SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Pandemic and Seasonal Influenza Act of 2005’’ . 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—DOMESTIC PROGRAMS REGARDING SEASONAL AND 
PANDEMIC INFLUENZA 
Sec. 101. Emergency declaration; compensation program; liability protections. 
Sec. 102. Additional funding for various programs and activities relating to sea-
sonal and pandemic influenza. 
Sec. 103. Accountability. 
Sec. 104. Grants to improve State, local, and hospital preparedness for and re-
sponse to public health emergencies; State pandemic influenza 
preparedness plans. 
Sec. 105. Partnerships for community and hospital preparedness. 
Sec. 106. Purchase of unsold doses of seasonal vaccines. 
Sec. 107. Surveillance. 
Sec. 108. Global Network for Avian Influenza Surveillance. 
Sec. 109. Procurements for Strategic National Stockpile. 
Sec. 110. National tracking and distribution system for vaccines and anti-virals. 
Sec. 111. Public education and awareness campaign. 
Sec. 112. Health professional training. 
Sec. 113. Research at National Institutes of Health. 
Sec. 114. Research at Centers for Disease Control and Prevention. 
Sec. 115. Collaboration with National Science Foundation regarding effective 
communication strategies. 
Sec. 116. Funds for inspections of manufacturing facilities; postmarket safety. 
Sec. 117. Coordination with Department of Homeland Security. 
Sec. 118. Definition. 
TITLE II—PROTECTING HEALTH CARE WORKERS AND FIRST 
RESPONDERS FROM PANDEMIC INFLUENZA 
Sec. 201. Preparedness and response. 
Sec. 202. Relation to States and political subdivisions receiving funds under 
title I. 
TITLE III—INTERNATIONAL ASSISTANCE TO COMBAT THE AVIAN 
INFLUENZA VIRUS 
Sec. 301. Findings. 
Sec. 302. Bilateral assistance. 
Sec. 303. Multilateral assistance. 
Sec. 304. Establishment of multi-donor trust fund. 
Sec. 305. Coordinator of United States assistance to combat the avian influ-
enza virus. 
Sec. 306. Designation of high risk foreign countries and development of country 
strategies.
Sec. 307. United States avian influenza virus early warning system. 
Sec. 308. Report. 
Sec. 309. Definitions. 
Sec. 310. Authorization of appropriations. 
TITLE I—DOMESTIC PROGRAMS 
REGARDING SEASONAL AND 
PANDEMIC INFLUENZA 
SEC. 101. EMERGENCY DECLARATION; COMPENSATION 
PROGRAM; LIABILITY PROTECTIONS. 
Title XXI of the Public Health Service Act (42 
U.S.C. 300aa–1 et seq.) is amended by adding at the end 
the following: 
‘‘Subtitle 3—Pandemic Influenza 
‘‘PART A—EMERGENCY DECLARATION 
REGARDING COVERED COUNTERMEASURE 
‘‘SEC. 2141. EMERGENCY DECLARATION. 
‘‘(a) IN GENERAL.—If the Secretary determines that 
a virus is causing pandemic influenza in humans, or that 
there is a credible risk that a particular virus may in the 
future cause such influenza, the Secretary may, through 
publication in the Federal Register, issue a declaration 
providing that parts B and C (relating to compensation 
for injuries, and to immunity from liability and to civil 
actions against the Federal Government for compensation, 
respectively) are in effect with respect to the counter-
measure or countermeasures specified in the declaration.
‘‘(b) CERTAIN REQUIREMENTS.—A declaration under 
subsection (a) is effective with respect to a counter-
measure for purposes of this subtitle only if the declara-
tion— 
‘‘(1) identifies a category or categories of indi-
viduals and recommends that the countermeasure be 
administered to individuals in such categories for the 
purpose of preventing the influenza involved; and 
‘‘(2) specifies the period during which the dec-
laration will be in effect, including a beginning date 
and an ending date. 
‘‘(c) AMENDMENTS.—The Secretary may, through 
publication in the Federal Register, amend a declaration 
under subsection (a), including an amendment to shorten 
or extend the effective period of the declaration. 
‘‘(d) DEFINITIONS.—For purposes of this subtitle: 
‘‘(1) The term ‘countermeasure’ means a vac-
cine that— 
‘‘(A) is licensed under section 351 to pre-
vent influenza (or a particular type of influ-
enza); or 
‘‘(B) is authorized for emergency use 
under section 564 of the Federal Food, Drug, 
and Cosmetic Act to prevent influenza (or a 
particular type of influenza).
‘‘(2) The term ‘covered countermeasure’ means 
a countermeasure specified in a declaration under 
subsection (a). 
‘‘(3) The term ‘covered individual’, with respect 
to a declaration under subsection (a), means an indi-
vidual— 
‘‘(A) who is within a category of individ-
uals identified in the declaration pursuant to 
subsection (b)(1); and 
‘‘(B) to whom a countermeasure specified 
in the declaration has been administered. 
‘‘PART B—COMPENSATION PROGRAM 
‘‘SEC. 2151. COMPENSATION FOR INJURIES FOR ADMINIS-
TRATION DURING EFFECTIVE PERIOD OF 
DECLARATION. 
‘‘(a) IN GENERAL.—The Secretary shall by regula-
tion establish in accordance with this part a program 
under which compensation may be paid for a counter-
measure-related injury or death that is associated with the 
administration of a covered countermeasure to a covered 
individual during the effective period of the applicable dec-
laration under section 2141(a). 
‘‘(b) RELATIONSHIP TO NATIONAL VACCINE INJURY 
COMPENSATION PROGRAM UNDER SUBTITLE 2.—
‘‘(1) IN GENERAL.—Except as otherwise pro-
vided in this part, the provisions of subtitle 2 (in-
cluding provisions taking effect on or after the effec-
tive date of this section) apply with respect to a cov-
ered countermeasure to the same extent and in the 
same manner as such provisions apply with respect 
to a vaccine included on the vaccine injury table 
under section 2114. 
‘‘(2) LIMITATION REGARDING SUBTITLE 2 VAC-
CINES.—Subsection (a) does not apply with respect 
to a covered countermeasure if the countermeasure 
is included on the vaccine injury table under section 
2114. 
‘‘(3) SEPARATE PROGRAM; SEPARATE JUDICIAL 
RESOURCES.—This subtitle may not be construed as 
having any legal effect on the program under sub-
title 2. The program under subsection (a) shall, con-
sistent with applicable appropriations Acts, be ad-
ministered in a manner that ensures that adminis-
trative resources of the United States Claims Courts 
used for the program under subtitle 2 are not, by 
reason of the program under this part, reduced 
below the level of such resources used for such pro-
gram for fiscal year 2006, as adjusted to offset the