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Question: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Oceans Act of 1998''.

SEC. 2. DEFINITIONS.

    As used in this Act:
            (1) Commission.--The term ``Commission'' means the 
        Commission on Ocean Policy established under section 4.
            (2) Coastal state.--The term ``coastal State'' means a 
        State in, or bordering on, the Atlantic, Pacific, or Arctic 
        Ocean, the Gulf of Mexico, Long Island Sound, or one or more of 
        the Great Lakes.
            (3) Marine environment.--The term ``marine environment'' 
        includes--
                    (A) the oceans, including coastal and offshore 
                waters and nearshore saltwater estuaries;
                    (B) the continental shelf; and
                    (C) the Great Lakes.
            (4) Ocean and coastal activities.--The term ``ocean and 
        coastal activities'' includes activities consisting of, 
        affecting, or otherwise related to oceanography, fisheries, or 
        the management or use of any ocean and coastal resource. The 
        term does not include military operations and training.
            (5) Ocean and coastal resource.--The term ``ocean and 
        coastal resource'' means any living or nonliving natural, 
        historic, or cultural resource or mineral found in the marine 
        environment.
            (6) State.--The term ``State'' means any State of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Virgin Islands, Guam, American Samoa, the 
        Commonwealth of the Northern Mariana Islands, and any other 
        territory or possession of the United States.

SEC. 3. EXECUTIVE RESPONSIBILITIES.

    (a) National Ocean and Coastal Policy.--The Congress and the 
President, after receiving and considering the report of the Commission 
under section 4, shall develop and propose a coordinated, 
comprehensive, and long-range national policy for the responsible use 
and stewardship of ocean and coastal resources for the benefit of the 
United States, including a plan to meet the resource monitoring and 
assessment facilities and equipment requirements of Federal ocean and 
coastal programs.
    (b) Biennial Report.--Beginning in January 1999, the President 
shall transmit to the Congress biennially a report that shall include a 
detailed listing of all existing Federal programs relating to ocean and 
coastal activities, including a description of each program, the 
current funding for the program, and a projection of the funding level 
for the program for each of the following 5 fiscal years.
    (c) Budget Coordination.--Each agency or department involved in 
ocean and coastal activities shall include with its annual request for 
appropriations a report that identifies significant elements of the 
proposed agency or department budget relating to ocean and coastal 
activities.
    (d) Cooperation and Consultation.--In carrying out responsibilities 
under this Act, the President--
            (1) may use such staff, interagency, and advisory 
        arrangements as the President finds necessary and appropriate; 
        and
            (2) shall consult with State and local governments and non-
        Federal organizations and individuals involved in ocean and 
        coastal activities.

SEC. 4. COMMISSION ON OCEAN POLICY.

    (a) Establishment.--
            (1) In general.--There is hereby established the Commission 
        on Ocean Policy.
            (2) Membership.--(A) The Commission shall be composed of 16 
        members appointed by the President from among individuals who 
        are knowledgeable in ocean and coastal activities, including 
        individuals representing State and local governments, ocean-
        related industries, academic and technical institutions, and 
        public interest organizations involved with scientific, 
        regulatory, economic, and environmental ocean and coastal 
        activities. The membership of the Commission shall be balanced 
        geographically to the extent consistent with maintaining the 
        highest level of expertise on the Commission.
            (B) Of the members of the Commission appointed under this 
        paragraph--
                    (i) 4 shall be appointed from a list of 8 
                individuals who shall be recommended by the majority 
                leader of the Senate in consultation with the Chairman 
                of the Senate Committee on Commerce, Science, and 
                Transportation;
                    (ii) 4 shall be appointed from a list of 8 
                individuals who shall be recommended by the Speaker of 
                the House of Representatives in consultation with the 
                Chairmen of the Committee on Resources, Transportation 
                and Infrastructure, and Science;
                    (iii) 2 shall be appointed from a list of 4 
                individuals who shall be recommended by the minority 
                leader of the Senate in consultation with the ranking 
                member of the Senate Committee on Commerce, Science, 
                and Transportation; and
                    (iv) 2 shall be appointed from a list of 4 
                individuals who shall be recommended by the by the 
                minority leader of the House of Representatives in 
                consultation with the ranking members of the Committees 
                on Resources, Transportation and Infrastructure, and 
                Science.
            (C) The members of the Commission shall be appointed for 
        the life of the Commission by not later than 90 days after the 
        date of the enactment of this Act.
            (3) First meeting.--The Commission shall hold its first 
        meeting within 30 days after it is established.
            (4) Chairman.--The Commission shall elect one of its 
        members as Chair.
    (b) Report.--
            (1) In general.--The Commission shall submit to the 
        Congress and the President, by not later than 18 months after 
        the date of the establishment of the Commission, a final report 
        of its findings and recommendations regarding United States 
        ocean policy.
            (2) Public and state review.--Before submitting the final 
        report to the Congress, the Commission shall--
                    (A) publish in the Federal Register a notice that 
                the draft report is available for public review; and
                    (B) provide a copy of the draft report to the 
                Governor of each coastal State, the Committees on 
                Resources, Transportation and Infrastructure, and 
                Science of the House of Representatives, and the 
                Committee on Commerce, Science, and Transportation of 
                the Senate.
            (3) Final report contents, generally.--Subject to paragraph 
        (4), the final report of the Commission shall include 
        recommendations for the responsible use and stewardship of 
        ocean and coastal resources, including the following:
                    (A) Recommendations for any modifications to United 
                States laws and regulations, and the administrative 
                structure of the Executive agencies, that are necessary 
                to improve the understanding, management, and 
                conservation and use of, and access to, ocean and 
                coastal resources.
                    (B) An assessment of the condition and adequacy of 
                existing and planned facilities associated with ocean 
                and coastal activities, including human resources, 
                vessels, computers, satellites, and other appropriate 
                platforms and technologies, and recommendations for 
                investments and improvements in those facilities.
                    (C) A review of existing and planned ocean and 
                coastal activities of Federal entities, and 
                recommendations for changes in such activities 
                necessary to reduce duplication of Federal efforts.
                    (D) A review of the cumulative effect of Federal 
                laws and regulations on United States ocean policy, an 
                examination of those laws and regulations for 
                inconsistencies and contradictions that might adversely 
                affect the conduct of ocean and coastal activities, and 
                recommendations for resolving any such inconsistencies. 
                In particular, this portion of the report shall include 
                an examination of the relationship between the 
                fisheries development and fisheries conservation 
                responsibilities of the National Marine Fisheries 
                Service.
                    (E) A review of the known and anticipated supply of 
                and demand for ocean and coastal resources of the 
                United States.
                    (F) A review of the relationship between Federal, 
                State, and local governments and the private sector in 
                planning and carrying out ocean and coastal activities, 
                and recommendations for enhancing the role of State and 
                local governments.
                    (G) A review of opportunities for the development 
                of or investment in new products, technologies, or 
                markets related to ocean and coastal activities.
                    (H) A review of previous and ongoing State efforts 
                and Federal efforts to enhance the effectiveness and 
                integration of ocean activities, including those 
                occurring offshore and in nearshore saltwater 
                estuaries.
            (4) State comments.--The Commission shall include in the 
        final report comments received from the Governor of any coastal 
        State regarding recommendations in the draft report that apply 
        to areas within the boundaries of that coastal State.
            (5) Consideration of factors.--In making its assessments 
        and reviews and developing its recommendations, the Commission 
        shall give full and balanced consideration to environmental, 
        technical, economic, and other relevant factors, with an equal 
        opportunity for all parties to present a fair and reasonable 
        case for unbiased consideration by the Commission. All 
        recommendations should consider effects on private property. To 
        the greatest extent possible, no recommendations shall have a 
        negative impact on local economies that are dependent on ocean 
        and coastal resources. Any data used by the Commission in 
        making its recommendations for regulations shall be peer 
        reviewed.
            (6) Limitation on recommendations.--The Commission shall 
        not make any specific recommendations with respect to lands and 
        waters within the boundary of any State located north of 51 
        degrees North latitude, or with respect to lands and waters 
        within the State of Idaho.
    (c) Duties of the Chair.--In carrying out the provisions of this 
section, the Chair of the Commission shall be responsible for--
            (1) the assignment of duties and responsibilities among 
        staff personnel and their continuing supervision; and
            (2) the use and expenditures of funds available to the 
        Commission.
    (d) Compensation.--Members of the Commission shall, subject to the 
availability of appropriations, when engaged in the actual performance 
of duties of the Commission, receive reimbursement of travel expenses, 
including per diem in lieu of subsistence as authorized for persons 
employed intermittently in the Government service under section 3109 of 
title 5, United States Code.
    (e) Staff.--
            (1) Executive director.--The Chair of the Commission may, 
        with the consent of the Commission and without regard to the 
        civil service laws and regulations, appoint and terminate an 
        executive director who is knowledgeable in administrative 
        management and ocean and coastal policy and such other 
        additional personnel as may be necessary to enable the 
        Commission to perform its duties.
            (2) Compensation.--The executive director shall, subject to 
        the availability of appropriations, be compensated at a rate 
        not to exceed the rate payable for Level V of the Executive 
        Schedule under section 5316 of title 5, United States Code. The 
        Chairman may fix the compensation of other personnel without 
        regard to the provisions of chapter 51 and subchapter III of 
        chapter 53 of title 5, United States Code, relating to 
        classification of positions and General Schedule pay rates, 
        except that the rate of pay for such personnel may not exceed 
        the rate payable for GS-15, step 7, of the General Schedule 
        under section 5332 of such title.
            (3) Detailees.--Upon a request of the Chair of the 
        Commission made after consulting with the head of any Federal 
        agencies responsible for managing ocean and coastal resources, 
        the head of any such Federal agency may detail appropriate 
        personnel of the agency to the Commission to assist the 
        Commission in carrying out its functions under this Act. 
        Federal Government employees detailed to the Commission shall 
        serve without reimbursement from the Commission, and shall 
        retain the rights, status, and privileges of his or her regular 
        employment without interruption.
            (4) Experts and consultants.--To the extent that funds are 
        available, and subject to such rules as may be prescribed by 
        the Commission, the executive director of the Commission may 
        procure the temporary and intermittent services of experts and 
        consultants in accordance with section 3109 of title 5, United 
        States Code, but at rates not to exceed the daily rate payable 
        for GS-15, step 7, of the General Schedule under section 5332 
        of title 5, United States Code.
    (f) Administration.--
            (1) Meetings.--All meetings of the Commission shall be open 
        to the public, except that a meeting or any portion of it may 
        be closed to the public if it concerns matters or information 
        described in section 552b(c) of title 5, United States Code. 
        Interested persons shall be permitted to appear at open 
        meetings and present written statements or oral statements at 
        the discretion of the Commission on the subject matter of the 
        meeting. The Commission may administer oaths or affirmations to 
        any person appearing before it.
            (2) Notice of meetings.--All open meetings of the 
        Commission shall be preceded by timely public notice, including 
        notice in the Federal Register, of the time, place, and subject 
        of the meeting.
            (3) Minutes and other records.--(A) Minutes of each meeting 
        shall be kept and shall contain a record of the people present, 
        a description of the discussion that occurred, and copies of 
        all statements filed. Subject to restrictions set forth in 
        section 552 of title 5, United States Code, the minutes and 
        records of all meetings and other documents that were made 
        available to or prepared for the Commission shall be available 
        for public inspection and copying at a single location in the 
        offices of the Commission.
            (B) The Commission shall have at least one meeting in each 
        of the following 6 geographic regions of the United States:
                    (i) The Northeast.
                    (ii) The Southeast.
                    (iii) The Southwest.
                    (iv) The Northwest.
                    (v) The Great Lakes States.
                    (vi) The Gulf of Mexico States.
    (g) Cooperation With Other Federal Entities.--
            (1) Other federal agencies and departments.--The Commission 
        may secure directly from any Federal agency or department any 
        information it considers necessary to carry out its functions 
        under this Act. Each such agency or department may cooperate 
        with the Commission and, to the extent permitted by law, 
        furnish such information to the Commission, upon the request of 
        the Chair of the Commission.
            (2) Mails.--The Commission may use the United States mails 
        in the same manner and under the same conditions as departments 
        and agencies of the United States.
            (3) Acquisitions.--The Commission may enter into contracts 
        with Federal and State agencies, private firms, institutions, 
        and individuals to assist the Commission in carrying out its 
        duties. The Commission may purchase and contract without regard 
        to section 18 of the Office of Federal Procurement Policy Act 
        (41 U.S.C. 416) and section 8 of the Small Business Act (15 
        U.S.C. 637), pertaining to competition and publication 
        requirements, and may arrange for printing without regard to 
        the provisions of title 44, United States Code. The contracting 
        authority of the Commission under this Act is effective only to 
        the extent that appropriations are available for contracting 
        purposes.
    (h) Termination.--The Commission shall cease to exist 30 days after 
the date on which it submits its final report.
    (i) Authorization of Appropriations.--There are authorized to be 
appropriated to support the activities of the Commission $2,000,000 for 
fiscal year 1999 and $1,000,000 for fiscal year 2000. Any sums 
appropriated may remain available without fiscal year limitation until 
the Commission ceases to exist.

            Passed the House of Representatives September 15, 1998.

            Attest:

                                                                 Clerk.

Answer: Oceans Act of 1998 - Requires that the Congress and the President, after considering the Commission report under this Act, develop a coordinated, comprehensive, and long-range national policy for the use and stewardship of ocean and coastal resources for the benefit of the United States, including a plan to meet the resource monitoring and assessment facilities and equipment requirements of Federal ocean and coastal programs.  Mandates a biennial report by the President to the Congress listing all existing Federal programs relating to ocean and coastal activities.  Requires each agency or department involved in ocean and coastal activities to include with its annual appropriations request a report identifying elements of its budget relating to ocean and coastal activities. 
Establishes the Commission on Ocean Policy and requires it to report to the Congress and the President regarding U.S. ocean policy. Requires opening the draft report for public comment before submitting the final report.  Prohibits Commission recommendations regarding lands and waters within:  (1) the boundary of any State north of 51 degrees North latitude; or (2) the State of Idaho.  Terminates the Commission after submission of its final report.  Authorizes appropriations.


Question: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hood Bay Land Exchange Act of 
1997''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
        (1) The Alaska National Interest Lands Conservation Act 
    established the Admiralty Island National Monument which is managed 
    by the Secretary of Agriculture, by and through the Forest Service.
        (2) The Forest Service has established a policy of encouraging 
    the acquisition of private land inholdings within Admiralty Island 
    National Monument on a willing buyer/willing seller basis. Congress 
    has supported this policy, for example by passage of the Greens 
    Creek Land Exchange Act of 1996 which provided for a land exchange 
    of certain public and private lands in Admiralty Island National 
    Monument.
        (3) Lands owned by Alaska Pulp Corporation, consisting of 54 
    acres, more or less, located in Hood Bay on Admiralty Island within 
    the boundaries of the Kootznoowoo Wilderness are available for 
    transfer to Federal ownership on a willing seller/willing buyer 
    basis. The acquisition of these lands would provide Federal 
    ownership of this valuable land in a critical area of Admiralty 
    Island National Monument.
        (4) The United States is the owner of certain reversionary 
    interests to 143.87 acres, more or less, located adjacent to Silver 
    Bay near Sitka, Alaska, which interests were reserved in patent No. 
    1213671 issued to the Alaska Pulp Corporation on October 18, 1960. 
    The transfer of the reversionary interests of the United States in 
    such lands adjacent to Silver Bay to the Alaska Pulp Corporation 
    would facilitate future use and development of that land.
        (5) The future acquisition by the United States of the Chaik 
    Bay property on Admiralty Island to be incorporated into the 
    Kootznoowoo Wilderness would be in the public interest.

SEC. 3. DEFINITIONS.

    As used in this Act:
        (1) The term ``ANILCA'' means the Alaska National Interest 
    Lands Conservation Act (16 U.S.C. 3101 et seq.).
        (2) The term ``Company'' means the Alaska Pulp Corporation, an 
    Alaska corporation, its successors, and assigns.
        (3) The term ``Company Property'' means the property depicted 
    on United States Survey Plat 1058 approved March 20, 1917, 
    consisting of approximately 54 acres of land.
        (4) The term ``Federal Property'' means the reversionary 
    interest of the United States described in paragraphs (6) and (7) 
    of the patent dated October 18, 1960, granted by the Bureau of Land 
    Management to Alaska Lumber & Pulp Co., which was recorded at Book 
    15, Pages 271-273, Sitka Recording District on November 9, 1960. 
    The term ``Federal Property'' does not include the interests 
    described in paragraphs (1) through (5) of the said patent.
        (5) The term ``Monument'' means the Admiralty Island National 
    Monument, which was established by section 503 of ANILCA and which 
    is managed by the Secretary of Agriculture as a unit of the 
    National Forest System.
        (6) The term ``Secretary'' means the Secretary of Agriculture.
        (7) The term ``Sitka'' means the city and borough of Sitka, 
    Alaska, a home-rule borough formed in accordance with the laws of 
    the State of Alaska.
        (8) The term ``Sitka Property'' means the property depicted on 
    the maps entitled ``Sitka Property'', dated August 29, 1997, 
    consisting of approximately 49 acres of land.

SEC. 4. LAND EXCHANGE, TRANSFER, RELINQUISHMENT.

    (a) Exchange of Company and Federal Property.--After the Company 
conveys to the United States, by general warranty deed, all right, 
title, and interest of the Company in and to the Company Property, the 
Secretary shall within 60 days of acceptance of delivery of said deed, 
unconditionally and without limitation except as provided herein, 
relinquish to the Company all right, title, and interest of the United 
States in and to the Federal Property and shall evidence that 
relinquishment by conveying to the Company a quitclaim deed to the 
Federal Property.
    (b) Relinquishment of Property to Sitka.--Upon relinquishment of 
the Federal Property to the Company under subsection (a), the Company 
shall transfer all right, title, and interest of the Company in the 
Sitka Property to Sitka.
    (c) Availability of Maps.--The maps referred to in section 3(3) 
depicting the Company Property and in section 3(4) depicting the 
Federal Property shall be on file and available for public inspection 
in the Office of the Forest Supervisor, Chatham Area, Tongass National 
Forest, in Sitka, Alaska. The maps referred to in section 3(8) 
depicting the Sitka Property shall be on file and available for public 
inspection in the Office of the Manager of the city and borough of 
Sitka, Alaska, until the conveyance described in subsection (b), at 
which time the maps shall be recorded along with the deed.

SEC. 5. PROCESSING OF AND TERMS AND CONDITIONS RELATING TO LAND 
              EXCHANGE.

    (a) Surveys.--Notwithstanding any other provision of law, the 
Secretary of the Interior may conduct and approve all cadastral surveys 
that are necessary for completion of the exchange. The cost of any 
surveys shall be borne by the Company.
    (b) Equal Value Exchange.--The values of the Federal Property and 
the Company Property are deemed to be of equal value.
    (c) Administration.--The Secretary is directed to implement and 
administer the rights and obligations of the United States under this 
Act.
    (d) Cleanup Obligations.--Nothing in this Act shall impact or alter 
the Company's rights, duties, and obligations regarding investigation, 
remediation, cleanup, and restoration under its September 10, 1995, 
Commitment Agreement with the State of Alaska or other applicable law. 
The Company shall use its property consistent with all restrictive 
covenants, including those restrictive covenants recorded on September 
4, 1997.
    (e) Title Standards.--Title to the Company Property to be conveyed 
to the United States shall be acceptable to the Secretary consistent 
with the title review standard of the Attorney General of the United 
States.

SEC. 6. GENERAL PROVISIONS.

    (a) Management of Company Property.--Upon acquisition of the 
Company Property by the United States pursuant to this Act, said 
property shall be managed as a part of the Admiralty Island National 
Monument and the Kootznoowoo Wilderness.
    (b) Authorization To Negotiate for Acquisition of Property.--In 
furtherance of the purposes of the Kootznoowoo Wilderness, the 
Secretary, acting through the Forest Service, is authorized to enter 
into negotiations with the owners of private property in Chaik Bay on 
Admiralty Island, with the objective of acquiring such property. The 
Secretary is authorized to enter into an option to purchase or an 
exchange agreement with the owners of such property to be effected 
either through existing administrative mechanisms provided by law and 
regulation, or by subsequent ratification by Act of Congress.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.

Answer: Hood Bay Land Exchange Act of 1997 - Provides for:  (1) the relinquishment, by quitclaim deed, of the reversionary interest of the United States in specified Federal land in Sitka, Alaska, to the Alaska Pulp Corporation in exchange, by general warranty deed, for specified Corporation property located within the Admiralty Island National Monument; and (2) the Corporation's transfer of specified property to Sitka. Deems the values of the Federal Property and the Corporation's Property to be equal. States that nothing in this Act shall impact or alter the Corporation's rights, duties, and obligations regarding investigation, remediation, cleanup, and restoration under its September 10, 1995, Commitment Agreement with the State of Alaska or other applicable law. Requires the Corporation Property acquired by the United States to be managed as a part of the Admiralty Island National Monument and the Kootznoowoo Wilderness. Authorizes the Secretary of Agriculture, acting through the Forest Service, to negotiate with the owners of private property in the Chaik Bay on Admiralty Island, with the objective of acquiring such property. Allows the Secretary to enter into an option to purchase or an exchange agreement with such property owners to be effected either through existing administrative mechanisms provided by law and regulation, or by subsequent ratification by Act of Congress.


Question: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Flu Vaccine Incentive Act of 2005'' 
or the ``FLU-VIA''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) 30 years ago, more than a dozen companies produced the 
        influenza vaccine in the United States. As of 2004, only 2 
        companies make the vaccine for the United States.
            (2) Currently, the influenza vaccine is grown in eggs 
        through a process that takes approximately 6 months and 
        consumes tens of thousands of eggs.
            (3) Companies are developing new technologies for the 
        faster and safer production of the influenza vaccine. For 
        example, one manufacturer is testing a process that relies on 
        cell lines from silk moths, a technique that promises to shave 
        the production time by at least a month and reduce the costs 
        significantly.
            (4) The United States should do all that it can to 
        encourage research and development of new technologies for the 
        production of influenza vaccines.

SEC. 3. TARGETING APPROPRIATED FUNDS FOR RESEARCH AND DEVELOPMENT.

    Effective as if included in the enactment of the Consolidated 
Appropriations Act, 2005 (Public Law 108-447), under the heading 
relating to ``Public Health and Social Services Emergency Fund'' under 
title II of division F, strike ``, and if determined necessary by the 
Secretary, the purchase of influenza vaccine,''.

SEC. 4. ELIMINATION OF PRICE CAP FOR THE PURCHASE OF INFLUENZA 
              VACCINES.

    (a) In General.--
            (1) Vaccines for children program.--Section 1928(d)(3) of 
        the Social Security Act (42 U.S.C. 1396s(d)(3)) is amended--
                    (A) in subparagraph (B), by striking ``With'' and 
                inserting ``Except as provided in subparagraph (D), 
                with''; and
                    (B) by adding at the end the following new 
                subparagraph:
                    ``(D) Nonapplication to influenza vaccines.--With 
                respect to contracts entered into for the purchase of a 
                pediatric vaccine that is an influenza vaccine, and to 
                the maximum extent practicable, with respect to any 
                other contracts entered into by the Secretary for the 
                purchase of an influenza vaccine, the price for the 
                purchase of such vaccine shall be established without 
                regard to subparagraph (B).''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall apply to contracts entered into on or after the date of 
        enactment of this Act.
    (b) Application to Purchases for Other Federal Programs.--Section 
1928(d)(3)(D) of the Social Security Act (42 U.S.C. 1396s(d)(3)(D)), as 
amended by subsection (a), shall apply with respect to the purchase of 
an influenza vaccine by any Federal agency and in lieu of the price 
that would otherwise apply to such a purchase under the schedule for 
the purchase of drugs by the Veterans Administration under section 8126 
of title 38, United States Code, under agreements negotiated by the 
Secretary of Health and Human Services under section 340B of the Public 
Health Service Act (42 U.S.C. 256b), or otherwise.

SEC. 5. INCENTIVES FOR THE CONSTRUCTION OF INFLUENZA VACCINE 
              MANUFACTURING FACILITIES.

    (a) Influenza Vaccine Manufacturing Facilities Investment 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 
        paragraph:
            ``(3) the influenza vaccine manufacturing facilities 
        investment credit.''.
            (2) Amount of credit.--Section 48 of such Code is amended 
        by adding at the end the following new subsection:
    ``(c) Influenza Vaccine Manufacturing Facilities Investment 
Credit.--
            ``(1) In general.--For purposes of section 46, the 
        influenza vaccine manufacturing facilities investment credit 
        for any taxable year is an amount equal to 20 percent of the 
        qualified investment for such taxable year.
            ``(2) Qualified investment.--For purposes of paragraph (1), 
        the qualified investment for any taxable year is the basis of 
        each influenza vaccine manufacturing facilities property placed 
        in service by the taxpayer during such taxable year.
            ``(3) Influenza vaccine manufacturing facilities 
        property.--For purposes of this subsection, the term `influenza 
        vaccine manufacturing facilities property' means real and 
        tangible personal property--
                    ``(A)(i) the original use of which commences with 
                the taxpayer, or
                    ``(ii) which is acquired through purchase (as 
                defined by section 179(d)(2)),
                    ``(B) which is depreciable under section 167,
                    ``(C) which is used for the manufacture, 
                distribution, or research and development of influenza 
                vaccines, and
                    ``(D) which is in compliance with any standards and 
                regulations which are promulgated by the Food and Drug 
                Administration, the Occupational Safety and Health 
                Administration, or the Environmental Protection Agency 
                and which are applicable to such property.
            ``(4) Certain progress expenditure rules made applicable.--
        Rules similar to rules of subsections (c)(4) and (d) of section 
        46 (as in effect on the day before the date of the enactment of 
        the Revenue Reconciliation Act of 1990) shall apply for 
        purposes of this subsection.
            ``(5) Termination.--This subsection shall not apply to any 
        property placed in service after December 31, 2014.''.
    (b) Technical Amendments.--
            (1) Subparagraph (C) of section 49(a)(1) of the Internal 
        Revenue Code of 1986 is amended by striking ``and'' at the end 
        of clause (ii), by striking the period at the end of clause 
        (iii) and inserting
        ``, and'', and by adding at the end the following new clause:
                            ``(iv) the basis of any influenza vaccine 
                        manufacturing facilities property.''.
            (2) Subparagraph (E) of section 50(a)(2) of such Code is 
        amended by inserting ``or 48(c)(4)'' before the period.
            (3)(A) The section heading for section 48 of such Code is 
        amended to read as follows:

``SEC. 48. OTHER CREDITS.''.

            (B) The table of sections for subpart E of part IV of 
        subchapter A of chapter 1 of such Code is amended by striking 
        the item relating to section 48 and inserting the following:

``Sec. 48. Other credits.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to property placed in service after December 31, 2004, under 
rules similar to the rules of section 48(m) of the Internal Revenue 
Code of 1986 (as in effect on the day before the date of enactment of 
the Revenue Reconciliation Act of 1990).

Answer:
Flu Vaccine Incentive Act of 2005 or FLU-VIA - Rescinds the authority of the Secretary of Health and Human Services under the Consolidated Appropriations Act, 2005, to make certain purchases of inflluenza vaccine.

Amends title XIX (Medicaid) of the Social Security Act to exempt contracts entered into by the Secretary for the purchase of a pediatric influenza vaccine and other vaccines from certain price restrictions otherwise applicable to such contracts. Extends such exemption to any other Federal agency that purchases an influenza vaccine.

Amends the Internal Revenue Code to allow a tax credit for investment in influenza vaccine manufacturing facilities.