[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 226 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 226
To amend the Public Health Service Act to improve immunization rates by
increasing the supply of vaccines.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 1, 2005
Mr. DeWine (for himself and Mrs. Clinton) introduced the following
bill; which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Public Health Service Act to improve immunization rates by
increasing the supply of vaccines.
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 ``Improved Vaccine Supply Act''.
SEC. 2. SUPPLY OF VACCINES.
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--Adequate Vaccine Supply
``SEC. 2141. SUPPLY OF VACCINES.
``(a) In General.--
``(1) Plan.--Not later than 6 months after the date of
enactment of this section, the Secretary, acting through the
Director of the Centers for Disease Control and Prevention,
shall develop a plan for the purchase, storage, and rotation of
a supply of vaccines sufficient to provide routinely
recommended vaccinations for a 6-month period for--
``(A) a national stockpile of vaccines for all
children as authorized under section 1928(d)(6) of the
Social Security Act (42 U.S.C. 1396s(d)(6)); and
``(B) adults.
``(2) Supply.--The supply of vaccines under paragraph (1)
shall--
``(A) include all vaccines routinely recommended
for children by the Advisory Committee on Immunization
Practices; and
``(B) include all vaccines routinely recommended
for adults by the Advisory Committee on Immunization
Practices.
``(3) Supply authority.--The Secretary shall carry out--
``(A) paragraph (2)(A) using the authority provided
for under section 1928(d)(6) of the Social Security Act
(42 U.S.C. 1396s(d)(6)); and
``(B) paragraph (2)(B) using--
``(i) the authority provided for under
section 317; and
``(ii) any other authority relating to the
vaccines described in such paragraph.
``(b) Submission of Plan.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Secretary shall submit the plan
developed under subsection (a) to--
``(A) the Committee on Health, Education, Labor,
and Pensions of the Senate;
``(B) the Committee on Finance of the Senate; and
``(C) the Committee on Energy and Commerce of the
House of Representatives.
``(2) Inclusions.--The plan shall include a discussion of
the considerations that formed--
``(A) the basis for the plan; and
``(B) the prioritization of the schedule for
purchasing vaccines set forth in the plan.
``(c) Implementation of the Plan.--Not later than September 30,
2007, the Secretary shall fully implement the plan developed under
subsection (a).
``(d) Notice.--
``(1) In general.--For the purposes of maintaining and
administering the supply of vaccines described under subsection
(a), the Secretary shall require by contract that the
manufacturer of a vaccine included in such supply provide not
less than 1 year notice to the Secretary of a discontinuance of
the manufacture of the vaccine, or of other factors, that may
prevent the manufacturer from providing vaccines pursuant to an
arrangement made to carry out this section.
``(2) Reduction of period of notice.--The notification
period required under paragraph (1) may be reduced if the
manufacturer certifies to the Secretary that good cause exists
for reduction, under the conditions described in section
506C(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
356c).
``(e) Proceeds.--Any proceeds received by the Secretary from the
sale of vaccines contained in the supply maintained pursuant to this
section, shall be available to the Secretary for the purpose of
purchasing additional vaccines for the supply. Such proceeds shall
remain available until expended.
``(f) Ongoing Reports.--
``(1) In general.--Not later than 2 years after submitting
the plan pursuant to subsection (b), and periodically
thereafter, the Secretary shall submit a report to the
Committees identified in subsection (b)(1) that--
``(A) details the progress made in implementing the
plan developed under subsection (a); and
``(B) notes impediments, if any, to implementing
the plan developed under subsection (a).
``(2) Recommendation.--The Secretary shall include in the
first of such reports required under paragraph (1)--
``(A) a recommendation as to whether the vaccine
supply should be extended beyond the 6-month period
provided in subsection (a); and
``(B) a discussion of the considerations that
formed the recommendation under subparagraph (A).
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2006 through 2011.''.
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