‘‘(ii) the plaintiff or the defendant al-
leges that a Federal declaration has been 
issued with respect to the vaccine (without 
regard to whether section 2141(a) is speci-
fied), or the defendant alleges that Federal 
law grants the defendant immunity from li-
ability for the injury (without regard to 
whether the defendant states that the de-
fendant is a covered person under this sec-
tion), or both. 
‘‘(g) COOPERATION
OF COVERED PERSON WITH 
FEDERAL GOVERNMENT.— 
‘‘(1) IN GENERAL.—This section applies with 
respect to a covered person only if the person co-
operates with the United States in the processing 
and defense of the claim or action involved. 
‘‘(2) CONSEQUENCES OF FAILURE TO COOPER-
ATE.—Upon the motion of the United States or any 
other party and upon finding that a covered person 
has failed to cooperate within the meaning of para-
graph (1)— 
‘‘(A) the court shall substitute such person 
as the party defendant in place of the United 
States and, upon motion, shall remand any 
such suit to the court in which it was instituted
if it appears that the court lacks subject matter 
jurisdiction; 
‘‘(B) the United States shall not be liable 
based on the acts or omissions of such person; 
and 
‘‘(C) the Attorney General shall not be ob-
ligated to defend such action. 
‘‘(h) RECOURSE AGAINST COVERED PERSON IN CASE 
OF GROSS MISCONDUCT OR CONTRACT VIOLATION.— 
‘‘(1) IN GENERAL.—Should payment be made 
by the United States to any claimant bringing a 
claim pursuant to this section, either by way of ad-
ministrative determination, settlement, or court 
judgment, the United States shall have, notwith-
standing any provision of State law, the right to re-
cover for that portion of the damages so awarded or 
paid, as well as interest and any costs of litigation, 
resulting from the failure of any covered person to 
carry out any obligation or responsibility assumed by 
such person under a contract with the United States 
or from any grossly negligent, reckless, or illegal 
conduct or willful misconduct on the part of such 
person. 
‘‘(2) VENUE.—The United States may bring an 
action pursuant to paragraph (1) against such per-
son in the judicial district of the United States in 
which such person resides or has its principal place 
of business.’’. 
SEC. 102. ADDITIONAL FUNDING FOR VARIOUS PROGRAMS 
AND ACTIVITIES RELATING TO SEASONAL 
AND PANDEMIC INFLUENZA. 
(a) IN GENERAL.—With respect to influenza, there 
is authorized to be appropriated, as described in sub-
sections (b) and (c), a total of $1,975,000,000 in addition 
to amounts otherwise authorized to be appropriated. 
(b) FISCAL YEAR 2006.—In addition to amounts oth-
erwise authorized to be appropriated for fiscal year 2006 
for the following programs and activities, there are author-
ized to be appropriated for such fiscal year for such pro-
grams and activities the following amounts: 
(1) 
For 
seasonal 
influenza 
vaccine, 
$465,000,000, to remain available until expended, 
subject to providing for 15,000,000 doses in fiscal 
year 2006 and increasing to 35,000,000 doses in fis-
cal year 2008. 
(2) For removing the unfunded mandate on 
States for purchasing anti-virals, $510,000,000, to 
remain available until expended.
(3) For funding for States and local govern-
ments for pandemic influenza planning activities, 
$200,000,000, to remain available until expended. 
(4) For an international effort lead by the 
United States to detect and contain an influenza 
pandemic, $500,000,000, to remain available until 
expended. 
(c) FISCAL YEARS 2006 THROUGH 2010.—In addi-
tion to amounts otherwise authorized to be appropriated 
for fiscal years 2006 through 2010 for States and local 
governments to restore preparedness grants, to increase 
the capacity to provide immunizations against influenza, 
and to develop surge capacity in medical facilities, there 
is authorized to be appropriated for such purposes 
$300,000,000 for each of the fiscal years 2006 through 
2010. 
(d) VACCINE COMPENSATION PROGRAM REGARDING 
PANDEMIC INFLUENZA.—For compensation under part B 
of subtitle 3 of title XXI of the Public Health Service (as 
added by section 101 of this Act), amounts are available 
as provided in section 2153 of such part. 
SEC. 103. ACCOUNTABILITY. 
(a) ANNUAL REPORTS TO CONGRESS.—Subject to 
subsection (b), the Secretary shall annually submit to the