Modernizing Influenza Vaccines in the United States to Promote National Security and Public Health

Citation84 FR 49935
Record Number2019-20804
Published date24 September 2019
SectionPresidential Documents
CourtExecutive Office Of The President
Federal Register, Volume 84 Issue 185 (Tuesday, September 24, 2019)
[Federal Register Volume 84, Number 185 (Tuesday, September 24, 2019)]
                [Presidential Documents]
                [Pages 49935-49939]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-20804] Presidential Documents
                Federal Register / Vol. 84, No. 185 / Tuesday, September 24, 2019 /
                Presidential Documents
                ___________________________________________________________________
                Title 3--
                The President
                [[Page 49935]]
                 Executive Order 13887 of September 19, 2019
                
                Modernizing Influenza Vaccines in the United
                 States to Promote National Security and Public Health
                 By the authority vested in me as President by the
                 Constitution and the laws of the United States of
                 America, including section 301 of title 3, United
                 States Code, it is hereby ordered as follows:
                 Section 1. Findings. (a) Influenza viruses are
                 constantly changing as they circulate globally in
                 humans and animals. Relatively minor changes in these
                 viruses cause annual seasonal influenza outbreaks,
                 which result in millions of illnesses, hundreds of
                 thousands of hospitalizations, and tens of thousands of
                 deaths each year in the United States. Periodically,
                 new influenza A viruses emerge from animals, including
                 birds and pigs, that can spread efficiently and have
                 sustained transmission among humans. This situation is
                 called an influenza pandemic (pandemic). Unlike
                 seasonal influenza, a pandemic has the potential to
                 spread rapidly around the globe, infect higher numbers
                 of people, and cause high rates of illness and death in
                 populations that lack prior immunity. While it is not
                 possible to predict when or how frequently a pandemic
                 may occur, there have been 4 pandemics in the last 100
                 years. The most devastating pandemic occurred in 1918-
                 1919 and is estimated to have killed more than 50
                 million people worldwide, including 675,000 Americans.
                 (b) Vaccination is the most effective defense
                 against influenza. Despite recommendations by the
                 Centers for Disease Control and Prevention (CDC) that
                 nearly every American should receive the influenza
                 vaccine annually, however, seasonal influenza
                 vaccination levels in the United States have currently
                 reached only about 45 percent of CDC goals.
                 (c) All influenza vaccines presently in use have
                 been developed for circulating or anticipated influenza
                 viruses. These vaccines must be reformulated for each
                 influenza season as well as in the event of a pandemic.
                 Additional research is needed to develop influenza
                 vaccines that provide more effective and longer-lasting
                 protection against many or all influenza viruses.
                 (d) The current domestic enterprise for
                 manufacturing influenza vaccines has critical
                 shortcomings. Most influenza vaccines are made in
                 chicken eggs, using a 70-year-old process that requires
                 months-long production timelines, limiting their
                 utility for pandemic control; rely on a potentially
                 vulnerable supply chain of eggs; require the use of
                 vaccine viruses adapted for growth in eggs, which could
                 introduce mutations of the influenza vaccine virus that
                 may render the final product less effective; and are
                 unsuitable for efficient and scalable continuous
                 manufacturing platforms.
                 (e) The seasonal influenza vaccine market rewards
                 manufacturers that deliver vaccines in time for the
                 influenza season, without consideration of the speed or
                 scale of these manufacturers' production processes.
                 This approach is insufficient to meet the response
                 needs in the event of a pandemic, which can emerge
                 rapidly and with little warning. Because the market
                 does not sufficiently reward speed, and because a
                 pandemic has the potential to overwhelm or compromise
                 essential government functions, including defense and
                 homeland security, the Government must take action to
                 promote faster and more scalable manufacturing
                 platforms.
                 Sec. 2. Policy. It is the policy of the United States
                 to modernize the domestic influenza vaccine enterprise
                 to be highly responsive, flexible, scalable, and more
                 effective at preventing the spread of influenza
                 viruses. This is a public
                [[Page 49936]]
                 health and national security priority, as influenza has
                 the potential to significantly harm the United States
                 and our interests, including through large-scale
                 illness and death, disruption to military operations,
                 and damage to the economy. This order directs actions
                 to reduce the United States' reliance on egg-based
                 influenza vaccine production; to expand domestic
                 capacity of alternative methods that allow more agile
                 and rapid responses to emerging influenza viruses; to
                 advance the development of new, broadly protective
                 vaccine candidates that provide more effective and
                 longer lasting immunities; and to support the promotion
                 of increased influenza vaccine immunization across
                 recommended populations.
                 Sec. 3. National Influenza Vaccine Task Force. (a)
                 There is hereby established a National Influenza
                 Vaccine Task Force (Task Force). The Task Force shall
                 identify actions to achieve the objectives identified
                 in section 2 of this order and monitor and report on
                 the implementation and results of those actions. The
                 Task Force shall be co-chaired by the Secretary of
                 Defense and the Secretary of Health and Human Services,
                 or their designees.
                 (b) In addition to the Co-Chairs, the Task Force
                 shall consist of a senior official from the following
                 executive branch departments, agencies, and offices:
                (i) the Department of Defense (DOD);
                (ii) the Department of Justice;
                (iii) the Department of Agriculture;
                (iv) the Department of Veterans Affairs (VA);
                (v) the Department of Homeland Security;
                (vi) the United States Food and Drug Administration;
                (vii) the Centers for Disease Control and Prevention;
                (viii) the National Institutes of Health (NIH);
                (ix) the Centers for Medicare and Medicaid Services (CMS); and
                (x) the Biomedical Advanced Research and Development Authority (BARDA).
                 (c) The Co-Chairs may jointly invite additional
                 Federal Government representatives, with the consent of
                 the applicable executive department, agency, or office
                 head, to attend meetings of the Task Force or to become
                 members of the Task Force, as appropriate.
                 (d) The staffs of the Department of State, the
                 Office of Management and Budget (OMB), the National
                 Security Council, the Council of Economic Advisers, the
                 Domestic Policy Council, the National Economic Council,
                 and the Office of Science and Technology Policy (OSTP)
                 may attend and participate in any Task Force meetings
                 or discussions.
                 (e) The Task Force may consult with State, local,
                 tribal, and territorial government officials and
                 private sector representatives, as appropriate and
                 consistent with applicable law.
                 (f) Within 120 days of the date of this order, the
                 Task Force shall submit a report to the President,
                 through the Assistant to the President for National
                 Security Affairs, the Assistant to the President for
                 Domestic Policy, the Director of the Office of
                 Management and Budget, and the Director of the Office
                 of Science and Technology Policy. The report shall
                 include:
                (i) a 5-year national plan (Plan) to promote the use of more agile and
                scalable vaccine manufacturing technologies and to accelerate development
                of vaccines that protect against many or all influenza viruses;
                (ii) recommendations for encouraging non-profit, academic, and private-
                sector influenza vaccine innovation; and
                (iii) recommendations for increasing influenza vaccination among the
                populations recommended by the CDC and for improving public understanding
                of influenza risk and informed influenza vaccine decision-making.
                [[Page 49937]]
                 (g) Not later than June 1 of each of the 5 years
                 following submission of the report described in
                 subsection (f) of this section, the Task Force shall
                 submit an update on implementation of the Plan and, as
                 appropriate, new recommendations for achieving the
                 policy objectives set forth in section 2 of this order.
                 Sec. 4. Agency Implementation. The heads of executive
                 departments and agencies shall also implement the
                 policy objectives defined in section 2 of this order,
                 consistent with existing authorities and
                 appropriations, as follows:
                 (a) The Secretary of HHS shall:
                (i) through the Assistant Secretary for Preparedness and Response and
                BARDA:
                 (A) estimate the cost of expanding and diversifying domestic vaccine-
                manufacturing capacity to use innovative, faster, and more scalable
                technologies, including cell-based and recombinant vaccine manufacturing,
                through cost-sharing agreements with the private sector, which shall
                include an agreed-upon pricing strategy during a pandemic;
                 (B) estimate the cost of expanding domestic production capacity of
                adjuvants in order to combine such adjuvants with both seasonal and
                pandemic influenza vaccines;
                 (C) estimate the cost of expanding domestic fill-and-finish capacity to
                rapidly fulfill antigen and adjuvant needs for pandemic response;
                 (D) estimate the cost of developing, evaluating, and implementing
                delivery systems to augment limited supplies of needles and syringes and to
                enable the rapid and large-scale administration of pandemic influenza
                vaccines;
                 (E) evaluate incentives for the development and production of vaccines by
                private manufacturers and public-private partnerships, including, in
                emergency situations, the transfer of technology to public-private
                partnerships--such as the HHS Centers for Innovation and Advanced
                Development and Manufacturing or other domestic manufacturing facilities--
                in advance of a pandemic, in order to be able to ensure adequate domestic
                pandemic manufacturing capacity and capability;
                 (F) support, in coordination with the DOD, NIH, and VA, a suite of
                clinical studies featuring different adjuvants to support development of
                improved vaccines and further expand vaccine supply by reducing the dose of
                antigen required; and
                 (G) update, in coordination with other relevant public health agencies,
                the research agenda to dramatically improve the effectiveness, efficiency,
                and reliability of influenza vaccine production;
                (ii) through the Director of NIH, provide to the Task Force estimated
                timelines for implementing NIH's strategic plan and research agenda for
                developing influenza vaccines that can protect individuals over many years
                against multiple types of influenza viruses;
                (iii) through the Commissioner of Food and Drugs:
                 (A) further implement vaccine production process improvements to reduce
                the time required for vaccine production (e.g., through the use of novel
                technologies for vaccine seed virus development and through implementation
                of improved potency and sterility assays);
                 (B) develop, in conjunction with the CDC, proposed alternatives for the
                timing of vaccine virus selection to account for potentially shorter
                timeframes associated with non-egg based manufacturing and to facilitate
                vaccines optimally matched to the circulating strains;
                 (C) further support the conduct, in collaboration with the DOD, BARDA,
                and CDC, of applied scientific research regarding developing cell lines and
                expression systems that markedly increase the yield of cell-based and
                recombinant influenza vaccine manufacturing processes; and
                [[Page 49938]]
                 (D) assess, in coordination with BARDA and relevant vaccine
                manufacturers, the use and potential effects of using advanced
                manufacturing platforms for influenza vaccines;
                (iv) through the Director of the CDC:
                 (A) expand vaccine effectiveness studies to more rapidly evaluate the
                effectiveness of cell-based and recombinant influenza vaccines relative to
                egg-based vaccines;
                 (B) explore options to expand the production capacity of cell-based
                vaccine candidates used by industry;
                 (C) develop a plan to expand domestic capacity for whole genome
                characterization of influenza viruses;
                 (D) increase influenza vaccine use through enhanced communication and by
                removing barriers to vaccination; and
                 (E) enhance communication to healthcare providers about the performance
                of influenza vaccines, in order to assist them in promoting the most
                effective vaccines for their patient populations; and
                (v) through the Administrator of CMS, examine the current legal,
                regulatory, and policy framework surrounding payment for influenza vaccines
                and assess adoption of domestically manufactured vaccines that have
                positive attributes for pandemic response (such as scalability and speed of
                manufacturing).
                 (b) The Secretary of Defense shall:
                (i) provide OMB with a cost estimate for transitioning DOD's annual
                procurement of influenza vaccines to vaccines manufactured both
                domestically and through faster, more scalable, and innovative
                technologies;
                (ii) direct, in coordination with the VA, CDC, and other components of HHS,
                the conduct of epidemiological studies of vaccine effectiveness to improve
                knowledge of the clinical effect of the currently licensed influenza
                vaccines;
                (iii) use DOD's network of clinical research sites to evaluate the
                effectiveness of licensed influenza vaccines, including methods of boosting
                their effectiveness;
                (iv) identify opportunities to use DOD's vaccine research and development
                enterprise, in collaboration with HHS, to include both early discovery and
                design of influenza vaccines as well as later-stage evaluation of candidate
                influenza vaccines;
                (v) investigate, in collaboration with HHS, alternative correlates of
                immune protection that could facilitate development of next-generation
                influenza vaccines;
                (vi) direct the conduct of a study to assess the feasibility of using DOD's
                advanced manufacturing facility for manufacturing cell-based or recombinant
                influenza vaccines during a pandemic; and
                (vii) accelerate, in collaboration with HHS, research regarding rapidly
                scalable prophylactic influenza antibody approaches to complement a
                universal vaccine initiative and address gaps in current vaccine coverage.
                 (c) The Secretary of VA shall provide OMB with a
                 cost estimate for transitioning its annual procurement
                 of influenza vaccines to vaccines manufactured both
                 domestically and with faster, more scalable, and
                 innovative technologies.
                 Sec. 5. Termination. The Task Force shall terminate
                 upon direction from the President or, with the approval
                 of the President, upon direction from the Task Force
                 Co-Chairs.
                 Sec. 6. General Provisions. (a) Nothing in this order
                 shall be construed to impair or otherwise affect:
                (i) the authority granted by law to an executive department or agency, or
                the head thereof; or
                [[Page 49939]]
                (ii) the functions of the Director of the Office of Management and Budget
                relating to budgetary, administrative, or legislative proposals.
                 (b) This order shall be implemented consistent with
                 applicable law and subject to the availability of
                 appropriations.
                 (c) This order is not intended to, and does not,
                 create any right or benefit, substantive or procedural,
                 enforceable at law or in equity by any party against
                 the United States, its departments, agencies, or
                 entities, its officers, employees, or agents, or any
                 other person.
                
                
                 (Presidential Sig.)
                 THE WHITE HOUSE,
                 September 19, 2019.
                [FR Doc. 2019-20804
                Filed 9-23-19; 8:45 am]
                Billing code 3295-F9-P
                

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