‘‘(ii) CONTENT OF PLAN.—The Inter-
agency Preparedness Plan under clause (i) 
shall include a description of— 
‘‘(I) departmental or agency re-
sponsibility and accountability for 
each component of such plan; 
‘‘(II) funding requirements and 
sources; 
‘‘(III) international collaboration 
and coordination efforts; and 
‘‘(IV) recommendations and a 
timeline for implementation of such 
plan. 
‘‘(B) REPORT.— 
‘‘(i) IN
GENERAL.—The Committee 
shall submit to the President and Con-
gress, and make available to the public as 
appropriate, a report that includes the 
Interagency Preparedness Plan. 
‘‘(ii) UPDATED
REPORT.—The Com-
mittee shall submit to the President and 
Congress, and make available to the public 
as appropriate, on a biannual basis, an up-
date of the report that includes a descrip-
tion of—
‘‘(I) progress made toward plan 
implementation, as described under 
clause (i); and 
‘‘(II) progress of the domestic 
preparedness programs under section 
2144 and of the international assist-
ance programs under section 2145. 
‘‘(C) 
CONSULTATION
WITH
INTER-
NATIONAL
ENTITIES.—In developing the pre-
paredness plans described under subparagraph 
(A) and the report under subparagraph (B), the 
Committee should consult with representatives 
from the World Health Organization, the World 
Organization for Animal Health, and other 
international bodies, as appropriate. 
‘‘(e) APPLICATION OF FACA.—Notwithstanding the 
Federal Advisory Committee Act, non-government individ-
uals and entities may participate in the activities of the 
Committee. 
‘‘SEC. 2144. DOMESTIC PANDEMIC INFLUENZA PREPARED-
NESS ACTIVITIES. 
‘‘(a) PANDEMIC PREPAREDNESS ACTIVITIES.—The 
Director of Pandemic Preparedness and Response shall 
strengthen, expand, and coordinate domestic pandemic in-
fluenza preparedness activities.
‘‘(b) STATE PREPAREDNESS PLAN.— 
‘‘(1) IN GENERAL.—As a condition of receiving 
funds from the Centers for Disease Control and Pre-
vention or the Health Resources and Services Ad-
ministration related to bioterrorism, a State shall— 
‘‘(A) designate an official or office as re-
sponsible for pandemic influenza preparedness; 
‘‘(B) submit to the Director of the Centers 
for Disease Control and Prevention a Pandemic 
Influenza Preparedness Plan described under 
paragraph (2); and 
‘‘(C) have such Preparedness Plan ap-
proved in accordance with this subsection. 
‘‘(2) PREPAREDNESS PLAN.— 
‘‘(A) IN GENERAL.—The Pandemic Influ-
enza Preparedness Plan required under para-
graph (1) shall address— 
‘‘(i) human and animal surveillance 
activities, including capacity for epidemio-
logical analysis, isolation and subtyping of 
influenza viruses year-round, including for 
avian influenza among domestic poultry, 
and reporting of information across human 
and veterinary sectors;
‘‘(ii) methods to ensure surge capacity 
in 
hospitals, 
laboratories, 
outpatient 
healthcare provider offices, medical sup-
pliers, and communication networks; 
‘‘(iii) assisting the recruitment and 
coordination of national and State volun-
teer banks of healthcare professionals; 
‘‘(iv) 
distribution 
of 
vaccines, 
antivirals, and other treatments to priority 
groups, and monitor effectiveness and ad-
verse events; 
‘‘(v) networks that provide alerts and 
other information for healthcare providers 
and organizations at the National, State, 
and regional level; 
‘‘(vi) communication with the public 
with respect to prevention and obtaining 
care during pandemic influenza; 
‘‘(vii) maintenance of core public 
functions, including public utilities, refuse 
disposal, mortuary services, transportation, 
police and firefighter services, and other 
critical services; 
‘‘(viii) provision of security for—
‘‘(I) first responders and other 
medical personnel and volunteers; 
‘‘(II) hospitals, treatment cen-
ters, and isolation and quarantine 
areas; 
‘‘(III) transport and delivery of 
resources, including vaccines, medica-
tions and other supplies; and 
‘‘(IV) other persons or functions 
as determined appropriate by the Sec-
retary; 
‘‘(ix) the acquisition of necessary legal 
authority for pandemic activities; 
‘‘(x) integration with existing na-
tional, State, and regional bioterrorism 
preparedness activities or infrastructure; 
‘‘(xi) coordination among public and 
private health sectors with respect to 
healthcare delivery, including mass vac-
cination and treatment systems, during 
pandemic influenza; and 
‘‘(xii) coordination with Federal pan-
demic influenza preparedness activities. 
‘‘(B) UNDERSERVED POPULATIONS.—The 
Pandemic Influenza Preparedness Plan required
under paragraph (1) shall include a specific 
focus on surveillance, prevention, and medical 
care for traditionally underserved populations, 
including low-income, racial and ethnic minor-
ity, immigrant, and uninsured populations. 
‘‘(3) APPROVAL OF STATE PLAN.— 
‘‘(A) IN GENERAL.—The Director of Pan-
demic Preparedness and Response, in collabora-
tion with the Pandemic Influenza Preparedness 
Policy Coordinating Committee, shall develop 
criteria to rate State Pandemic Influenza Pre-
paredness Plans required under paragraph (1) 
and determine the minimum rating needed for 
approval. 
‘‘(B) TIMING
OF
APPROVAL.—Not later 
than 90 days after a State submits a State 
Pandemic Influenza Preparedness Plan as re-
quired under paragraph (1), the Director of 
Pandemic Preparedness and Response shall 
make a determination regarding approval of 
such Plan. 
‘‘(4) REPORTING
OF
STATE
PLAN.—All Pan-
demic Influenza Preparedness Plans submitted and 
approved under this section shall be made available
to Congress, State officials, and the public as deter-
mined appropriate by the Director. 
‘‘(5) ASSISTANCE TO STATES.—The Centers for 
Disease Control and Prevention and the Health Re-
sources and Services Administration may provide as-
sistance to States in carrying out this subsection, or 
implementing an approved State Pandemic Influenza 
Preparedness Plan, which may include the detail of 
an officer to approved domestic pandemic sites or 
the purchase of equipment and supplies. 
‘‘(6) WAIVER.—The Director of Pandemic Pre-
paredness and Response may grant a temporary 
waiver of 1 or more of the requirements under this 
subsection. 
‘‘(c) DOMESTIC SURVEILLANCE.— 
‘‘(1) IN GENERAL.—The Secretary, in coordina-
tion with the Secretary of Agriculture, shall establish 
minimum thresholds for States with respect to ade-
quate surveillance for pandemic influenza, including 
possible pandemic avian influenza. 
‘‘(2) ASSISTANCE TO STATES.— 
‘‘(A) IN GENERAL.—The Secretary, in co-
ordination with the Secretary of Agriculture, 
shall provide assistance to States and regions to
meet the minimum thresholds established under 
paragraph (1). 
‘‘(B) TYPES OF ASSISTANCE.—Assistance 
provided to States under subparagraph (A) may 
include— 
‘‘(i) the establishment or expansion of 
State surveillance and alert systems, in-
cluding the Sentinel Physician Surveillance 
System and 122 Cities Mortalities Report 
System; 
‘‘(ii) the provision of equipment and 
supplies; 
‘‘(iii) support for epidemiological anal-
ysis and investigation of novel strains; 
‘‘(iv) the sharing of biological speci-
mens and epidemiological and clinical data 
within and across States; and 
‘‘(v) other activities determined appro-
priate by the Secretary. 
‘‘(3) DETAIL
OF
OFFICERS.—The Secretary 
may detail officers to States for technical assistance 
as needed to carry out this subsection. 
‘‘(d) PRIVATE SECTOR INVOLVEMENT.— 
‘‘(1) IN
GENERAL.—The Secretary, acting 
through the Director of the Centers for Disease
Control and Prevention and the Administrator of the 
Health Resources and Services Administration, and 
in coordination with private sector entities, shall in-
tegrate and coordinate public and private influenza 
surveillance activities, as appropriate. 
‘‘(2) GRANT PROGRAM.— 
‘‘(A) IN GENERAL.—In carrying out the 
activities under paragraph (1), the Secretary 
may establish a grant program, or expand exist-
ing grant programs, to provide funding to eligi-
ble entities to coordinate or integrate as appro-
priate, pandemic preparedness surveillance ac-
tivities between States and private health sector 
entities, including hospitals, health plans, and 
other health systems. 
‘‘(B) ELIGIBILITY.—To be eligible to re-
ceive a grant under subparagraph (A), an entity 
shall submit an application at such time, in 
such manner, and containing such information 
as the Secretary may require. 
‘‘(C) USE
OF
FUNDS.—Funds under a 
grant under subparagraph (A) may be used 
to—
‘‘(i) develop and implement surveil-
lance protocols for patients in outpatient 
and hospital settings; 
‘‘(ii) establish a communication alert 
plan for patients for reportable signs and 
symptoms that may suggest influenza; 
‘‘(iii) plan for the vaccination of popu-
lations and, if appropriate, dissemination 
of antiviral drugs; 
‘‘(iv) purchase necessary equipment 
and supplies; 
‘‘(v) increase laboratory testing and 
networking capacity; 
‘‘(vi) 
conduct 
epidemiological 
and 
other analyses; or 
‘‘(vii) report and disseminate data. 
‘‘(D) DETAIL
OF
OFFICERS.—The Sec-
retary may detail officers to grantees under 
subparagraph (A) for technical assistance. 
‘‘(E) REQUIREMENT.—As a condition of 
receiving a grant under subparagraph (A), a 
State shall have a plan to meet minimum 
thresholds for State influenza surveillance es-
tablished by the Director of the Centers for 
Disease Control and Prevention in coordination
with the Secretary of Agriculture under sub-
section (b). 
‘‘(e) PROCUREMENT OF ANTIVIRALS FOR THE STRA-
TEGIC NATIONAL STOCKPILE.—The Secretary shall take 
immediate action to procure for the Strategic National 
Stockpile described under section 319F-2 antivirals need-
ed to prevent or treat infection during a pandemic influ-
enza, including possible pandemic avian influenza, for at 
least 50 percent of the population. 
‘‘(f) PROCUREMENT OF VACCINES FOR THE STRA-
TEGIC NATIONAL STOCKPILE.—Subject to development 
and testing of potential vaccines for pandemic influenza, 
including possible pandemic avian influenza, the Secretary 
shall determine the minimum number of doses of vaccines 
needed to prevent infection during at least the first wave 
of pandemic influenza for health professionals (including 
doctors, nurses, mental health professionals, pharmacists, 
laboratory personnel, epidemiologists, virologists, and pub-
lic health practitioners), core public utility employees, and 
those persons expected to be at high risk for serious mor-
bidity and mortality from pandemic influenza, and take 
immediate steps to procure this minimum number of doses 
for the Strategic National Stockpile described under sec-
tion 319F–2.
‘‘(g) PROCUREMENT OF ESSENTIAL MEDICATIONS.— 
The Secretary shall, as soon as is practicable, take action 
to procure for the Strategic National Stockpile essential 
medications and other supplies that may be needed in the 
event of a pandemic. 
‘‘(h) NATIONAL TRACKING AND DISTRIBUTION SYS-
TEM FOR VACCINES AND ANTIVIRALS.— 
‘‘(1) IN GENERAL.—The Secretary shall develop 
and implement a national system for the tracking 
and distribution of antiviral medications and vac-
cines in order to prepare and respond to pandemic 
influenza. 
‘‘(2) SYSTEM.—The system developed under 
paragraph (1) shall— 
‘‘(A) allow for the electronic tracking of all 
domestically available antiviral medication and 
vaccines for pandemic influenza; 
‘‘(B) anticipate shortages, and alert offi-
cials if shortages are expected in such medica-
tions and vaccines; 
‘‘(C) 
target 
distribution 
to 
high-risk 
groups, including health professionals and relief 
personnel and other individuals determined to 
be most susceptible to disease or death from 
pandemic flu;
‘‘(D) ensure equitable distribution, particu-
larly across low-income and other underserved 
groups; and 
‘‘(E) integrate with existing State and 
local systems as appropriate. 
‘‘(i) REIMBURSEMENTS.—The Secretary shall have 
the authority to reimburse State and local health depart-
ments for expenditures related to influenza vaccine pur-
chase and administration during a public health emer-
gency under section 319(a). 
‘‘SEC. 2145. PROPOSAL FOR INTERNATIONAL FUND TO SUP-
PORT PANDEMIC INFLUENZA CONTROL. 
‘‘(a) IN GENERAL.—The Director of Pandemic Pre-
paredness and Response should submit to the Director of 
the World Health Organization a proposal to study the 
feasibility of establishing a fund, (referred to in this sec-
tion as the ‘Pandemic Fund’) to support pre-pandemic in-
fluenza control, surveillance, and relief activities con-
ducted in countries affected by avian influenza or other 
viruses likely to cause pandemic influenza. 
‘‘(b) CONTENT OF PROPOSAL.—The proposal sub-
mitted under subsection (a) shall describe, with respect 
to the Pandemic Fund— 
‘‘(1) funding sources; 
‘‘(2) administration;
‘‘(3) application process by which a country 
may apply to receive assistance from such Fund; 
‘‘(4) factors used to make a determination re-
garding a submitted application, which may in-
clude— 
‘‘(A) the gross domestic product of the ap-
plicant country; 
‘‘(B) the burden of need, as determined by 
estimated human morbidity and mortality and 
economic impact related to pandemic influenza 
and the existing capacity and resources of the 
applicant country to control the spread of the 
disease; and 
‘‘(C) the willingness of the country to co-
operate with other countries with respect to 
preventing and controlling the spread of the 
pandemic influenza; and 
‘‘(5) any other information the Secretary deter-
mines necessary. 
‘‘(c) USE OF FUNDS.—Funds from any Pandemic 
Fund established as provided for in this section shall be 
used to complement and augment ongoing bilateral pro-
grams and activities from the United States and other 
donor nations, or establish new programs as needed.
‘‘SEC. 2146. INTERNATIONAL DIPLOMATIC AND DEVELOP-
MENT STRATEGY. 
‘‘(a) POLICY.—It is the policy of the United States 
to develop and implement a comprehensive diplomatic 
strategy targeted at (but not limited to) nations in South-
east and East Asia that are most at risk for an outbreak 
of the avian influenza, including Cambodia, China, Laos, 
Thailand, Indonesia, and Vietnam, in order to strengthen 
international public health structures to detect, prevent, 
and effectively respond to an outbreak of the avian flu. 
‘‘(b) STRATEGY.—The strategy developed and imple-
mented under subsection (a) shall include— 
‘‘(1) 
supporting 
information 
sharing 
and 
strengthening surveillance, and rapid response ca-
pacities in key nations, including the development of 
pandemic preparedness and response plans; 
‘‘(2) issuing demarches to key nations in the re-
gion urging additional cooperation and coordination 
with the United States, regional governments, and 
international organizations; 
‘‘(3) provide for regular visits by cabinet-level 
officials of the United States Government, including 
the Secretary of State, Secretary of Health and 
Human Services, Secretary of Agriculture, Secretary 
of Homeland Security, and Secretary of Defense, to
key nations in Southeast and East Asia in order to 
enhance cooperation; 
‘‘(4) expanding ongoing technical assistance 
programs, including training of personnel, procuring 
laboratory equipment, logistics support, bio-safety 
procedures, quality control, and case detection inves-
tigation techniques; 
‘‘(5) exchanges of scientists and medical per-
sonnel engaged in significant work on issues related 
to avian flu; 
‘‘(6) encouraging regional governments to im-
plement viable compensation schemes to encourage 
reporting by poultry farmers of cases of avian influ-
enza in commercial flocks; 
‘‘(7) forward deployment of additional United 
States Government science and medical personnel to 
embassies and consulates in the region; 
‘‘(8) public awareness campaigns in the region, 
including increased involvement of the Broadcasting 
Board of Governors and Voice of America, to ensure 
timely and accurate dissemination of information; 
‘‘(9) using the voice and vote of the United 
States at meeting of appropriate international orga-
nizations to support the aforementioned efforts; and
‘‘(10) integrating the private sector, especially 
those entities with a strong presence in the region, 
into this effort. 
‘‘SEC. 2147. INTERNATIONAL PANDEMIC INFLUENZA AS-
SISTANCE. 
‘‘(a) IN GENERAL.—The Secretary shall assist other 
countries in preparation for, and response to, pandemic 
influenza, including possible pandemic avian influenza. 
‘‘(b) INTERNATIONAL SURVEILLANCE.— 
‘‘(1) IN
GENERAL.—The Secretary, acting 
through the Director of the Centers for Disease 
Control and Prevention, and in collaboration with 
the Secretary of Agriculture, in consultation with the 
World Health Organization and the World Organiza-
tion for Animal Health, shall establish minimum 
standards for surveillance capacity for all countries 
with respect to viral strains with pandemic potential, 
including avian influenza. 
‘‘(2) ASSISTANCE.—The Secretary and the Sec-
retary of Agriculture shall assist other countries to 
meet the standards established in paragraph (1) 
through— 
‘‘(A) the detail of officers to foreign coun-
tries for the provision of technical assistance or 
training;
‘‘(B) laboratory testing, including testing 
of specimens for viral isolation or subtype anal-
ysis; 
‘‘(C) epidemiological analysis and inves-
tigation of novel strains; 
‘‘(D) provision of equipment or supplies; 
‘‘(E) coordination of surveillance activities 
within and among countries; 
‘‘(F) the establishment and maintenance of 
an Internet database that is accessible to health 
officials domestically and internationally, for 
the purpose of reporting new cases or clusters 
of influenza and other information that may 
help avert the pandemic spread of influenza; 
and 
‘‘(G) other activities as determined nec-
essary by the Secretary. 
‘‘(c) INCREASED INTERNATIONAL MEDICAL CAPAC-
ITY DURING PANDEMIC INFLUENZA.—Notwithstanding 
any other provision of law, the Secretary, in consultation 
with the Secretary of State, may provide vaccines, 
antiviral medications, and supplies to foreign countries 
from the Strategic National Stockpile described under sec-
tion 319F–2.
‘‘(d) ASSISTANCE
TO FOREIGN COUNTRIES.—The 
Centers for Disease Control and Prevention and the 
Health Resources and Services Administration may pro-
vide assistance to foreign countries in carrying out this 
section, which may include the detail of an officer to ap-
proved international pandemic sites or the purchase of 
equipment and supplies. 
‘‘SEC. 2148. PUBLIC EDUCATION AND AWARENESS CAM-
PAIGN. 
‘‘(a) IN GENERAL.—The Director of the Centers for 
Disease Control and Prevention, in consultation with the 
United States Agency for International Development, the 
World Health Organization, the World Organization for 
Animal Health, and foreign countries, shall develop an 
outreach campaign with respect to public education and 
awareness of influenza and influenza preparedness. 
‘‘(b) DETAILS OF CAMPAIGN.—The campaign estab-
lished under subsection (a) shall— 
‘‘(1) be culturally and linguistically appropriate 
for domestic populations; 
‘‘(2) be adaptable for use in foreign countries; 
‘‘(3) target high-risk populations (those most 
likely to contract, transmit, and die from influenza);
‘‘(4) promote personal influenza precautionary 
measures and knowledge, and the need for general 
vaccination, as appropriate; and 
‘‘(5) describe precautions at the State and local 
level that could be implemented during pandemic in-
fluenza, including quarantine and other measures. 
‘‘SEC. 2149. HEALTH PROFESSIONAL TRAINING. 
‘‘The Secretary, directly or through contract, and in 
consultation with professional health and medical soci-
eties, shall develop and disseminate pandemic influenza 
training curricula— 
‘‘(1) to educate and train health professionals, 
including physicians, nurses, public health practi-
tioners, virologists and epidemiologists, veterinar-
ians, mental health providers, allied health profes-
sionals, and paramedics and other first responders; 
‘‘(2) to educate and train volunteer, non-med-
ical personnel whose assistance may be required dur-
ing a pandemic influenza outbreak; and 
‘‘(3) that address prevention, including use of 
quarantine and other isolation precautions, pan-
demic influenza diagnosis, medical guidelines for use 
of antivirals and vaccines, and professional require-
ments and responsibilities, as appropriate.
‘‘SEC. 2150. RESEARCH AT THE NATIONAL INSTITUTES OF 
HEALTH. 
‘‘The Director of the National Institutes of Health 
(referred to in this section as the ‘Director of NIH’), in 
collaboration with the Director of the Centers for Disease 
Control and Prevention, and other relevant agencies, shall 
expand and intensify human and animal research, with re-
spect to influenza, on— 
‘‘(1) vaccine development and manufacture, in-
cluding strategies to increase immunological re-
sponse; 
‘‘(2) effectiveness of inducing heterosubtypic 
immunity; 
‘‘(3) antigen-sparing studies; 
‘‘(4) antivirals, including minimal dose or 
course of treatment and timing to achieve prophy-
lactic or therapeutic effect; 
‘‘(5) side effects and drug safety of vaccines 
and antivirals in subpopulations; 
‘‘(6) alternative routes of delivery of vaccines, 
antivirals, and other medications as appropriate; 
‘‘(7) more efficient methods for testing and de-
termining virus subtype; 
‘‘(8) protective measures; 
‘‘(9) modes of influenza transmission;
‘‘(10) effectiveness of masks, hand-washing, 
and other non-pharmaceutical measures in pre-
venting transmission; 
‘‘(11) improved diagnostic tools for influenza; 
and 
‘‘(12) other areas determined appropriate by 
the Director of NIH. 
‘‘SEC. 2151. RESEARCH AT THE CENTERS FOR DISEASE CON-
TROL AND PREVENTION. 
‘‘The Director of the Centers for Disease Control and 
Prevention, in collaboration with other relevant agencies, 
shall expand and intensify research, with respect to influ-
enza, on— 
‘‘(1) historical research on prior pandemics to 
better understand pandemic epidemiology, trans-
mission, protective measures, high-risk groups, and 
other lessons that may be applicable to future pan-
demic; 
‘‘(2) communication strategies for the public 
during pandemic influenza, taking into consideration 
age, racial and ethnic background, health literacy, 
and risk status; 
‘‘(3) changing and influencing human behavior 
as it relates to vaccination;
‘‘(4) development and implementation of a pub-
lic, non-commercial and non-competitive broadcast 
system and person-to-person networks; 
‘‘(5) population-based surveillance methods to 
estimate influenza infection rates and rates of out-
patient illness; 
‘‘(6) vaccine effectiveness; 
‘‘(7) systems to monitor vaccination coverage 
levels and adverse events from vaccination; and 
‘‘(8) other areas determined appropriate by the 
Director of the Centers for Disease Control and Pre-
vention. 
‘‘SEC. 2152. INSTITUTE OF MEDICINE STUDY ON THE LEGAL, 
ETHICAL, AND SOCIAL IMPLICATIONS OF 
PANDEMIC INFLUENZA. 
‘‘(a) IN GENERAL.—The Secretary shall contract 
with the Institute of Medicine to— 
‘‘(1) study the legal, ethical, and social implica-
tions of, with respect to pandemic influenza— 
‘‘(A) animal/human interchange; 
‘‘(B) global surveillance; 
‘‘(C) case contact investigations; 
‘‘(D) vaccination and medical treatment; 
‘‘(E) community hygiene; 
‘‘(F) travel and border controls;
‘‘(G) decreased social mixing and increased 
social distance; 
‘‘(H) civil confinement; and 
‘‘(I) other topics as determined appropriate 
by the Secretary; and 
‘‘(2) not later than 1 year after the date of en-
actment of the Pandemic Preparedness and Re-
sponse Act, submit to the Secretary a report that 
describes recommendations based on the study con-
ducted under paragraph (1). 
‘‘(b) IMPLEMENTATION
OF RECOMMENDATIONS.— 
Not later than 90 days after the submission of the report 
of under subsection (a)(2), the Secretary shall address the 
recommendations of the Institute of Medicine regarding 
the domestic and international allocation and distribution 
of pandemic influenza vaccine and antivirals. 
‘‘SEC. 2153. NATIONAL PANDEMIC INFLUENZA ECONOMICS 
ADVISORY COMMITTEE. 
‘‘(a) IN GENERAL.—There is established the National 
Pandemic Influenza Economics Advisory Committee (re-
ferred to in this section as the ‘Committee’). 
‘‘(b) MEMBERSHIP.— 
‘‘(1) IN GENERAL.—The members of the Com-
mittee shall be appointed by the Comptroller General 
of the United States and shall include domestic and
international experts on pandemic influenza, public 
health, veterinary science, commerce, economics, fi-
nance, and international diplomacy. 
‘‘(2) CHAIR.—The Comptroller General of the 
United States shall select a Chair from among the 
members of the Committee. 
‘‘(c) DUTIES.—The Committee shall study and make 
recommendations to Congress and the Secretary on the 
financial and economic impact of pandemic influenza and 
possible financial structures for domestic and inter-
national pandemic response, relating to— 
‘‘(1) the development, storage, and distribution 
of vaccines; 
‘‘(2) the development, storage, and distribution 
of antiviral and other medications and supplies; 
‘‘(3) increased surveillance activities; 
‘‘(4) provision of preventive and medical care 
during pandemic; 
‘‘(5) reimbursement for health providers and 
other core public function employees; 
‘‘(6) reasonable compensation for farmers and 
other workers that bear direct or disproportionate 
loss of revenue; and 
‘‘(7) other issues determined appropriate by the 
Chair.
‘‘(d) COMPENSATION.— 
‘‘(1) IN GENERAL.—Each member of the Com-
mittee who is not an officer or employee of the Fed-
eral Government shall be compensated at a rate 
equal to the daily equivalent of the annual rate of 
basic pay prescribed for level IV of the Executive 
Schedule under section 5315 of title 5, United 
States Code, for each day (including travel time) 
during which such member is engaged in the per-
formance of the duties of the Committee. All mem-
bers who are officers or employees of the United 
States shall serve without compensation in addition 
to that received for their services as officers or em-
ployees of the United States. 
‘‘(2) TRAVEL
EXPENSES.—A member of the 
Committee shall be allowed travel expenses, includ-
ing per diem in lieu of subsistence, at rates author-
ized for an employee of an agency under subchapter 
I of chapter 57 of title 5, United States Code, while 
away from the home or regular place of business of 
the member in the performance of the duties of the 
Committee. 
‘‘(e) STAFF.— 
‘‘(1) IN
GENERAL.—The Chair of the Com-
mittee shall provide the Committee with such profes-
sional and clerical staff, such information, and the 
services of such consultants as may be necessary to 
assist the Committee in carrying out the functions 
under this section. 
‘‘(2) DETAIL OF FEDERAL GOVERNMENT EM-
PLOYEES.— 
‘‘(A) IN GENERAL.—An employee of the 
Federal Government may be detailed to the 
Committee without reimbursement. 
‘‘(B) CIVIL SERVICE STATUS.—The detail 
of the employee shall be without interruption or 
loss of civil service status or privilege. 
‘‘(3) PROCUREMENT
OF
TEMPORARY
AND 
INTERMITTENT SERVICES.—The Chair of the Com-
mittee may procure temporary and intermittent serv-
ices in accordance with section 3109(b) of title 5, 
United States Code, at rates for individuals that do 
not exceed the daily equivalent of the annual rate of 
basic pay prescribed for level V of the Executive 
Schedule under section 5316 of that title. 
‘‘SEC. 2154. PANDEMIC INFLUENZA AND ANIMAL HEALTH. 
‘‘(a) IN GENERAL.—The Secretary of Agriculture 
shall expand and intensify efforts to prevent pandemic in-
fluenza, including possible pandemic avian influenza.
‘‘(b) REPORT.—Not later than 180 days after the 
date of enactment this Act, the Secretary of Agriculture 
shall submit to Congress a report that describes the antici-
pated impact of pandemic influenza on the United States. 
‘‘(c) ASSISTANCE.—The Secretary of Agriculture, in 
consultation with the Secretary of Health and Human 
Services, the World Health Organization, and the World 
Organization for Animal Health, shall provide domestic 
and international assistance with respect to pandemic in-
fluenza preparedness to— 
‘‘(1) support the eradication of infectious ani-
mal diseases and zoonosis; 
‘‘(2) increase transparency in animal disease 
states; 
‘‘(3) collect, analyze, and disseminate veterinary 
data; 
‘‘(4) strengthen international coordination and 
cooperation in the control of animal diseases; and 
‘‘(5) promote the safety of world trade in ani-
mals and animal products. 
‘‘(d) ELECTRONIC DATABASE.—The Secretary of Ag-
riculture, in conjunction with the Secretary of Health and 
Human Services, shall establish an electronic disease sur-
veillance database in order to trace the incidence of avian
influenza in both animals and humans in the United 
States. 
‘‘(e) IMPROVEMENTS
IN
THE NATIONAL ANIMAL 
HEALTH LABORATORY NETWORK.—The Secretary of Ag-
riculture shall evaluate the National Animal Health Lab-
oratory Network and make recommendations for improve-
ments to participating laboratories and other State animal 
health laboratories to rapidly diagnose and research avian 
influenza outbreaks. 
‘‘(f) COMMUNICATIONS LIAISONS.— 
‘‘(1) IN
GENERAL.—The Secretary of Agri-
culture jointly with the Secretary of Homeland Secu-
rity shall designate a liaison in each State to facili-
tate and coordinate communications among and be-
tween States in the event of an agriculture emer-
gency. 
‘‘(2) FUNCTIONS.—Each liaison designated 
under paragraph (1) shall— 
‘‘(A) be the central point of contact for 
animal health in communications with the De-
partment of Agriculture and the Department of 
Homeland Security; 
‘‘(B) communicate Federal preparedness 
and response plans to State and local agri-
culture officials and veterinarians; and
‘‘(C) communicate concerns from State 
and local agriculture officials and veterinarians 
to the Department of Agriculture and Depart-
ment of Homeland Security and the Depart-
ment of Health and Human Services. 
‘‘Subtitle 4—Strengthening Public 
Health Immunization Capacity 
and Supply 
‘‘SEC. 2161. FINDINGS. 
‘‘Congress finds that— 
‘‘(1) effective pandemic influenza preparedness 
and response is dependent upon the existence of 
solid public health infrastructure to combat seasonal 
flu; 
‘‘(2) the domestic surveillance and vaccine pro-
duction and distribution capabilities needed in a 
time of crisis should be well established and active 
in a non-crisis capacity to enable a more efficient re-
sponse to pandemic influenza; and 
‘‘(3) each State receiving Federal funds should 
have a State Immunization Program Coordinator, 
who should be responsible for coordinating and im-
plementing activities related to influenza. 
‘‘SEC. 2162. VACCINE SUPPLY. 
‘‘(a) REQUESTS FOR MORE DOSES.—
‘‘(1) IN GENERAL.—Not later than March 15 of 
each year, the Secretary shall enter into contracts 
with manufacturers to produce such additional doses 
of the influenza vaccine as determined necessary by 
the Secretary. 
‘‘(2) CONTENT OF CONTRACT.—A contract for 
additional doses shall provide that the manufacturer 
will be compensated by the Secretary at an equitable 
rate negotiated by the Secretary and the manufac-
turer for any doses that— 
‘‘(A) were not sold by the manufacturer 
through routine market mechanisms at the end 
of the influenza season for that year; and 
‘‘(B) were requested by the Secretary to be 
produced by such manufacturer. 
‘‘(3) 
WHEN
SUCH
VACCINE
PURCHASES 
SHOULD TAKE PLACE.—The Secretary may purchase 
from the manufacturer the doses for which it has 
contracted at any time after which it is determined 
by the Secretary, in consultation with the manufac-
turer, that the doses will likely not be absorbed by 
the private market. 
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
such sums as may be necessary.
‘‘SEC. 2163. DISCONTINUANCE OF INFLUENZA VACCINE. 
‘‘(a) IN GENERAL.— 
‘‘(1) NOTICE TO SECRETARY.—A manufacturer 
of the influenza vaccine shall notify the Secretary of 
a discontinuance of the manufacture of the vaccine 
at least 12 months prior to the date of the dis-
continuance. 
‘‘(2) DIRECTOR
OF
CENTERS
FOR
DISEASE 
CONTROL AND PREVENTION.—Promptly after receiv-
ing a notice under paragraph (1), the Secretary shall 
inform the Director of the Centers for Disease Con-
trol and Prevention of the notice. Promptly after de-
termining that a reduction under subsection (b) ap-
plies with respect to such a notice, the Secretary 
shall inform such Director of the reduction. 
‘‘(3) RELATIONSHIP TO SEPARATE NOTICE PRO-
GRAM.—In the case of influenza vaccine that is ap-
proved by the Secretary and is a drug described in 
section 506C(a), this section applies to the vaccine 
in lieu of section 506C. 
‘‘(b) REDUCTION IN NOTIFICATION PERIOD.—The 
notification period required under subsection (a) for a 
manufacturer may be reduced if the manufacturer certifies 
to the Secretary that good cause exists for the reduction, 
such as a situation in which—
‘‘(1) a public health problem may result from 
continuation of the manufacturing for the 12-month 
period; 
‘‘(2) a biomaterials shortage prevents the con-
tinuation of the manufacturing for the 12-month pe-
riod; 
‘‘(3) continuation of the manufacturing for the 
12-month period may cause substantial economic 
hardship for the manufacturer; 
‘‘(4) the manufacturer has filed for bankruptcy 
under chapter 7 or 11 of title 11, United States 
Code; or 
‘‘(5) the manufacturer can continue the dis-
tribution of the vaccine involved for 12 months. 
‘‘(c) DISTRIBUTION.—To the maximum extent prac-
ticable, the Secretary shall distribute information on the 
discontinuation of the manufacture of influenza vaccines 
to appropriate physician and patient organizations. 
‘‘SEC. 2164. SHORTAGE PREPAREDNESS AND RESPONSE. 
‘‘(a) EMERGENCY RESPONSE PLANS REGARDING 
SHORTAGES.— 
‘‘(1) 
NATIONAL
EMERGENCY
RESPONSE 
PLAN.—The Secretary shall develop and maintain a 
national plan for the response to potential shortages 
in supplies of influenza vaccines that would con-
stitute public health emergencies. The plan shall in-
clude provisions with respect to communication 
among relevant entities, distribution of available 
supplies of the influenza vaccine involved, the des-
ignation of populations to be given priority for im-
munizations, interactions with State and local gov-
ernments, the use of the National Stockpile, and 
special considerations for specific vaccines. The ini-
tial plan shall be completed not later than 12 
months after the date of the enactment of this sec-
tion. 
‘‘(2) STATE
EMERGENCY
RESPONSE
PLAN.— 
Each State that receives funds under this Act shall, 
not later than 6 months after the date on which the 
National Plan is issued under paragraph (1), de-
velop, through the State Immunization Coordinator, 
a State Emergency Response Plan that is modeled 
on the National Plan. 
‘‘SEC. 2165. PROVISIONS TO INCREASE VACCINE COVERAGE 
RATES. 
‘‘(a) IN GENERAL.—The Secretary shall develop a 
plan for the distribution of seasonal flu vaccines to ensure 
that uninsured and underinsured adults and children have 
access to annual influenza vaccines and vaccines for condi-
tions potentially exacerbated by exposure to pandemic in-
fluenza. Immunizations should be available to such popu-
lations as well as children in the VFC program through 
a wide variety of providers including both Federally quali-
fied health centers and State and local health depart-
ments. 
‘‘(b) REQUIREMENT.—The Secretary shall— 
‘‘(1) conduct an assessment to determine the 
number of adults in need of vaccinations and the 
barriers to vaccinating adults; and 
‘‘(2) develop and implement strategies to in-
crease the rate of immunizations in populations in 
which a significant number of individuals have not 
received immunizations with the federally rec-
ommended vaccines (as defined in section 317A(g)) 
for the populations. 
‘‘(c) DEFINITION.—For purposes of this section, the 
term ‘adult’ means an individual who is not a child as de-
fined in section 1928 of the Social Security Act. 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to carry out this section, 
such sums as may be necessary. 
‘‘SEC. 2166. OUTREACH, COMMUNICATION, EDUCATION. 
‘‘(a) EDUCATION PROGRAM REGARDING ADULT IM-
MUNIZATIONS.—The Secretary, acting through the Direc-
tor of the Centers for Disease Control and Prevention (in
this section referred to as the ‘Director’), shall conduct 
a public awareness campaign and education and outreach 
efforts each year during the time period preceding the in-
fluenza season on each of the following: 
‘‘(1) The importance of receiving the influenza 
vaccine. 
‘‘(2) Which populations the Director rec-
ommends to receive the influenza vaccine to prevent 
health complications associated with influenza, in-
cluding health care workers and their household con-
tacts. 
‘‘(3) Professional medical education of physi-
cians, nurses, pharmacists, and other health care 
providers and such providers’ associated organiza-
tions. 
‘‘(4) Information that emphasizes the safety 
and benefit of recommended vaccines for the public 
good. 
‘‘(b) OUTREACH TO MEDICARE RECIPIENTS.— 
‘‘(1) PROGRAM.— 
‘‘(A) IN GENERAL.—The Director, in con-
sultation with the Administrator of the Centers 
for Medicare & Medicaid Services, shall, at the 
earliest possible time in the influenza vaccine 
planning and production process, reach out to
providers of medicare services, including man-
aged care providers, nursing homes, hospitals, 
and physician offices to urge early and full 
preordering of the influenza vaccine so that pro-
duction levels can accommodate the needs for 
the influenza vaccine. 
‘‘(B) RATES
OF
IMMUNIZATION
AMONG 
MEDICARE
RECIPIENTS.—The Director shall 
work with the Administrator of the Centers for 
Medicare & Medicaid Services to publish the 
rates of influenza immunization among individ-
uals receiving assistance under the medicare 
program under title XVIII of the Social Secu-
rity Act (42 U.S.C. 1395 et seq.). 
‘‘(2) STATE AND PUBLIC HEALTH ADULT IMMU-
NIZATION ACTIVITIES.—The Director shall support 
the development of State adult immunization pro-
grams that place emphasis on improving influenza 
vaccine delivery to high-risk populations and the 
general population, including the exploration of im-
proving access to the influenza vaccine. 
‘‘(3) EXISTING MODES OF COMMUNICATION.— 
In carrying out the public awareness campaign and 
education and outreach efforts under paragraph (1)
and (2), the Director may use existing websites or 
structures for communication. 
‘‘(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to carry out 
this subsection $10,000,000 for each of fiscal years 
2005 through 2009. 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—For the 
purpose of carrying out this section, there are authorized 
to be appropriated such sums as may be necessary for 
each of the fiscal years 2006 through 2010.’’. 
SEC. 4. UNFAIR OR DECEPTIVE ACTS OR PRACTICES IN 
COMMERCE RELATED TO TREATMENTS FOR 
PANDEMIC INFLUENZA. 
Part B of title III of the Public Health Service Act 
(42 U.S.C. 243 et seq.) is amended by inserting after sec-
tion 319K the following section: 
‘‘SEC. 319L. UNFAIR OR DECEPTIVE ACTS OR PRACTICES IN 
COMMERCE RELATED TO TREATMENTS FOR 
PANDEMIC INFLUENZA. 
‘‘(a) SALES TO CONSUMERS AT UNCONSCIONABLE 
PRICE.— 
‘‘(1) IN GENERAL.—During any public health 
emergency declared by the Secretary under section 
319 related to pandemic influenza, it shall be unlaw-
ful for any person to sell any drug (including an
anti-viral drug), device, or biologic for the prevention 
or treatment of influenza in, or for use in, the area 
to which that declaration applies at a price that— 
‘‘(A) is unconscionably excessive (as deter-
mined by the Secretary); or 
‘‘(B) indicates the seller is taking unfair 
advantage of the circumstances to increase 
prices unreasonably. 
‘‘(2) FACTORS TO BE CONSIDERED.—In deter-
mining whether a violation of paragraph (1) has oc-
curred, a court shall take into account, among other 
factors, whether— 
‘‘(A) the amount charged represents a 
gross disparity between the price of a drug, de-
vice, or biologic for the prevention or treatment 
of influenza and the price at which the drug, 
device, or biologic was offered for sale in the 
usual course of the seller’s business immediately 
prior to the public health emergency; or 
‘‘(B) the amount charged grossly exceeds 
the price at which the same or similar drug, de-
vice, or biologic for the prevention or treatment 
of influenza was readily obtainable by other 
purchasers in the area in which the declaration 
applies.
‘‘(3) MITIGATING
FACTORS.—In determining 
whether a violation of paragraph (1) has occurred, 
the court shall also take into account, among other 
factors, the price that would reasonably equate sup-
ply and demand in a competitive and freely func-
tioning market and whether the price at which the 
drug, device, or biologic for the prevention or treat-
ment of influenza was sold reasonably reflects addi-
tional costs, not within the control of the seller, that 
were paid or incurred by the seller. 
‘‘(b) FALSE PRICING INFORMATION.—It shall be un-
lawful for any person to report information related to the 
wholesale price of any drug, device, or biologic for the pre-
vention or treatment of influenza to the Secretary if— 
‘‘(1) that person knew, or reasonably should 
have known, the information to be false or mis-
leading; 
‘‘(2) the information was required by law to be 
reported; and 
‘‘(3) the person intended the false or misleading 
data to affect data compiled by the department or 
agency involved for statistical or analytical purposes 
with respect to the market for drugs, devices, or bio-
logics for the prevention or treatment of influenza.
‘‘(c) MARKET MANIPULATION.—It shall be unlawful 
for any person, directly or indirectly, to use or employ, 
in connection with the purchase or sale of drugs, devices, 
or biologics for the prevention or treatment of influenza 
at wholesale, any manipulative or deceptive device or con-
trivance, in contravention of such rules and regulations 
as the Secretary may prescribe as necessary or appro-
priate in the public interest or for the protection of United 
States citizens.’’. 
SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
as may be necessary to carry out this Act (and the amend-
ments made by this Act) for each of the fiscal years 2006 
through 2010. 
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