To amend the Internal Revenue Code of 1986 to include vaccines against seasonal influenza within the definition of taxable vaccines.

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 475) to amend the Internal Revenue Code of 1986 to include vaccines against seasonal influenza within the definition of taxable vaccines.

I ask unanimous consent that all Members have 5 legislative days in which to revise and extend their remarks and to include extraneous material on the subject of the bill under consideration.

Mr. Speaker, I yield myself such time as I may consume.

I rise to urge my colleagues to support this bipartisan legislation that my colleague from Massachusetts (Mr. Neal) and I believe will help make the upcoming flu season less miserable for millions of Americans and avoid expensive hospital stays for those suffering with the flu.

Last December, in the midst of a flu season in which the Centers for Disease Control and Prevention reported more than 12,000 people hospitalized with flu complications and 149 deaths among children under the age of 18, the Food and Drug Administration approved a new vaccine developed to fight the four-strain flu virus. But despite this development, it is imperative that we pass this legislation if we want to guarantee the most up-to-date four-strain flu vaccine is available to patients who need it.

That's because under the current law, the Vaccine Injury Compensation Program--a no-fault system for compensating injuries or death caused by vaccines--covers flu vaccines that only protect against three viral strains.

This bill would add vaccines that protect against four viral strains to the program and ensure that the most up-to-date and effective flu vaccines are available in time for the start of the flu season this fall. Without the liability protections of the compensation program, civil litigation from the use of this vaccine could explode and disincentivize vaccine producers from making this new medicine available.

The Vaccine Injury Compensation Program was created in 1986 because at

the time fears of frivolous lawsuits that could wipe out businesses and bankrupt health care providers were causing vaccine manufacturers to leave the market, thereby leaving the general public without access to the best medicines available. So getting this new vaccine on the program list is essential.

One other note: it's important to understand that this bill is not, as some media have inaccurately reported, a ``flu tax.'' This legislation does not create any new taxes. The bill before us does not raise tax rates. And there's absolutely no evidence that flu shots will cost one penny more if this bipartisan bill becomes law.

In fact, the nonpartisan Joint Committee on Taxation analyzed the legislation and concluded there would be no new taxes or windfall to the Federal Government. That's because under the current law, 75 cents goes into the Vaccine Injury Compensation Program every time someone gets a flu shot or any number of other vaccines used to protect the public against all kinds of diseases.

The truth is that every one of the estimated 135 million Americans who received a flu shot during this past flu season paid 75 cents into the fund, and that 75 cents charged today would also apply to this new vaccine. If you think 75 cents is an exorbitant amount to pay, consider that in my home State of Pennsylvania the average cost of a hospital stay ranges from $649 per day to $1,921 per day, according to the Kaiser Family Foundation. Without this legislation, taxpayers would be picking up the tab for flu-related hospitalizations for seniors and others enrolled in Medicaid and Medicare.

The only way the Federal Government will collect more money next flu season is if a greater number of people voluntarily get flu shots. And most medical professionals will tell you getting a flu shot improves public health and lowers the risk of racking up expensive medical bills, especially for children and seniors.

Vanderbilt University Medical Center, in collaboration with the Centers for Disease Control and Prevention, found that flu vaccine reduced the risk of flu-related hospitalization by 71.4 percent among adults of all ages and by 76.8 percent in study participants 50 years of age or older during the 2011-2012 flu season.

In closing, I would ask my colleagues to support this legislation so that our doctors and hospitals can offer the public the very best and latest protection against constantly evolving strains of the flu virus this fall.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, in closing, I yield myself such time as I may consume.

H.R. 475 is a great bipartisan, bicameral bill that will help protect our Nation's children and seniors from flu.

I want to thank my friend from Massachusetts (Mr. Neal) for his cooperation and work on this legislation. I also would like to thank Dave Olander and the Ways and Means staff, Anne Dutton, my chief of staff, and especially Lori Prater, my Ways and Means counsel for their great work on this legislation. I also thank Senator Hatch and Senator Baucus on the Senate side for their work in moving this legislation in that Chamber.

With the 2013 flu season on the horizon, I urge my colleagues to support H.R. 475 to ensure that the public has access to the newest four-strain flu vaccine.

I yield back the balance of my time.

Mr. Speaker, I yield myself such time as I may consume.

I rise in support of H.R. 475, a bill to update the excise tax on vaccines against seasonal influenza.

Year after year, the flu poses a threat to millions of Americans, causing between 24,000 and 49,000 deaths and 226,000 hospitalizations each year. In fact, my home State of Massachusetts had over 28,000 confirmed cases of flu this past season. The flu is particularly life- threatening for our Nation's most vulnerable, the elderly and children. During the most recent flu season, there were 150 pediatric deaths across the Nation, and it is estimated that 90 percent of those children were not vaccinated.

America must prepare for the next flu season. Public health and medical professionals, hospitals and vaccine manufacturers are moving quickly to prepare for the upcoming season by manufacturing new vaccines and educating the public about the importance of preventing the flu. One critical step in this preparation is to make certain that the newest and most effective flu vaccine will be available to the public.

To do that, I introduced this legislation that we're acting upon today with my friend, Congressman Gerlach, to update our law to ensure access to new flu vaccines.

The National Vaccine Injury Compensation Program was established in 1986 to ensure an adequate supply of vaccines, stabilize vaccine costs, and establish and maintain an accessible and efficient forum for individuals found to be injured by certain vaccines to be compensated. These awards are funded by a 75 cent per dose excise tax on vaccines that are widely used and recommended by the Centers for Disease Control and Prevention for routine administration to children.

The program requires congressional action from time to time because unless the excise tax is assessed on a particular vaccine, it is not covered by the program, and therefore, those injured can't be compensated under the program.

Currently, the excise tax on seasonal influenza vaccine applies only to three-strain vaccines and excludes any non-three-strain vaccines. But for the flu season, three new advanced influenza vaccines will be available. These vaccines will provide broader protection against the flu because they can combat more strains of the virus. Therefore, we must amend the excise tax law to include the advanced flu vaccine.

To ensure access to the new vaccine, our bill would apply the excise tax to all vaccines against seasonal influenza just as it has in the past.

It is very important to note this will not increase the tax or change the Vaccine Injury Compensation Program. Let me repeat. It is very important to note that this will not increase the tax or change the Vaccine Injury Compensation Program.

It's also important to note that this legislation does not affect in any way the FDA approval process. Vaccines for children, adolescents, and adults are approved and recommended through a rigorous, multiyear process. Vaccines must be approved by the FDA and then must also be evaluated and formally recommended by the Centers for Disease Control and Prevention before they are administered by health care providers or covered by health insurance programs.

Before concluding, I'd like to note that this legislation has broad support, including AARP, Every Child by Two, Families Fighting Flu, Immunization Action Coalition, Infectious Diseases Society of America, and MassBio.

Our legislation brings the excise tax into alignment with the most recent developments in medicine. The quick enactment of H.R. 475 is critical to making the newest seasonal flu vaccines available for the 2013-2014 season.

I urge the House to pass this legislation as quickly as possible, and I reserve the balance of my time.

Mr. Speaker, I thank Mr. Gerlach, and thanks to our very capable staffers for having assembled parts of the argument here, and point out that in the Senate, this was done by unanimous consent. That's an important consideration.

I yield back the balance of my time.

Mr. President, I ask unanimous consent that if the Senate receives H.R. 475 from the House of Representatives and the bill is identical to the text which is at the desk, then the bill be read three times and the Senate proceed to a vote at a time to be determined by the majority leader, in consultation with the minority leader, with no intervening action or debate.

Pursuant to the previous order, I ask unanimous consent that the Senate proceed to the consideration of H.R. 475 and that it be read a third time and the Senate proceed to vote on passage as provided under the previous order.