IB
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. WAX-
MAN, 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Flu Vaccine Avail-
ability Act of 2001’’.
SEC. 2. AMENDMENT TO PUBLIC HEALTH SERVICE ACT
REGARDING
AVAILABILITY
OF
INFLUENZA
VACCINE.
Section 317(j) of the Public Health Service Act (42
U.S.C. 247b(j)) is amended by adding at the end the fol-
lowing paragraph:
‘‘(3)(A) For the purpose of carrying out activities re-
lating to influenza vaccine under the immunization pro-
gram under this subsection, there are authorized to be ap-
propriated such sums as may be necessary for each of the
fiscal years 2001 and 2002. Such authorization is in addi-
tion to amounts available under paragraphs (1) and (2)
for such purpose.
‘‘(B) The authorization of appropriations established
in subparagraph (A) is not effective for a fiscal year unless
the total amount appropriated under paragraphs (1) and
(2) for the fiscal year is not less than such total for fiscal
year 2000.
‘‘(C) The purposes for which amounts appropriated
under subparagraph (A) are available include the payment
of program expenses for the immunization program under
this subsection in order to ensure that influenza vaccines
purchased under this subsection are received by the
States, and distributed to qualifying health care providers
for the immunization of children, adolescents, and adults,
in accordance with criteria of the Secretary for the oper-
ation of the immunization program under this subsection.
‘‘(D) The Secretary shall submit reports to the Con-
gress describing the activities of the Secretary under this
subsection regarding influenza vaccine. Such reports may
include any recommendations of the Secretary for admin-
istrative or legislative actions to improve operations under
this subsection regarding such vaccine. The first such re-
port shall be submitted not later than February 1, 2002,
the second report shall be submitted not later than Feb-
ruary 1, 2003, and subsequent reports shall be submitted
biennially thereafter.
‘‘(E) For purposes of this paragraph, the term ‘quali-
fying health care provider’ means—
‘‘(i) a physician as defined in section 1861(r) of
the Social Security Act; and
‘‘(ii)
a
provider
of
services
under
section
1861(u) of such Act.’’.
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Flu Vaccine Availability
Act of 2001’’.