text: 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.
  
      Part P of title III of the Public Health Service Act (42 U.S.C. 
  280g et seq.) is amended by adding at the end the following:
  
  ``SEC. 399O. AWARENESS CAMPAIGN AND EDUCATION AND OUTREACH EFFORTS.
  
      ``(a) Campaign.--The Secretary, acting through the Director of the 
  Centers for Disease Control and Prevention (in this section 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:
  
  ``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.
  
      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
  
                              ``vaccine supply
  
      ``Sec. 2141. (a) Requests for More Doses.--
              ``(1) In general.--Not later than March 15 of each year, 
          the Secretary shall enter into contracts with manufacturers to 
          produce such additional doses of the influenza vaccine as 
          determined necessary by the Secretary.
              ``(2) Content of contract.--A contract for additional doses 
          shall provide that the manufacturer will be compensated by the 
          Secretary at an equitable rate negotiated by the Secretary 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 Secretary to be 
                  produced by such manufacturer.
              ``(3) When such vaccine purchases should take place.--The 
          Secretary may purchase from the manufacturer the doses for 
          which it has contracted at any time after which it is 
          determined by the Secretary, in consultation with the 
          manufacturer, that the doses will likely not be absorbed by the 
          private market.
      ``(b) Contingency Plan.--The Secretary 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 301, is amended by adding at the end the following:
  
              ``preparation for influenza pandemic or epidemic
  
      ``Sec. 2142. (a) Establishment of a Protocol.--The Secretary, 
  acting through the Director of the National Vaccine Program (referred 
  to in this section as the `Director of the Program'), shall continue 
  progress on the pandemic preparedness plan and, in consultation with 
  the Director of the Centers for Disease Control and Prevention, 
  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 of the Program.
      ``(b) Contents of Protocol.--The protocol established under 
  subsection (a) shall--
              ``(1) improve upon the current influenza vaccines and 
          production and dissemination methods; and
              ``(2) address--
                      ``(A) methods to coordinate dissemination of the 
                  influenza vaccine to key populations in the event of an 
                  influenza pandemic or epidemic;
                      ``(B) 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;
                      ``(C) alternative ways to manufacture or produce 
                  the influenza vaccine;
                      ``(D) alternative methods to prevent the spread of, 
                  and complications associated with, influenza, including 
                  antiviral medications;
                      ``(E) vaccine manufacturing capacity, production, 
                  and dissemination to improve preparedness for immediate 
                  pandemic threats, which may include avian influenza;
                      ``(F) a tracking method for publicly and privately 
                  sold doses of the influenza vaccine to enable the 
                  Director of the Program 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
                      ``(G) other issues determined by the Director of 
                  the Program to be appropriate.
      ``(c) Coordination; Preparation; Prevention.--In establishing the 
  protocol under subsection (a), the Director of the Program shall--
              ``(1) coordinate with health care providers, manufacturers, 
          research institutions, health care organizations, and other 
          expert stakeholders;
              ``(2) continue building international and national 
          surveillance capacity;
              ``(3) continue to engage in epidemiological studies and 
          research on novel influenza viruses; and
              ``(4) 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 $150,000,000 for each of fiscal 
  years 2005 through 2009.''.
target: 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 Secretary to: (1) enter into contracts with manufacturers to produce additional necessary doses of the influenza vaccine; and (2) encourage States to 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 of the National Vaccine Program, to establish a protocol to prevent, prepare for, and respond to an influenza pandemic or epidemic.
feat_title: 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.