Flu Protection Act of 2005 - Amends the Public Health Act to require the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to conduct, annually, a public influenza awareness campaign and education and outreach efforts preceding the flu season.
Requires the Administrator of the Centers for Medicare & Medicaid Services to urge early and full preordering of the influenza vaccine by Medicare providers.
Requires the Director to: (1) work with the Administrator to publish influenza immunization rates among Medicare recipients; (2) support the development of State adult immunization programs that emphasize improving influenza vaccine delivery to high-risk populations and the general population; and (3) work with appropriate agencies to assess the efficacy of the influenza vaccine.
Amends the Internal Revenue Code to establish a vaccine manufacturing facilities investment tax credit (20 percent of qualifying property per year) for property placed in service by December 31, 2009.
Requires the Director to: (1) enter into contracts with manufacturers to produce additional necessary doses of the influenza vaccine; and (2) develop a contingency plan for maximizing influenza immunization for high-risk populations in the event of a delay or shortage of the vaccine.
Requires the Secretary, acting through the Director, to establish a protocol to prevent, prepare for, and respond to an influenza pandemic or epidemic.
Requires a manufacturer that receives Federal authority to distribute a vaccine to provide the Department of Health and Human Services (HHS) with advance notice of such manufacturer's intent to stop marketplace distribution of the vaccine.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 628 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 628
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 8, 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, and Ms. DeLauro)
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 provisions 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 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.
Be it enacted by the Senate and House of Representatives 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.
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--Influenza Vaccine
``awareness campaign and education and outreach efforts
``Sec. 2141. (a) Campaign.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention (in this
subtitle referred to as the `Director'), shall conduct a public
awareness campaign and education and outreach efforts each year during
the time period preceding the influenza season on each of the
following:
``(1) The importance of receiving the influenza vaccine.
``(2) Which populations the Director recommends to receive
the influenza vaccine to prevent health complications
associated with influenza, including health care workers and
household contacts.
``(3) Professional medical education of physicians, nurses,
pharmacists, and other health care providers and such
providers' associated organizations.
``(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 providers of medicare services, including managed
care providers, nursing homes, hospitals, and physician offices
to urge early and full preordering of the influenza vaccine so
that production levels can accommodate the needs for the
influenza vaccine.
``(2) 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 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 Immunization Activities.--The
Director shall support the development 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 carrying out the public
awareness campaign and education and outreach efforts under subsections
(a) and (b), the Director may use existing websites or structures for
communication.
``(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 VACCINE PRODUCTION CAPACITY
SEC. 201. INCENTIVES FOR THE CONSTRUCTION OF VACCINE MANUFACTURING
FACILITIES.
(a) 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 vaccine manufacturing facilities investment
credit.''.
(2) Amount of credit.--Subpart E of part IV of subchapter A
of chapter 1 of such Code (relating 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 qualified 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--
``(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 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.
``(c) 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.
``(d) Termination.--This subsection shall not apply to any property
placed in service after December 31, 2009.''.
(b) Technical Amendments.--
(1) Clause (iii) of section 49(a)(1)(C) of such Code is
amended to read as follows:
``(iii) the basis of any vaccine
manufacturing facilities property.''.
(2) Subparagraph (E) of section 50(a)(2) of such Code is
amended by inserting ``or 48A(c)'' before the period.
(3) The table of sections for subpart E of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 48 the following:
``Sec. 48A. Vaccine manufacturing facilities credit.''.
(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).
TITLE III--ENSURING SUFFICIENT FLU VACCINE SUPPLY
SEC. 301. VACCINE SUPPLY.
Subtitle 3 of title XXI of the Public Health Service Act, as added
by section 101, is amended by adding at the end the following:
``vaccine supply
``Sec. 2142. (a) Requests for More Doses.--
``(1) In general.--Not later than March 15 of each year,
the Director shall enter into contracts with manufacturers to
produce such additional doses of the influenza vaccine as
determined necessary by the Director.
``(2) Content of contract.--A contract for additional doses
shall provide that the manufacturer will be compensated by the
Director at an equitable rate negotiated by the Director and
the manufacturer 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 Director to be produced
by such manufacturer.
``(3) When such vaccine purchases should take place.--The
Director may purchase from the manufacturer the doses for which
it has contracted at any time after which it is determined by
the Director, in consultation with the manufacturer, that the
doses will likely not be absorbed by the private market.
``(b) Contingency Plan.--The Director shall encourage States to
develop a contingency plan, in coordination with the Department of
Health and Human Services, for maximizing influenza immunization for
high-risk populations in the event of a delay or shortage of the
influenza vaccine.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be
necessary.''.
TITLE IV--PREPARING FOR A PANDEMIC OR EPIDEMIC
SEC. 401. PREPARATION FOR INFLUENZA PANDEMIC OR EPIDEMIC.
Subtitle 3 of title XXI of the Public Health Service Act, as added
by section 101 and amended by section 301, is further amended by adding
at the end the following:
``preparation for influenza pandemic or epidemic
``Sec. 2143. (a) Establishment of a Protocol.--The Secretary,
acting through the Director, shall continue progress on the pandemic
preparedness plan and establish a protocol to attempt to prevent,
prepare for, and respond to an influenza pandemic or epidemic. Such
protocol shall be updated as determined appropriate by the Director.
``(b) Contents of Protocol.--The protocol established under
subsection (a) shall--
``(1) address methods to coordinate dissemination of the
influenza vaccine to key populations in the event of an
influenza pandemic or epidemic;
``(2) address expansion of influenza vaccine manufacturing
capacity (including making advance arrangements for ensuring
the availability of raw materials) to respond to the needs of
the United States during an influenza pandemic or epidemic;
``(3) improve upon the current influenza vaccines and
production and dissemination methods;
``(4) address alternative ways to manufacture or produce
the influenza vaccine;
``(5) address alternative methods to prevent the spread of,
and complications associated with, influenza, including
antiviral medications;
``(6) address a tracking method for publicly and privately
sold doses of the influenza vaccine to enable the Director to
determine, after consultation with manufacturers of the
influenza vaccine, how much supply is in circulation in the
case of an influenza pandemic or epidemic; and
``(7) address other issues determined by the Director to be
appropriate.
``(c) Coordination; Preparation; Prevention.--In establishing the
protocol under subsection (a), the Director shall--
``(1) coordinate with health care providers, manufacturers,
research institutions, health care organizations, and other
expert stakeholders; and
``(2) assist States with preparedness activities for a
rapid State and local response to an influenza pandemic,
including exploring methods of making the influenza vaccine
more accessible to the general population.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $100,000,000 for each of fiscal
years 2005 through 2009.''.
TITLE V--NOTICE OF INTENT TO WITHDRAW FROM THE MARKET
SEC. 501. MANUFACTURER WITHDRAWAL FROM THE MARKET.
Title XXI of the Public Health Service Act (42 U.S.C. 300aa-1 et
seq.), as amended by this Act, is further amended by adding at the end
the following:
``Subtitle 4--Notice of Intent to Withdraw From the Market
``manufacturer withdrawal from the market
``Sec. 2151.
Any manufacturer of a vaccine that receives authority under Federal law
to distribute such vaccine shall provide advance notification to the
Department of Health and Human Services regarding such manufacturer's
intent to stop the distribution of such vaccine into the
marketplace.''.
<all>
Introduced in House
Introduced in House
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 provisions as fall within the jurisdiction of the committee concerned.
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 provisions as fall within the jurisdiction of the committee concerned.
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 provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Health.
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