H.R.5243 - Influenza Vaccine Emergency Act108th Congress (2003-2004)
Summary: H.R.5243 — 108th Congress (2003-2004)
Introduced in House (10/07/2004)
Influenza Vaccine Emergency Act - Amends the Public Health Service Act to require influenza vaccine manufacturers to include a provision in any contract for the sale of the vaccine in interstate commerce expressing the policy that the Secretary of Health and Human Services has the authority to take title to necessary quantities of the vaccine if the Secretary declares that there is a public health emergency by reason of an influenza vaccine shortage, and that the manufacturer will reimburse the purchaser for any such quantity not received.
Requires the Secretary to pay the manufacturer or distributor for any quantity taken at the price the manufacturer or distributor would have received for that quantity of vaccine.
Requires the Secretary to determine the extent of compliance with guidelines for the distribution of influenza vaccine and, before using the authority to take title to the vaccine, to publish notice that such compliance has not been sufficient to constitute an adequate response to the emergency. Allows the Secretary, in lieu of taking title to a vaccine, to order any vaccine manufacturer or distributor to honor its contracts with States or political subdivisions. Requires the Secretary to provide any influenza vaccine to States, political subdivisions, and such other public or private entities as appropriate as a response to the emergency involved. Allows the Secretary to make an emergency declaration if the delivery waiting time for States or political subdivisions to receive the vaccine constitutes a significant threat to children, adolescents, or adults served by the immunization program.