H.R. 8447

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8447 Introduced in House (IH)]

<DOC>

119th CONGRESS
2d Session
H. R. 8447

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

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

April 22, 2026

Mr. Larsen of Washington (for himself, Ms. Ross, Ms. Stansbury, Ms. 
Norton, Ms. Barragan, and Mr. Thanedar) introduced the following bill; 
which was referred to the Committee on Energy and Commerce, and in 
addition to the Committee on the Budget, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
of such provisions as fall within the jurisdiction of the committee 
concerned

_______________________________________________________________________

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 2026''.

SEC. 2. FINDINGS.

The 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 Americans.
(2) In an average season, influenza results in 6,300 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) Strategies that increase seasonal influenza vaccination 
rates will also improve pandemic readiness.
(5) The National Influenza Vaccine Modernization Strategy 
of 2020-2030, established pursuant to Executive Order 13887, 
titled ``Modernizing Influenza Vaccines in the United States to 
Promote National Security and Public Health'', should be fully 
implemented to ensure the Nation's vaccine enterprise is highly 
responsive, flexible, scalable, and effective at reducing the 
impact of seasonal and pandemic influenza viruses.
(6) Critical United States pharmaceutical supply chains are 
dangerously reliant on China, and the United States must take 
actions to strengthen its position as the global leader in 
biotechnology research and development.
(7) Vaccine hesitancy in the United States represents a 
threat to the Nation's national security and public health. 
Efforts must be taken to restore trust and confidence in 
scientific data and public health messaging.
(8) Support for communication, outreach, and administration 
across public health and health care settings is critical to 
ensure awareness of and access to influenza vaccines, 
treatments, and medical countermeasures.

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, not later than 3 years after the date of enactment of 
this Act, to have 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, 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, not later than 10 years after the date of enactment of 
this Act, to have developed a universal influenza vaccine.
(2) Plan.--
(A) Publication.--Not later than 1 year after the 
date of enactment of this Act, the Secretary of Health 
and Human Services, 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) In general.--The Secretary of Health and Human Services 
shall--
(A) establish public-private partnerships to 
strengthen the domestic vaccine supply chain; and
(B) 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.
(2) Domestic vaccine supply chain.--For purposes of this 
subsection, the term ``domestic vaccine supply chain'' includes 
the full domestic supply chain, including--
(A) production of ingredients and manufacturing and 
distribution of finished vaccines;
(B) fill-finish capacity; and
(C) the supply chain of ancillary supplies such as 
needles and syringes.
(d) National Influenza Vaccine Modernization Strategy.--The 
Secretary of Health and Human Services shall--
(1) fully 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 
the 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), 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), 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 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 the 
fiscal years 2027 through 2031, to remain available until 
expended.''.

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

(a) 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).
(b) 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.
(c) 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 
laboratories, at public health department laboratories, and by 
means of self-testing) in an influenza pandemic, including 
addressing transportation infrastructure, the need for 
sterilization, and sourcing critical raw materials, components, 
and parts.
(d) Scaling Up Prophylactic Influenza Antibody Products That 
Address Gaps in Coverage.--The Director of the Biomedical Advanced 
Research and Development Authority may conduct or support preventive 
approaches, including those still in preclinical and clinical stages, 
to rapidly scale up preexposure prophylactic influenza antibody 
products that address influenza infection.
(e) Modernizing Potency Assays.--The Commissioner of Food and Drugs 
shall work with vaccine manufacturers to modernize potency assays 
across a variety of manufacturing technologies so as to reduce by 6 
weeks the period required to first evaluate new vaccine candidates 
during a pandemic.
(f) Improved Influenza Therapeutics.--The Director of the 
Biomedical Advanced Research and Development Authority may conduct or 
support improved influenza therapeutics that--
(1) are more broadly protective; and
(2) meet the needs of high-risk and high-exposure patients.

SEC. 5. INCREASING INFLUENZA VACCINE, THERAPEUTICS, AND TESTING ACCESS 
AND COVERAGE ACROSS ALL POPULATIONS.

(a) Annual Report on Public Communication Strategy.--The Director 
of the Centers for Disease Control and Prevention shall submit an 
annual report to the Congress on the public communication strategy of 
the Centers to increase public confidence in the safety and 
effectiveness of vaccines.
(b) Sense of Congress.--It is the sense of Congress that the 
National Institutes of Health, the Director of the Centers for Disease 
Control and Prevention, the Secretary of Defense, the Secretary of 
Veterans Affairs, the Administrator of the Centers for Medicare & 
Medicaid Services, and the Commissioner of Food and Drugs should 
support research using large data sets from multiple sources of health 
data to further support and evaluate vaccine safety and effectiveness 
over multiple influenza seasons.
(c) Addressing Misinformation and Disinformation.--
(1) In general.--The Secretary of Health and Human Services 
shall create partnerships to educate individuals about the 
safety and efficacy of influenza vaccines and the potential 
harms of influenza, particularly for unvaccinated individuals.
(2) Requirement.--The partnerships under paragraph (1) 
shall allow for dissemination of best practices and lessons 
learned between partnering organizations.
(3) Members.--The members of the partnerships under 
paragraph (1) shall include representatives of organizations 
with experience working with vulnerable populations, 
including--
(A) individuals with chronic health conditions;
(B) older Americans;
(C) parents of young children;
(D) pregnant women;
(E) Tribal communities;
(F) racial and ethnic minorities; and
(G) rural communities.
(4) Conferring with partnering organizations.--The 
Secretary of Health and Human Services shall confer with 
organizations represented in partnerships under paragraph (1)--
(A) in advance of each seasonal influenza season, 
on messaging and communications; and
(B) at the end of each seasonal influenza season, 
on best practices and lessons learned.
(5) Report to congress.--Not later than one year after the 
date of enactment of this Act, the Secretary of Health and 
Human Services shall report to the Congress on the partnerships 
created, and activities conducted, under this section.
(d) Communications Public-Private Partnership.--
(1) In general.--Not later than six months after the date 
of enactment of this Act, the Secretary of Health and Human 
Services shall implement a targeted demonstration project that 
provides for the establishment of a communications public-
private partnership initiative for increasing vaccine 
confidence.
(2) Requirements.--The demonstration project under 
paragraph (1) shall--
(A) be implemented through an independent, 
nongovernmental, nonprofit entity;
(B) focus on individuals with chronic illness or 
other comorbidities who tend to have worse clinical 
outcomes from influenza (such as individuals with heart 
disease or diabetes, and racial and ethnic minorities);
(C) support behavioral research around sources of 
vaccine hesitancy; and
(D) develop and implement a targeted, multimodal 
communications campaign, using internet platforms, 
television, and nontraditional targeted social media 
and community outreach in an effort to reach 
individuals who may be especially vaccine hesitant.
(3) Report.--Not later than six months after completion of 
the demonstration project under paragraph (1), the Secretary of 
Health and Human Services shall--
(A) prepare a report on the demonstration project, 
including an evaluation of the project's methods, 
findings, and results; and
(B) make such report publicly available on the 
website of the Department of Health and Human Services.
(e) Incorporating Health Outreach Into Seasonal and Pandemic 
Influenza Planning and Response.--The Director of the Centers for 
Disease Control and Prevention and the Assistant Secretary for 
Preparedness and Response shall--
(1) incorporate health outreach into the seasonal and 
pandemic influenza planning and response programs overseen by 
such officials; and
(2) include in such programs strategies to reach rural 
communities, communities with lower socioeconomic status, 
racial and ethnic minorities, seniors, and individuals with 
disabilities, including addressing barriers to vaccinations, 
therapeutics, and diagnostics in the point-of-care and at-home, 
self-testing settings.
(f) Expanding Access to Influenza Treatment Through a Test-To-Treat 
Demonstration Program.--
(1) Demonstration project.--
(A) In general.--Not later than one year after the 
date of enactment of this Act, the Secretary of Health 
and Human Services shall initiate an influenza test-to-
treat demonstration project.
(B) Length; locations.--This demonstration project 
under subparagraph (A) shall run for the length of one 
seasonal influenza season and be based in one or more 
of the following locations:
(i) Facilities that serve vulnerable 
populations, such as populations who are in 
long-term care facilities, are 65 years of age 
or older, may have other medical conditions, 
and will be in unavoidable close contact with 
others.
(ii) Federal health care facilities that 
serve at-risk and vulnerable communities, such 
as Indian Health Service clinics, federally 
qualified health centers (as defined in section 
1861(aa) of the Social Security Act (42 U.S.C. 
1395x(aa))), and facilities of the Department 
of Veterans Affairs.
(iii) Other appropriate locations 
identified by the Secretary of Health and Human 
Services, in consultation with external 
stakeholder organizations, to test the 
operational feasibility and impact of influenza 
test-to-treat programs.
(2) Report.--Not later than 6 months after completion of 
the demonstration project, the Secretary of Health and Human 
Services shall--
(A) prepare a report on the demonstration project 
under paragraph (1), including an evaluation of the 
project's methods, findings, and results; and
(B) make such report publicly available on the 
website of the Department of Health and Human Services.
(g) Creating Administration Pathways.--The Secretary of Health and 
Human Services may award grants to States to create administration 
pathways for pharmacy personnel to administer influenza vaccines, 
tests, and therapeutics, in order to increase vaccination, testing, and 
relevant treatment as needed for adults and children.
(h) Strategic National Stockpile and Security Countermeasure 
Procurements.--
(1) In general.--The Secretary of Health and Human Services 
shall incorporate into the Strategic National Stockpile under 
section 319F-2 of the Public Health Service Act (42 U.S.C. 
247d-6b) products needed to respond to pandemic influenza, 
including through--
(A) dynamic management of antivirals;
(B) vendor-managed inventory of testing equipment 
and supplies;
(C) replenishment of aging antivirals, testing 
equipment, supplies, and other products; and
(D) diversification of stockpiled products.
(2) Medical countermeasures preparedness review.--The 
Assistant Secretary for Preparedness and Response shall 
incorporate into the annual Medical Countermeasures 
Preparedness Review under section 319F-2 of the Public Health 
Service (42 U.S.C. 247d-6b) an assessment of the supplies 
available for an influenza pandemic, including replenishment of 
used and expired medical countermeasures and an assessment of 
existing State-level stockpiles.
(3) GAO study.--The Comptroller General of the United 
States shall conduct a study of existing State-level pandemic 
stockpiles, guidance provided by Strategic National Stockpile 
to State stockpiles, and the sufficiency of such guidance.
(i) Monitoring and Distributing Influenza Antiviral Supplies.--The 
Secretary of Health and Human Services shall--
(1) monitor influenza antiviral supplies throughout the 
country and publicly report challenges in availability in any 
region, State, county, or metropolitan area; and
(2) establish a process, to be used in the case of a 
pandemic or during times when influenza antiviral supply 
availability is challenged, to ensure rapid and effective 
distribution of products to areas of urgent need in close 
coordination with manufacturers, distributors, and State and 
local health officials.
(j) Plan for Ensuring Access to Appropriate Influenza Therapeutics, 
Preexposure Prophylaxis, and Diagnostics.--
(1) In general.--Not later than 1 year after the date of 
enactment of this Act, the Secretary of Health and Human 
Services shall publish a plan for ensuring access to 
appropriate influenza therapeutics, preexposure prophylaxis 
influenza antibody products, and influenza diagnostics, 
including during times when availability is challenged in 
certain regions or localities, for--
(A) high-risk patients, such as nursing home and 
pediatric patients;
(B) high-exposure patients, such as first 
responders and health care workers; and
(C) low-income individuals, individuals covered by 
Medicaid, uninsured individuals, Tribal communities, 
and other underserved populations.
(2) Communications efforts.--The plan required by paragraph 
(1) shall include communications efforts to educate the public 
about the benefits of early use of influenza diagnostics, 
therapeutics, and preexposure prophylaxis products.

SEC. 6. AUTHORIZING SUSTAINABLE FUNDING FOR THE INFLUENZA ECOSYSTEM.

(a) Influenza Planning and Response Program.--There is authorized 
to be appropriated $231,358,000 for fiscal year 2027 and each 
subsequent fiscal year for programs and activities of the Centers for 
Disease Control and Prevention relating to influenza planning and 
response.
(b) Strategic National Stockpile.--There is authorized to be 
appropriated $1,000,000,000 for fiscal year 2027 and each subsequent 
fiscal year for the Strategic National Stockpile under section 319F-2 
of the Public Health Service Act (42 U.S.C. 247d-6b).
(c) Industrial Base Management and Supply Chain.--There is 
authorized $10,00,0000 for fiscal year 2027 and each subsequent fiscal 
year for the Center for Industrial Base Management and Supply Chain of 
the Administration for Strategic Preparedness and Response.
(d) Hospital Preparedness Program.--There is authorized to be 
appropriated $307,000,000 for fiscal year 2027 and each subsequent 
fiscal year for the Hospital Preparedness Program of the Administration 
for Strategic Preparedness and Response.
(e) Universal Flu Vaccine Research.--There is authorized to be 
appropriated $270,000,000 for fiscal year 2027 and each subsequent 
fiscal year for research of the National Institutes of Health to 
develop a universal flu vaccine.
(f) Immunization Program.--There is authorized to be appropriated 
$681,933,000 for fiscal year 2027 and each subsequent fiscal year for 
the immunization program of the Centers for Disease Control and 
Prevention under section 317 of the Public Health Service Act (42 
U.S.C. 247b).
(g) Public Health Emergency Preparedness Program.--There is 
authorized to be appropriated $735,000,000 for fiscal year 2027 and 
each subsequent fiscal year for the Public Health Emergency 
Preparedness Program of the Centers for Disease Control and Prevention.
(h) Data Modernization Initiative.--There is authorized to be 
appropriated $185,000,000 for fiscal year 2027 and each subsequent 
fiscal year for the Public Health Data Modernization Initiative of the 
Centers for Disease Control and Prevention.
(i) Advanced Molecular Detection Program.--There is authorized to 
be appropriated $43,000,000 for fiscal year 2027 and each subsequent 
fiscal year for the Advanced Molecular Detection Program at the Centers 
for Disease Control and Prevention.
(j) Health Defense Operations Budget Matters.--
(1) Designation.--Section 251(b)(2) of the Balanced Budget 
and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)) 
is amended by adding at the end the following:
``(H) Health defense operations.--(i) If, for any 
fiscal year, appropriations for discretionary accounts 
are enacted that the Congress designates in statute on 
an account-by-account basis as being for health defense 
operations, then the adjustment for that fiscal year 
shall be the total of such appropriations for that 
fiscal year.
``(ii) Any report or explanatory statement 
accompanying an appropriations Act that contains an 
account with amounts that are designated as being for 
health defense operations pursuant to clause (i) shall 
specify each program, project, or activity that will be 
funded by such amounts, and a specific dollar amount 
provided for each such program, project, or 
activity.''.
(2) Professional bypass budget.--Title IV of the Public 
Health Service Act (42 U.S.C. 281 et seq.) is amended by 
inserting after section 402B the following:

``SEC. 402C. HEALTH DEFENSE OPERATIONS PROFESSIONAL BYPASS BUDGET.

``(a) In General.--For fiscal year 2028 and each fiscal year 
thereafter, the Director of the Centers for Disease Control and 
Prevention, the Director of the National Institutes of Health, and the 
Assistant Secretary for Preparedness and Response shall prepare and 
submit directly to the President for review and transmittal to 
Congress, after reasonable opportunity for comment, but without change, 
by the Secretary of Health and Human Services, an annual budget 
estimate (including an estimate of the number and type of personnel 
needs for the Institutes) for amounts to be designated as being for 
health defense operations pursuant to subparagraph (H) of section 
251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 
1985.
``(b) Programs, Projects, and Activities.--Any budget estimate 
submitted pursuant to subsection (a) by the Director shall include any 
program, project, or activity that received funds designated under such 
subparagraph (H) for the fiscal year during which such budget is 
submitted, except that the Director may modify the programs, projects, 
or activities contained in such budget estimate as circumstances 
warrant.''.
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