[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3219 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 3219

   To protect against seasonal and pandemic influenza, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 2, 2023

Ms. Baldwin (for herself, Ms. Klobuchar, Mr. Blumenthal, and Ms. Smith) 
introduced the following bill; which was read twice and referred to the 
          Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
   To protect against seasonal and pandemic influenza, 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 ``Protecting America from Seasonal and 
Pandemic Influenza Act of 2023'' or the ``Influenza Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Influenza occurs seasonally each year, and, throughout 
        history, has caused devastating pandemics. The 1918 influenza 
        pandemic killed an estimated 675,000 people in the United 
        States.
            (2) In an average season, influenza results in 12,000 to 
        52,000 deaths in the United States, including over 100 
        pediatric deaths. Additionally, influenza causes hundreds of 
        thousands of hospitalizations and millions of illnesses.
            (3) The Council of Economic Advisors issued a report in 
        2019 estimating that seasonal influenza costs the United States 
        approximately $361,000,000,000 per year, and that an influenza 
        pandemic has the potential to cause up to $3,790,000,000,000 in 
        losses. This report was issued prior to the COVID-19 pandemic, 
        which will cost the United States an estimated 
        $16,000,000,000,000.
            (4) Most funding for pandemic influenza preparedness up 
        until fiscal year 2018 was derived from supplemental 
        appropriations that dated back to the 2009 H1N1 pandemic.
            (5) Centers for Disease Control and Prevention (referred to 
        in this section as the ``CDC'') studies of influenza 
        hospitalization rates by race and ethnicity during 10 influenza 
        seasons from 2009 to 2019 showed that individuals from racial 
        and ethnic minority groups are at higher risk for being 
        hospitalized with influenza.
            (6) The COVID-19 pandemic response has been built on the 
        pandemic influenza response ecosystem.
            (7) Strategies that increase seasonal influenza vaccination 
        rates will also improve pandemic readiness.
            (8) The National Influenza Vaccine Modernization Strategy 
        of 2020-2030 of the Department of Health and Human Services 
        should be implemented as quickly as possible to ensure the 
        Nation's vaccine enterprise is highly responsive, flexible, 
        scalable, and effective at reducing the impact of seasonal and 
        pandemic influenza viruses.
            (9) Influenza surveillance has been improved significantly 
        through advances in next-generation gene sequencing tools to 
        analyze circulating influenza viruses. The technology allows 
        the CDC to study more influenza viruses faster and in more 
        detail, and to monitor genetic changes in influenza viruses to 
        better understand and improve the effectiveness of influenza 
        vaccines.
            (10) Influenza diagnosis and surveillance has improved 
        significantly through advances in influenza testing. Timely 
        infection control and prevention strategies would be 
        significantly bolstered by accurate and readily accessible at-
        home diagnostic tests. Rapid diagnostics can improve access for 
        underserved populations and allow for better antibiotic 
        stewardship.
            (11) Vaccine hesitancy in the United States has reached a 
        tipping point where it is adversely affecting public health. 
        Misinformation is widely available on social media, and 
        traditional sources of information on the value and efficacy of 
        vaccines are not trusted by many people of the United States, 
        especially those who are vaccine hesitant.
            (12) Support for vaccine communication, outreach, and 
        administration across public health and health care settings is 
        critical to drive demand of influenza vaccines, treatments, and 
        medical countermeasures and ensure equitable uptake of such 
        innovations.

SEC. 3. STRENGTHENING AND DIVERSIFYING INFLUENZA VACCINE, THERAPEUTICS, 
              AND DIAGNOSTICS DEVELOPMENT, MANUFACTURING, AND SUPPLY 
              CHAIN.

    (a) Timely Delivery of First Doses of Finished Influenza Vaccine.--
            (1) National goal.--It is a national goal for the United 
        States to have, not later than 3 years after the date of 
        enactment of this Act, the capacity to deliver first doses of 
        finished influenza vaccine within 12 weeks of emergence of an 
        influenza strain with pandemic potential.
            (2) Plan.--Not later than 6 months after the date of 
        enactment of this Act, the Secretary of Health and Human 
        Services, acting through the Assistant Secretary for 
        Preparedness and Response and the Director of the Biomedical 
        Advanced Research and Development Authority, shall publish a 
        plan to achieve the goal specified in paragraph (1).
    (b) Universal Influenza Vaccine.--
            (1) National goal.--It is a national goal for the United 
        States to have developed a universal influenza vaccine, not 
        later than 10 years after the date of enactment of this Act.
            (2) Plan.--
                    (A) Publication.--Not later than 1 year after the 
                date of enactment of this Act, the Secretary of Health 
                and Human Services, acting through the Director of the 
                National Institutes of Health and the Director of the 
                Biomedical Advanced Research and Development Authority, 
                shall publish a plan to achieve the goal specified in 
                paragraph (1) in partnership with vaccine 
                manufacturers.
                    (B) Interim support.--The plan under subparagraph 
                (A) shall include provisions, as necessary to achieve 
                such goal, for support over the period of 5 years 
                following the publication of such plan of the 
                following:
                            (i) Incremental vaccine efficacy 
                        improvements.
                            (ii) The research workforce.
    (c) Strengthening the Vaccine Supply Chain.--
            (1) Public-private partnerships.--
                    (A) In general.--The Secretary of Health and Human 
                Services shall--
                            (i) establish public-private partnerships 
                        to strengthen the domestic vaccine supply 
                        chain; and
                            (ii) evaluate the capabilities, capacity, 
                        and utilization of such partnerships, including 
                        by assessing and testing relevant logistical 
                        and interoperable technology with stakeholders 
                        in the supply chain.
                    (B) Domestic vaccine supply chain.--For purposes of 
                this paragraph, the term ``domestic vaccine supply 
                chain'' includes the full domestic supply chain, 
                including--
                            (i) production of ingredients and 
                        manufacturing and distribution of finished 
                        vaccines;
                            (ii) fill-finish capacity; and
                            (iii) the supply chain of ancillary 
                        supplies such as needles and syringes.
            (2) Evaluation of using dpa.--The Secretary of Health and 
        Human Services, in coordination with the Administrator of the 
        Federal Emergency Management Agency and the Secretary of 
        Defense, shall--
                    (A) evaluate the use of the Defense Production Act 
                of 1950 (50 U.S.C. 4501 et seq.) for COVID-19 pandemic 
                response;
                    (B) not later than 1 year after the date of 
                enactment of this Act, complete such evaluation and 
                submit a report to Congress on the results of such 
                evaluation; and
                    (C) include in such report--
                            (i) recommendations on using the Defense 
                        Production Act of 1950 (50 U.S.C. 4501 et seq.) 
                        for building domestic capacity to respond to an 
                        influenza pandemic; and
                            (ii) input from external stakeholders.
    (d) National Influenza Vaccine Modernization Strategy.--The 
Secretary of Health and Human Services shall--
            (1) implement the portions of the National Influenza 
        Vaccine Modernization Strategy 2020-2030 that are within the 
        authority of the Department of Health and Human Services to 
        carry out (under other applicable provisions of law); and
            (2) by June 15 each calendar year through 2030, submit to 
        Congress a report on such implementation.
    (e) Assistant Secretary for Preparedness and Response.--Section 
2811 of the Public Health Service Act (42 U.S.C. 300hh-10) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (3), by inserting ``, including 
                the pandemic influenza medical countermeasures program 
                under paragraphs (2)(E) and (4)(H) of section 319L(c)'' 
                after ``qualified pandemic or epidemic products (as 
                defined in section 319F-3)''; and
                    (B) in paragraph (7), in the matter preceding 
                subparagraph (A), by inserting ``, including through 
                the pandemic influenza medical countermeasures program 
                under paragraphs (2)(E) and (4)(H) of section 319L(c)'' 
                after ``for each such threat''; and
            (2) in subsection (d)(2)--
                    (A) in subparagraph (J)(v), by striking ``and'' at 
                the end;
                    (B) by redesignating subparagraph (K) as 
                subparagraph (L); and
                    (C) by inserting after subparagraph (J) the 
                following:
                    ``(K) evaluate progress with respect to 
                implementing the National Influenza Vaccine 
                Modernization Strategy, issued in June 2020, or any 
                successor strategy; and''.
    (f) Biomedical Advanced Research and Development Authority.--
            (1) Preparedness activities.--Section 319L(c) of the Public 
        Health Service Act (42 U.S.C. 247d-7e(c)) is amended--
                    (A) in paragraph (2)--
                            (i) in subparagraph (C), by striking 
                        ``and'' at the end;
                            (ii) in subparagraph (D), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end of the 
                        following:
                    ``(E) supporting pandemic influenza countermeasure 
                preparedness.''; and
                    (B) in paragraph (4), by adding at the end of the 
                following:
                    ``(H) Pandemic influenza medical countermeasures 
                program.--In carrying out paragraph (2)(E), the 
                Secretary shall establish and implement a program 
                that--
                            ``(i) supports research and development 
                        activities for qualified pandemic or epidemic 
                        products (as defined in section 319F-3), 
                        including by--
                                    ``(I) developing innovative 
                                technologies to enhance rapid response 
                                to pandemic influenza threats;
                                    ``(II) developing influenza 
                                vaccines with potential universal 
                                vaccination capability;
                                    ``(III) developing enhanced 
                                influenza vaccines with longer lasting 
                                broad spectrum protective immunity 
                                against a wider range of antigenically 
                                divergent influenza strains;
                                    ``(IV) developing alternative 
                                vaccine delivery approaches;
                                    ``(V) developing novel small- and 
                                large-molecule novel influenza 
                                antivirals, monoclonal antibodies, and 
                                other products that provide better 
                                influenza treatment and prevention;
                                    ``(VI) developing innovative 
                                technologies to enhance rapid diagnosis 
                                of influenza; and
                                    ``(VII) implementing the National 
                                Influenza Vaccine Modernization 
                                Strategy, issued in June 2020, or any 
                                successor strategy;
                            ``(ii) ensures readiness to respond to 
                        qualified pandemic and epidemic threats, 
                        including by--
                                    ``(I) supporting development and 
                                manufacturing of influenza virus seeds, 
                                clinical trial lots, and stockpiles of 
                                novel influenza strains;
                                    ``(II) supporting the stockpile of 
                                influenza antivirals through 
                                diversifying and replenishing the 
                                existing stockpile of influenza 
                                antivirals;
                                    ``(III) supporting manufacturing 
                                and fill-finish rapid response 
                                infrastructure;
                                    ``(IV) supporting the stockpile of 
                                influenza testing equipment and 
                                supplies; and
                                    ``(V) testing and evaluating 
                                pandemic threat rapid response 
                                capabilities through regular 
                                preparedness drills with key public and 
                                private sector partners that examine 
                                the range of activities (including 
                                production and clinical testing of 
                                influenza diagnostics, vaccines, and 
                                therapeutics) required to effectively 
                                respond to novel threats; and
                            ``(iii) builds, sustains, and replenishes 
                        qualified pandemic and epidemic stockpiles of 
                        bulk antigen and adjuvant material, including 
                        by--
                                    ``(I) annually testing the potency 
                                and shelflife potential of all existing 
                                pandemic and epidemic stockpiles held 
                                by the Department of Health and Human 
                                Services; and
                                    ``(II) developing, and 
                                disseminating to key public and private 
                                sector partners, a life cycle 
                                management plan.''.
    (g) Authorization of Appropriations.--Section 319L(d) of the Public 
Health Service Act (42 U.S.C. 247d-7e(d)) is amended by adding at the 
end the following:
            ``(3) Pandemic influenza.--To carry out this section and 
        section 2811 with respect to pandemic influenza, in addition to 
        amounts authorized to be appropriated by paragraph (2) and any 
        amounts authorized to be appropriated by section 2811, there is 
        authorized to be appropriated $335,000,000 for each of fiscal 
        years 2024 through 2028, to remain available until expended.''.

SEC. 4. PROMOTING INNOVATIVE APPROACHES AND USE OF NEW TECHNOLOGIES TO 
              DETECT, PREVENT, AND RESPOND TO INFLUENZA.

    (a) Sense of Congress.--It is the sense of Congress that the 
Centers for Disease Control and Prevention should support interoperable 
immunization information systems that enable bidirectional data 
exchange among States, localities, and community immunization 
providers.
    (b) Prioritizing Influenza, Influenza Combination, and Pathogen 
Agnostic Tools.--
            (1) NIH.--The Director of the National Institutes of Health 
        may conduct or support basic research prioritizing the 
        development of--
                    (A) agnostic tools to detect influenza and other 
                pathogens; and
                    (B) technologies that automate sample preparation 
                for such tools.
            (2) BARDA.--The Director of the Biomedical Advanced 
        Research and Development Authority may conduct or support 
        advanced development of novel sequencing modalities 
        prioritizing tools described in paragraph (1)(A) and 
        technologies described in paragraph (1)(B).
    (c) Development of Point-of-Care and Self-Testing Diagnostics.--The 
Director of the Biomedical Advanced Research and Development Authority, 
in collaboration with the Director of the Centers for Disease Control 
and Prevention, the Director of the National Institutes of Health, and 
the Commissioner of Food and Drugs, may conduct or support development 
of rapid, accurate, easily accessible, self-administrable diagnostic 
tests that are readable at the point of care or at home.
    (d) Incorporating Diagnostics Supply Chain Resiliency Into 
Influenza Pandemic Planning.--The Assistant Secretary for Preparedness 
and Response, in collaboration with the Commissioner of Food and Drugs, 
the Director of the Centers for Disease Control and Prevention, the 
Secretary of Commerce, and the Secretary of Transportation, shall--
            (1) incorporate diagnostics supply chain resiliency into 
        influenza pandemic planning that supports a health care system 
        that tests to treat and bolsters testing and vaccine delivery 
        supply chains; and
            (2) not later than 1 year after the date of enactment of 
        this Act, publish a plan for rapidly expanding public and 
        private diagnostic testing capacity (including at clinical