I 

114TH CONGRESS 

1ST SESSION H. R. 3299 

To amend the Public Health Service Act to ensure preparedness for chemical, 

radiological, biological, and nuclear threats, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 29, 2015 

Mrs. BROOKS of Indiana (for herself and Ms. ESHOO) introduced the following 

bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To amend the Public Health Service Act to ensure preparedness for chemical, radiological, biological, and nuclear 

threats, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Strengthening Public 

5 Health Emergency Response Act of 2015’’. 

6 SEC. 2. HOSPITAL PREPAREDNESS PROGRAM. 

7 Subsection (j) of section 319C–2 of the Public Health 

8 Service Act (42 U.S.C. 247d–3b) is amended by adding 

9 at the end the following: 


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1 ‘‘(5) MINIMUM FUNDING LEVEL FOR

2 AWARDS.—Of the amounts appropriated to carry out 

3 this section for a fiscal year, not less than 97 per4 cent shall be awarded to eligible entities as described 

5 in subsection (a).’’. 

6 SEC. 3. GAO REPORT ON STATE, LOCAL, AND HOSPITAL 

7 PREPAREDNESS PROGRAMS. 

8 (a) IN GENERAL.—Not later than 1 year after the 

9 date of enactment of this Act, the Comptroller General 

10 of the United States shall submit a report to the Congress 

11 on the programs for awarding cooperative agreements and 

12 grants under section 319C–1 of the Public Health Service 

13 Act (42 U.S.C. 247d–3a; improving State and local public 

14 health security) and section 319C–2 of such Act (42 

15 U.S.C. 247d–3b; partnerships for State and regional hos16 pital preparedness to improve surge capacity). 

17 (b) CONTENTS.—The report under subsection (a) 

18 shall address each of the following: 

19 (1) The goals of the programs specified in sub20 section (a). 

21 (2) The extent to which such goals are being 

22 met, including performance metrics that could help 

23 assess whether such programs are succeeding. 

24 (3) How such programs could be improved. 


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1 (4) How such programs complement other pre2 paredness programs of the Department of Health 

3 and Human Services. 

4 (5) How funds awarded through such programs 

5 should be allocated and whether that allocation 

6 should be based on risk. 

7 (6) Progress made toward State and local pre8 paredness entities being self-sustaining. 

9 (7) Whether the level of funding for such pro10 grams is sufficient. 

11 SEC. 4. STRATEGIC NATIONAL STOCKPILE. 

12 Section 319F–2(a)(2) of the Public Health Service 

13 Act (42 U.S.C. 247d–6b(a)(2)) is amended— 

14 (1) in subparagraph (G), by striking ‘‘and’’ at 

15 the end; 

16 (2) in subparagraph (H), by striking the period 

17 at the end and inserting ‘‘; and’’; and 

18 (3) by adding at the end the following: 

19 ‘‘(I) ensure procedures are in place to co20 ordinate the ongoing stockpiling by the Bio21 medical Advanced Research and Development 

22 Authority and Centers for Disease Control and 

23 Prevention of qualified countermeasures (as de24 fined in section 319F–1), security counter25 measures (as defined in this section), and qualiVerDate Sep 11 2014 22:47 Aug 03, 2015 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3299.IH H3299

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1 fied pandemic or epidemic products (as defined 

2 in section 319F–3) for which funds have been 

3 made available under section 319L in order to 

4 avoid any gaps in preparedness.’’. 

5 SEC. 5. PROJECT BIOSHIELD PROCUREMENT PROCESS. 

6 Section 319F–2(c) of the Public Health Service Act 

7 (42 U.S.C. 247d–6b(c)) is amended— 

8 (1) in paragraph (4)(A)(ii), by striking ‘‘make 

9 a recommendation under paragraph (6) that the spe10 cial reserve fund as defined in subsection (h) be 

11 made available for the procurement of such counter12 measure’’ and inserting ‘‘make available the special 

13 reserve fund as defined in subsection (h) for pro14 curement of such countermeasure’’; 

15 (2) in paragraph (6)— 

16 (A) by striking subparagraphs (A), (B), 

17 (C), and (E); and 

18 (B) by striking ‘‘(6) RECOMMENDATIONS

19 FOR PRESIDENT’S APPROVAL’’ and all that fol20 lows through ‘‘(D) SUBSEQUENT SPECIFIC

21 COUNTERMEASURES.—’’ and inserting ‘‘(6) 

22 SUBSEQUENT SPECIFIC COUNTERMEASURES.— 

23 Procurement under’’; and 

24 (3) in paragraph (7)— 

25 (A) by striking subparagraph (A); 


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1 (B) by redesignating subparagraph (B) as 

2 subparagraph (A) and amending such subpara3 graph (A), as redesignated, to read as follows: 

4 ‘‘(A) PAYMENTS FROM SPECIAL RESERVE

5 FUND.—The special reserve fund as defined in 

6 subsection (h) shall be available for payments 

7 made by the Secretary to a vendor for procure8 ment of a security countermeasure in accord9 ance with the provisions of this paragraph.’’; 

10 and 

11 (C) by redesignating subparagraph (C) as 

12 subparagraph (B). 

13 SEC. 6. BARDA TRANSACTION AUTHORITIES. 

14 Section 319L(c)(5) of the Public Health Service Act 

15 (42 U.S.C. 247d–7e(c)(5)) is amended by adding at the 

16 end the following: 

17 ‘‘(H) CONTRACTING AUTHORITY.—The 

18 Secretary shall delegate authority for negoti19 ating and entering into any contracts, grants, 

20 or cooperative agreements under this section to 

21 the Director.’’. 


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1 SEC. 7. PUBLIC HEALTH EMERGENCY MEDICAL COUNTER2 MEASURES ENTERPRISE STRATEGY AND IM3 PLEMENTATION PLAN. 

4 Section 2811(d)(2) of the Public Health Service Act 

5 (42 U.S.C. 300hh–10(d)(2)) is amended— 

6 (1) in subparagraph (A), by inserting after ‘‘de7 scribe the chemical, biological, radiological, and nu8 clear agent or agents that may present a threat to 

9 the Nation’’ the following: ‘‘(which shall include pan10 demic influenza)’’; 

11 (2) by striking ‘‘and’’ at the end of subpara12 graph (J); 

13 (3) by redesignating subparagraph (K) as sub14 paragraph (L); and 

15 (4) by inserting after subparagraph (J) the fol16 lowing: 

17 ‘‘(K) report on the amount of time between 

18 the issuance of each request for proposal or 

19 task order from the Biomedical Advanced Re20 search and Development Authority and the 

21 award of a contract pursuant to such request 

22 for proposal or task order; and’’. 

23 SEC. 8. PRIORITY REVIEW TO ENCOURAGE TREATMENTS 

24 FOR NATIONAL SECURITY THREATS. 

25 Section 524(a)(3) of the Federal Food, Drug, and 

26 Cosmetic Act (21 U.S.C. 360n(a)(3)) is amended— 


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1 (1) by redesignating subparagraph (R) as sub2 paragraph (S); and 

3 (2) by inserting after subparagraph (Q) the fol4 lowing: 

5 ‘‘(R) Any disease or other agent that is de6 termined to be a material threat under section 

7 319F–2(c)(2)(A)(ii) of the Public Health Serv8 ice Act.’’. 

Æ 


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