I 
109TH CONGRESS 
1ST SESSION 
H. R. 813
To amend the Public Health Service Act to provide for an influenza vaccine 
awareness campaign, ensure a sufficient influenza vaccine supply, and 
prepare for an influenza pandemic or epidemic, to amend the Internal 
Revenue Code of 1986 to encourage vaccine production capacity, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 15, 2005
Mr. EMANUEL (for himself, Mr. SNYDER, Mr. REYES, Mr. ABERCROMBIE, Mr. 
GUTIERREZ, Mr. HINCHEY, Mrs. MALONEY, Mr. PAYNE, Ms. WOOLSEY, 
Mr. BERRY, Mr. KENNEDY of Rhode Island, Mr. ENGEL, Ms. DELAURO, 
and Mr. FRANK of Massachusetts) introduced the following bill; which 
was referred to the Committee on Energy and Commerce, and in addition 
to the Committee on Ways and Means, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To amend the Public Health Service Act to provide for 
an influenza vaccine awareness campaign, ensure a suffi-
cient influenza vaccine supply, and prepare for an influ-
enza pandemic or epidemic, to amend the Internal Rev-
enue Code of 1986 to encourage vaccine production ca-
pacity, and for other purposes.
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 Protection Act 
of 2005’’. 
TITLE I—FLU VACCINE 
AWARENESS CAMPAIGN 
SEC. 101. AWARENESS CAMPAIGN AND EDUCATION AND 
OUTREACH EFFORTS. 
Part P of title III of the Public Health Service Act 
(42 U.S.C. 280g et seq.) is amended by adding at the end 
the following: 
‘‘SEC. 399O. AWARENESS CAMPAIGN AND EDUCATION AND 
OUTREACH EFFORTS. 
‘‘(a) CAMPAIGN.—The Secretary, acting through the 
Director of the Centers for Disease Control and Preven-
tion (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 pre-
ceding the influenza 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 household contacts. 
‘‘(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) IN GENERAL.—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 pro-
viders of medicare services, including managed care 
providers, nursing homes, hospitals, and physician 
offices to urge early and full preordering of the in-
fluenza vaccine so that production levels can accom-
modate the needs for the influenza vaccine. 
‘‘(2) RATES OF IMMUNIZATION AMONG MEDI-
CARE RECIPIENTS.—The Director shall work with 
the Administrator of the Centers for Medicare & 
Medicaid Services to publish the rates of influenza 
immunization among individuals receiving assistance 
under the medicare program under title XVIII of the 
Social Security Act (42 U.S.C. 1395 et seq.). 
‘‘(c) STATE AND PUBLIC HEALTH ADULT IMMUNIZA-
TION ACTIVITIES.—The Director shall support the devel-
opment of State adult immunization programs that place
emphasis on improving influenza vaccine delivery to high-
risk populations and the general population, including the 
exploration of improving access to the influenza vaccine. 
‘‘(d) EFFICACY
OF VACCINE.—The Director shall 
work with appropriate agencies in conducting a study to 
assess the efficacy of the influenza vaccine. 
‘‘(e) EXISTING MODES OF COMMUNICATION.—In car-
rying out the public awareness campaign and education 
and outreach efforts under subsections (a) and (b), the 
Director may use existing websites or structures for com-
munication. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$10,000,000 for each of fiscal years 2005 through 2009.’’. 
TITLE 
II—ENCOURAGING 
VAC-
CINE PRODUCTION CAPACITY 
SEC. 201. INCENTIVES FOR THE CONSTRUCTION OF VAC-
CINE MANUFACTURING FACILITIES. 
(a) VACCINE MANUFACTURING FACILITIES INVEST-
MENT TAX CREDIT.—
(1) ALLOWANCE OF CREDIT.—Section 46 of the 
Internal Revenue Code of 1986 (relating to amount 
of investment credit) is amended by striking ‘‘and’’ 
at the end of paragraph (1), by striking the period 
at the end of paragraph (2) and inserting ‘‘, and’’,
and by adding at the end the following new para-
graph: 
‘‘(3) the vaccine manufacturing facilities invest-
ment credit.’’. 
(2) AMOUNT OF CREDIT.—Subpart E of part 
IV of subchapter A of chapter 1 of such Code (relat-
ing to rules for computing investment credit) is 
amended by inserting after section 48 the following 
new section: 
‘‘SEC. 48A. VACCINE MANUFACTURING FACILITIES CREDIT. 
‘‘(a) IN GENERAL.—For purposes of section 46, the 
vaccine manufacturing facilities investment credit for any 
taxable year is an amount equal to 20 percent of the quali-
fied investment for such taxable year. 
‘‘(b) QUALIFIED INVESTMENT.—
‘‘(1) IN GENERAL.—For purposes of subsection 
(a), the qualified investment for any taxable year is 
the basis of each vaccine manufacturing facilities 
property placed in service by the taxpayer during 
such taxable year. 
‘‘(2) VACCINE
MANUFACTURING
FACILITIES 
PROPERTY.—For purposes of this section, the term 
‘vaccine manufacturing facilities property’ means 
real and tangible personal property—