 (2) PLAN.—Not later than 6 months after the 

8 date of enactment of this Act, the Secretary of 

9 Health and Human Services, acting through the As10 sistant Secretary for Preparedness and Response 

11 and the Director of the Biomedical Advanced Re12 search and Development Authority, shall publish a 

13 plan to achieve the goal specified in paragraph (1). 

14 (b) UNIVERSAL INFLUENZA VACCINE.— 

15 (1) NATIONAL GOAL.—It is a national goal for 

16 the United States to have developed a universal in17 fluenza vaccine, not later than 10 years after the 

18 date of enactment of this Act. 

19 (2) PLAN.— 

20 (A) PUBLICATION.—Not later than 1 year 

21 after the date of enactment of this Act, the Sec22 retary of Health and Human Services, acting 

23 through the Director of the National Institutes 

24 of Health and the Director of the Biomedical 

25 Advanced Research and Development Authority, 


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1 shall publish a plan to achieve the goal specified 

2 in paragraph (1) in partnership with vaccine 

3 manufacturers. 

4 (B) INTERIM SUPPORT.—The plan under 

5 subparagraph (A) shall include provisions, as 

6 necessary to achieve such goal, for support over 

7 the period of 5 years following the publication 

8 of such plan of the following: 

9 (i) Incremental vaccine efficacy im10 provements. 

11 (ii) The research workforce. 

12 (c) STRENGTHENING THE VACCINE SUPPLY

13 CHAIN.— 

14 (1) PUBLIC-PRIVATE PARTNERSHIPS.— 

15 (A) IN GENERAL.—The Secretary of 

16 Health and Human Services shall— 

17 (i) establish public-private partner18 ships to strengthen the domestic vaccine 

19 supply chain; and 

20 (ii) evaluate the capabilities, capacity, 

21 and utilization of such partnerships, in22 cluding by assessing and testing relevant 

23 logistical and interoperable technology with 

24 stakeholders in the supply chain. 


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1 (B) DOMESTIC VACCINE SUPPLY CHAIN.— 

2 For purposes of this paragraph, the term ‘‘do3 mestic vaccine supply chain’’ includes the full 

4 domestic supply chain, including— 

5 (i) production of ingredients and man6 ufacturing and distribution of finished vac7 cines; 

8 (ii) fill-finish capacity; and 

9 (iii) the supply chain of ancillary sup10 plies such as needles and syringes. 

11 (2) EVALUATION OF USING DPA.—The Sec12 retary of Health and Human Services, in coordina13 tion with the Administrator of the Federal Emer14 gency Management Agency and the Secretary of De15 fense, shall— 

16 (A) evaluate the use of the Defense Pro17 duction Act of 1950 (50 U.S.C. 4501 et seq.) 

18 for COVID–19 pandemic response; 

19 (B) not later than 1 year after the date of 

20 enactment of this Act, complete such evaluation 

21 and submit a report to Congress on the results 

22 of such evaluation; and 

23 (C) include in such report— 

24 (i) recommendations on using the De25 fense Production Act of 1950 (50 U.S.C. 


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1 4501 et seq.) for building domestic capac2 ity to respond to an influenza pandemic; 

3 and 

4 (ii) input from external stakeholders. 

5 (d) NATIONAL INFLUENZA VACCINE MODERNIZA6 TION STRATEGY.—The Secretary of Health and Human 

7 Services shall— 

8 (1) implement the portions of the National In9 fluenza Vaccine Modernization Strategy 2020–2030 

10 that are within the authority of the Department of 

11 Health and Human Services to carry out (under 

12 other applicable provisions of law); and 

13 (2) by June 15 each calendar year through 

14 2030, submit to Congress a report on such imple15 mentation. 

16 (e) ASSISTANT SECRETARY FOR PREPAREDNESS AND

17 RESPONSE.—Section 2811 of the Public Health Service 

18 Act (42 U.S.C. 300hh–10) is amended— 

19 (1) in subsection (b)— 

20 (A) in paragraph (3), by inserting ‘‘, in21 cluding the pandemic influenza medical counter22 measures program under paragraphs (2)(E) 

23 and (4)(H) of section 319L(c)’’ after ‘‘qualified 

24 pandemic or epidemic products (as defined in 

25 section 319F–3)’’; and 


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1 (B) in paragraph (7), in the matter pre2 ceding subparagraph (A), by inserting ‘‘, includ3 ing through the pandemic influenza medical 

4 countermeasures program under paragraphs 

5 (2)(E) and (4)(H) of section 319L(c)’’ after 

6 ‘‘for each such threat’’; and 

7 (2) in subsection (d)(2)— 

8 (A) in subparagraph (J)(v), by striking 

9 ‘‘and’’ at the end; 

10 (B) by redesignating subparagraph (K) as 

11 subparagraph (L); and 

12 (C) by inserting after subparagraph (J) 

13 the following: 

14 ‘‘(K) evaluate progress with respect to im15 plementing the National Influenza Vaccine 

16 Modernization Strategy, issued in June 2020, 

17 or any successor strategy; and’’. 

18 (f) BIOMEDICAL ADVANCED RESEARCH AND DEVEL19 OPMENT AUTHORITY.— 

20 (1) PREPAREDNESS ACTIVITIES.—Section 

21 319L(c) of the Public Health Service Act (42 U.S.C. 

22 247d–7e(c)) is amended— 

23 (A) in paragraph (2)— 

24 (i) in subparagraph (C), by striking 

25 ‘‘and’’ at the end; 


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1 (ii) in subparagraph (D), by striking 

2 the period at the end and inserting ‘‘; 

3 and’’; and 

4 (iii) by adding at the end of the fol5 lowing: 

6 ‘‘(E) supporting pandemic influenza coun7 termeasure preparedness.’’; and 

8 (B) in paragraph (4), by adding at the end 

9 of the following: 

10 ‘‘(H) PANDEMIC INFLUENZA MEDICAL

11 COUNTERMEASURES PROGRAM.—In carrying 

12 out paragraph (2)(E), the Secretary shall estab13 lish and implement a program that— 

14 ‘‘(i) supports research and develop15 ment activities for qualified pandemic or 

16 epidemic products (as defined in section 

17 319F–3), including by— 

18 ‘‘(I) developing innovative tech19 nologies to enhance rapid response to 

20 pandemic influenza threats; 

21 ‘‘(II) developing influenza vac22 cines with potential universal vaccina23 tion capability; 

24 ‘‘(III) developing enhanced influ25 enza vaccines with longer lasting 


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1 broad spectrum protective immunity 

2 against a wider range of antigenically 

3 divergent influenza strains; 

4 ‘‘(IV) developing alternative vac5 cine delivery approaches; 

6 ‘‘(V) developing novel small- and 

7 large-molecule novel influenza 

8 antivirals, monoclonal antibodies, and 

9 other products that provide better in10 fluenza treatment and prevention; 

11 ‘‘(VI) developing innovative tech12 nologies to enhance rapid diagnosis of 

13 influenza; and 

14 ‘‘(VII) implementing the Na15 tional Influenza Vaccine Moderniza16 tion Strategy, issued in June 2020, or 

17 any successor strategy; 

18 ‘‘(ii) ensures readiness to respond to 

19 qualified pandemic and epidemic threats, 

20 including by— 

21 ‘‘(I) supporting development and 

22 manufacturing of influenza virus 

23 seeds, clinical trial lots, and stockpiles 

24 of novel influenza strains; 


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1 ‘‘(II) supporting the stockpile of 

2 influenza antivirals through diversi3 fying and replenishing the existing 

4 stockpile of influenza antivirals; 

5 ‘‘(III) supporting manufacturing 

6 and fill-finish rapid response infra7 structure; 

8 ‘‘(IV) supporting the stockpile of 

9 influenza testing equipment and sup10 plies; and 

11 ‘‘(V) testing and evaluating pan12 demic threat rapid response capabili13 ties through regular preparedness 

14 drills with key public and private sec15 tor partners that examine the range 

16 of activities (including production and 

17 clinical testing of influenza 

18 diagnostics, vaccines, and thera19 peutics) required to effectively re20 spond to novel threats; and 

21 ‘‘(iii) builds, sustains, and replenishes 

22 qualified pandemic and epidemic stockpiles 

23 of bulk antigen and adjuvant material, in24 cluding by— 


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1 ‘‘(I) annually testing the potency 

2 and shelflife potential of all existing 

3 pandemic and epidemic stockpiles held 

4 by the Department of Health and 

5 Human Services; and 

6 ‘‘(II) developing, and dissemi7 nating to key public and private sector 

8 partners, a life cycle management 

9 plan.’’. 

10 (g) AUTHORIZATION OF APPROPRIATIONS.—Section 

11 319L(d) of the Public Health Service Act (42 U.S.C. 

12 247d–7e(d)) is amended by adding at the end the fol13 lowing: 

14 ‘‘(3) PANDEMIC INFLUENZA.—To carry out this 

15 section and section 2811 with respect to pandemic 

16 influenza, in addition to amounts authorized to be 

17 appropriated by paragraph (2) and any amounts au18 thorized to be appropriated by section 2811, there is 

19 authorized to be appropriated $335,000,000 for each 

20 of fiscal years 2024 through 2028, to remain avail21 able until expended.’’. 


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1 SEC. 4. PROMOTING INNOVATIVE APPROACHES AND USE 

2 OF NEW TECHNOLOGIES TO DETECT, PRE3 VENT, AND RESPOND TO INFLUENZA. 

4 (a) SENSE OF CONGRESS.—It is the sense of Con5 gress that the Centers for Disease Control and Prevention 

6 should support interoperable immunization information 

7 systems that enable bidirectional data exchange among 

8 States, localities, and community immunization providers. 

9 (b) PRIORITIZING INFLUENZA, INFLUENZA COM10 BINATION, AND PATHOGEN AGNOSTIC TOOLS.— 

11 (1) NIH.—The Director of the National Insti12 tutes of Health may conduct or support basic re13 search prioritizing the development of— 

14 (A) agnostic tools to detect influenza and 

15 other pathogens; and 

16 (B) technologies that automate sample 

17 preparation for such tools. 

18 (2) BARDA.—The Director of the Biomedical 

19 Advanced Research and Development Authority may 

20 conduct or support advanced development of novel 

21 sequencing modalities prioritizing tools described in 

22 paragraph (1)(A) and technologies described in 

23 paragraph (1)(B). 

24 (c) DEVELOPMENT OF POINT-OF-CARE AND SELF25 TESTING DIAGNOSTICS.—The Director of the Biomedical 

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1 laboration with the Director of the Centers for Disease 

2 Control and Prevention, the Director of the National Insti3 tutes of Health, and the Commissioner of Food and 

4 Drugs, may conduct or support development of rapid, ac5 curate, easily accessible, self-administrable diagnostic tests 

6 that are readable at the point of care or at home. 

7 (d) INCORPORATING DIAGNOSTICS SUPPLY CHAIN

8 RESILIENCY INTO INFLUENZA PANDEMIC PLANNING.— 

9 The Assistant Secretary for Preparedness and Response, 

10 in collaboration with the Commissioner of Food and 

11 Drugs, the Director of the Centers for Disease Control 

12 and Prevention, the Secretary of Commerce, and the Sec13 retary of Transportation, shall— 

14 (1) incorporate diagnostics supply chain resil15 iency into influenza pandemic planning that sup16 ports a health care system that tests to treat and 

17 bolsters testing and vaccine delivery supply chains; 

18 and 

19 (2) not later than 1 year after the date of en20 actment of this Act, publish a plan for rapidly ex21 panding public and private diagnostic testing capac22 ity (including at clinical laboratories, at public 

23 health department laboratories, and by means of 

24 self-testing) in an influenza pandemic, including ad25 dressing transportation infrastructure, the need for 


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1 sterilization, and sourcing critical raw materials, 

2 components, and parts. 

3 (e) SCALING UP PROPHYLACTIC INFLUENZA ANTI4 BODY PRODUCTS THAT ADDRESS GAPS IN COVERAGE.— 

5 The Director of the Biomedical Advanced Research and 

6 Development Authority may conduct or support preventive 

7 approaches, including those still in preclinical and clinical 

8 stages, to rapidly scale up preexposure prophylactic influ9 enza antibody products that address influenza infection. 

10 (f) MODERNIZING POTENCY ASSAYS.—The Commis11 sioner of Food and Drugs shall work with vaccine manu12 facturers to modernize potency assays across a variety of 

13 manufacturing technologies so as to reduce by 6 weeks 

14 the period required to first evaluate new vaccine can15 didates during a pandemic. 

16 (g) IMPROVED INFLUENZA THERAPEUTICS.—The 

17 Director of the Biomedical Advanced Research and Devel18 opment Authority may conduct or support improved influ19 enza therapeutics that— 

20 (1) are more broadly protective; and 

21 (2) meet the needs of high-risk and high-expo22 sure patients. 


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1 SEC. 5. INCREASING INFLUENZA VACCINE, THERAPEUTICS, 

2 AND TESTING ACCESS AND COVERAGE 

3 ACROSS ALL POPULATIONS. 

4 (a) ANNUAL REPORT ON PUBLIC COMMUNICATION

5 STRATEGY.—The Director of the Centers for Disease Con6 trol and Prevention shall submit an annual report to Con7 gress on the public communication strategy of the Centers 

8 to increase public confidence in the safety and effective9 ness of vaccines. 

10 (b) SENSE OF CONGRESS.—It is the sense of Con11 gress that the Director of the National Institutes of 

12 Health, the Director of the Centers for Disease Control 

13 and Prevention, the Secretary of Defense, the Secretary 

14 of Veterans Affairs, the Administrator of the Centers for 

15 Medicare & Medicaid Services, and the Commissioner of 

16 Food and Drugs should support research using large data 

17 sets from multiple sources of health data to further sup18 port and evaluate vaccine safety and effectiveness over 

19 multiple influenza seasons. 

20 (c) ADDRESSING MISINFORMATION AND

21 DISINFORMATION.— 

22 (1) IN GENERAL.—The Secretary of Health and 

23 Human Services shall create partnerships to address 

24 misinformation and disinformation with respect to 

25 influenza vaccines. 


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1 (2) REQUIREMENTS.—The partnerships under 

2 paragraph (1) shall— 

3 (A) build on lessons learned from COVID– 

4 19; and 

5 (B) allow for dissemination of best prac6 tices and lessons learned between partnering or7 ganizations. 

8 (3) MEMBERS.—The members of the partner9 ships under paragraph (1) shall include representa10 tives of organizations with experience working with 

11 vulnerable populations, including— 

12 (A) individuals with chronic health condi13 tions; 

14 (B) older individuals; 

15 (C) parents of young children; 

16 (D) pregnant people; 

17 (E) Tribal communities; and 

18 (F) racial and ethnic minorities. 

19 (4) CONFERRING WITH PARTNERING ORGANIZA20 TIONS.—The Secretary of Health and Human Serv21 ices shall confer with organizations represented in 

22 partnerships under paragraph (1)— 

23 (A) in advance of each seasonal influenza 

24 season, on messaging and communications; and 


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1 (B) at the end of each seasonal influenza 

2 season, on best practices and lessons learned. 

3 (5) REPORT TO CONGRESS.—Not later than one 

4 year after the date of enactment of this Act, the 

5 Secretary of Health and Human Services shall re6 port to Congress on the partnerships created, and 

7 activities conducted, under this section. 

8 (d) COMMUNICATIONS PUBLIC-PRIVATE PARTNER9 SHIP.— 

10 (1) IN GENERAL.—Not later than 6 months 

11 after the date of enactment of this Act, the Sec12 retary of Health and Human Services shall imple13 ment a targeted demonstration project that provides 

14 for the establishment of a communications public15 private partnership initiative for increasing vaccine 

16 confidence. 

17 (2) REQUIREMENTS.—The demonstration 

18 project under paragraph (1) shall— 

19 (A) be implemented through an inde20 pendent, nongovernmental, nonprofit entity; 

21 (B) focus on individuals with chronic ill22 ness or other comorbidities who tend to have 

23 worse clinical outcomes from influenza (such as 

24 individuals with heart disease or diabetes, and 

25 racial and ethnic minorities); 


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1 (C) support behavioral research around 

2 sources of vaccine hesitancy; and 

3 (D) develop and implement a targeted, 

4 multimodal communications campaign, using 

5 internet platforms, television, and nontradi6 tional targeted social media and community 

7 outreach in an effort to reach individuals who 

8 may be especially vaccine hesitant. 

9 (3) REPORT.—Not later than 6 months after 

10 completion of the demonstration project under para11 graph (1), the Secretary of Health and Human 

12 Services shall— 

13 (A) prepare a report on the demonstration 

14 project, including an evaluation of the project’s 

15 methods, findings, and results; and 

16 (B) make such report publicly available on 

17 the website of the Department of Health and 

18 Human Services. 

19 (e) INCORPORATING HEALTH EQUITY INTO SEA20 SONAL AND PANDEMIC INFLUENZA PLANNING AND RE21 SPONSE.—The Director of the Centers for Disease Control 

22 and Prevention and the Assistant Secretary for Prepared23 ness and Response shall— 


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1 (1) incorporate health equity into the seasonal 

2 and pandemic influenza planning and response pro3 grams overseen by such officials; and 

4 (2) in so doing— 

5 (A) emphasize the inclusion of all popu6 lations; and 

7 (B) include strategies to reach commu8 nities of color, communities with lower socio9 economic status, seniors, and individuals with 

10 disabilities, including addressing barriers to 

11 vaccinations, therapeutics, and diagnostics in 

12 the point-of-care and at-home self-testing set13 tings. 

14 (f) EXPANDING ACCESS TO INFLUENZA TREATMENT

15 AND ADOPTING LESSONS LEARNED FROM COVID–19 

16 FEDERAL RETAIL PHARMACY PROGRAM.— 

17 (1) REPORT.—Not later than 6 months after 

18 the date of enactment of this Act, the Secretary of 

19 Health and Human Services shall submit a report to 

20 the Congress on lessons learned from the COVID– 

21 19 Federal Retail Pharmacy Program, including as22 pects of the program that could be applied with re23 spect to multianalyte tests that target COVID–19 as 

24 well as influenza and other upper respiratory vi25 ruses. 


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1 (2) DEMONSTRATION PROJECT.— 

2 (A) IN GENERAL.—Not later than one year 

3 after the date of enactment of this Act, the Sec4 retary of Health and Human Services shall ini5 tiate an influenza test-to-treat demonstration 

6 project that builds on the test-to-treat model 

7 employed for COVID–19. 

8 (B) LENGTH; LOCATIONS.—This dem9 onstration project under subparagraph (A) shall 

10 run for the length of one seasonal influenza 

11 season and be based in one or more of the fol12 lowing locations: 

13 (i) Facilities that serve vulnerable 

14 populations, such as populations who are 

15 in long-term care facilities, are 65 years of 

16 age or older, may have other medical con17 ditions, and will be in unavoidable close 

18 contact with others. 

19 (ii) Federal health care facilities that 

20 serve at-risk and vulnerable communities, 

21 such as Indian Health Service clinics, Fed22 erally qualified health centers (as defined 

23 in section 1861(aa) of the Social Security 

24 Act (42 U.S.C. 1395x(aa))), and facilities 

25 of the Department of Veterans Affairs. 


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1 (iii) Existing COVID–19 test-to-treat 

2 sites at retail pharmacies, potentially in 

3 specific geographic areas with historically 

4 high mortality from influenza. 

5 (iv) Other appropriate locations iden6 tified by the Secretary of Health and 

7 Human Services, in consultation with ex8 ternal stakeholder organizations, to test 

9 the operational feasibility and impact of in10 fluenza test-to-treat programs. 

11 (3) REPORT.—Not later than 6 months after 

12 completion of the demonstration project under para13 graph (2), the Secretary of Health and Human 

14 Services shall— 

15 (A) prepare a report on the demonstration 

16 project under paragraph (2), including an eval17 uation of the project’s methods, findings, and 

18 results; and 

19 (B) make such report publicly available on 

20 the website of the Department of Health and 

21 Human Services. 

22 (g) CREATING ADMINISTRATION PATHWAYS.—The 

23 Secretary of Health and Human Services may award 

24 grants to States to create administration pathways for 

25 pharmacy personnel to administer influenza vaccines, 


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1 tests, and therapeutics, in order to increase vaccination, 

2 testing, and relevant treatment as needed for adults and 

3 children. 

4 (h) STRATEGIC NATIONAL STOCKPILE.—The Sec5 retary of Health and Human Services shall incorporate 

6 into the Strategic National Stockpile under section 319F– 

7 2 of the Public Health Service Act (42 U.S.C. 247d–6b) 

8 products needed to respond to pandemic influenza, includ9 ing through— 

10 (1) dynamic management of antivirals; 

11 (2) vendor-managed inventory of testing equip12 ment and supplies; 

13 (3) replenishment of aging antivirals, testing 

14 equipment, supplies, and other products; and 

15 (4) diversification of stockpiled products. 

16 (i) MONITORING AND DISTRIBUTING INFLUENZA

17 ANTIVIRAL SUPPLIES.—The Secretary of Health and 

18 Human Services shall— 

19 (1) monitor influenza antiviral supplies 

20 throughout the country and publicly report chal21 lenges in availability in any region, State, county, or 

22 metropolitan area; and 

23 (2) establish a process, to be used in the case 

24 of a pandemic or during times when influenza 

25 antiviral supply availability is challenged, to ensure 


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1 rapid and effective distribution of products to areas 

2 of urgent need in close coordination with manufac3 turers, distributors, and State and local health offi4 cials. 

5 (j) PLAN FOR ENSURING ACCESS TO APPROPRIATE

6 INFLUENZA THERAPEUTICS, PREEXPOSURE PROPHY7 LAXIS, AND DIAGNOSTICS.— 

8 (1) IN GENERAL.—Not later than 1 year after 

9 the date of enactment of this Act, the Secretary of 

10 Health and Human Services shall publish a plan for 

11 ensuring access to appropriate influenza thera12 peutics, preexposure prophylaxis influenza antibody 

13 products, and influenza diagnostics, including during 

14 times when availability is challenged in certain re15 gions or localities, for— 

16 (A) high-risk patients, such as nursing 

17 home and pediatric patients; 

18 (B) high-exposure patients, such as first 

19 responders and health care workers; and 

20 (C) low-income individuals, individuals cov21 ered under the Medicaid program under title 

22 XIX of the Social Security Act (42 U.S.C. 1396 

23 et seq.), uninsured individuals, Tribal commu24 nities, and other underserved populations. 


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1 (2) COMMUNICATIONS EFFORTS.—The plan re2 quired by paragraph (1) shall include communica3 tions efforts to educate the public about the benefits 

4 of early use of influenza diagnostics, therapeutics. 

5 and preexposure prophylaxis products. 

6 (k) GAO REVIEW ON TRANSFERRING COVID–19 

7 TECHNOLOGIES.— 

8 (1) IN GENERAL.—Not later than 6 months 

9 after the date of enactment of this Act, the Comp10 troller General of the United States shall conduct a 

11 review of the technology and systems utilized by the 

12 Centers for Disease Control and Prevention, the Ad13 ministration for Strategic Preparedness and Re14 sponse, Operation Warp Speed, the Countermeasure 

15 Acceleration Group, H–CORE, and other current 

16 and historical departments and agencies involved in 

17 the COVID–19 response for surveillance and track18 ing of COVID–19 cases, treatments, and vaccines, 

19 with particular focus on— 

20 (A) disease surveillance; 

21 (B) vaccine surveillance; and 

22 (C) vaccine effectiveness. 

23 (2) SCOPE.—The review under paragraph (1) 

24 shall include— 


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1 (A) assessment of which technology and 

2 systems can be applied to, or can be altered to 

3 apply to, influenza and other infectious dis4 eases; and 

5 (B) formulation of recommendations for 

6 applying and altering technologies and systems 

7 as described in subparagraph (A). 

8 (3) REPORT BY HHS TO CONGRESS.—Not later 

9 than 30 days after completion of the review required 

10 by paragraph (1), the Secretary of Health and 

11 Human Services shall submit a report to Congress 

12 on the timeline and actions necessary to implement 

13 the recommendations formulated under paragraph 

14 (2)(B). 

15 SEC. 6. AUTHORIZING SUSTAINABLE FUNDING FOR THE IN16 FLUENZA ECOSYSTEM. 

17 (a) INFLUENZA PLANNING AND RESPONSE PRO18 GRAM.—There is authorized to be appropriated 

19 $231,000,000 for fiscal year 2024 and each subsequent 

20 fiscal year for programs and activities of the Centers for 

21 Disease Control and Prevention relating to influenza plan22 ning and response. 

23 (b) STRATEGIC NATIONAL STOCKPILE.—There is au24 thorized to be appropriated $965,000,000 for fiscal year 

25 2024 and each subsequent fiscal year for the Strategic 


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1 National Stockpile under section 319F–2 of the Public 

2 Health Service Act (42 U.S.C. 247d–6b). 

3 (c) HOSPITAL PREPAREDNESS PROGRAM.—There is 

4 authorized to be appropriated $305,000,000 for fiscal year 

5 2024 and each subsequent fiscal year for Hospital Pre6 paredness Program of the Assistant Secretary for Pre7 paredness and Response. 

8 (d) UNIVERSAL FLU VACCINE RESEARCH.—There is 

9 authorized to be appropriated $270,000,000 for fiscal year 

10 2024 and each subsequent fiscal year for research of the 

11 National Institutes of Health to develop a universal flu 

12 vaccine. 

13 (e) IMMUNIZATION PROGRAM.—There is authorized 

14 to be appropriated $682,000,000 for fiscal year 2024 and 

15 each subsequent fiscal year for the immunization program 

16 of the Centers for Disease Control and Prevention under 

17 section 317 of the Public Health Service Act (42 U.S.C. 

18 247b). 

19 (f) PUBLIC HEALTH EMERGENCY PREPAREDNESS

20 PROGRAM.—There is authorized to be appropriated 

21 $735,000,000 for fiscal year 2024 and each subsequent 

22 fiscal year for the Public Health Emergency Preparedness 

23 Program of the Centers for Disease Control and Preven24 tion. 


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1 (g) INFECTIOUS DISEASE RAPID RESPONSE RE2 SERVE FUND.—There is authorized to be appropriated 

3 $35,000,000 for fiscal year 2024 and each subsequent fis4 cal year for the Infectious Disease Rapid Response Re5 serve Fund of the Centers for Disease Control and Preven6 tion. 

7 (h) DATA MODERNIZATION INITIATIVE.—There is 

8 authorized to be appropriated $175,000,000 for fiscal year 

9 2024 and each subsequent fiscal year for the Public 

10 Health Data Modernization Initiative of the Centers for 

11 Disease Control and Prevention. 

Æ 


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