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 prepared-
ness for chemical, radiological, biological, and nuclear 
threats, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Strengthening Public 
Health Emergency Response Act of 2015’’. 
SEC. 2. HOSPITAL PREPAREDNESS PROGRAM. 
Subsection (j) of section 319C–2 of the Public Health 
Service Act (42 U.S.C. 247d–3b) is amended by adding 
at the end the following: 
VerDate Sep 11 2014 
22:47 Aug 03, 2015
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3299.IH
H3299
asabaliauskas on DSK5VPTVN1PROD with BILLS
‘‘(5) 
MINIMUM
FUNDING
LEVEL
FOR 
AWARDS.—Of the amounts appropriated to carry out 
this section for a fiscal year, not less than 97 per-
cent shall be awarded to eligible entities as described 
in subsection (a).’’. 
SEC. 3. GAO REPORT ON STATE, LOCAL, AND HOSPITAL 
PREPAREDNESS PROGRAMS. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Comptroller General 
of the United States shall submit a report to the Congress 
on the programs for awarding cooperative agreements and 
grants under section 319C–1 of the Public Health Service 
Act (42 U.S.C. 247d–3a; improving State and local public 
health security) and section 319C–2 of such Act (42 
U.S.C. 247d–3b; partnerships for State and regional hos-
pital preparedness to improve surge capacity). 
(b) CONTENTS.—The report under subsection (a) 
shall address each of the following: 
(1) The goals of the programs specified in sub-
section (a). 
(2) The extent to which such goals are being 
met, including performance metrics that could help 
assess whether such programs are succeeding. 
(3) How such programs could be improved. 
VerDate Sep 11 2014 
22:47 Aug 03, 2015
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3299.IH
H3299
asabaliauskas on DSK5VPTVN1PROD with BILLS
(4) How such programs complement other pre-
paredness programs of the Department of Health 
and Human Services. 
(5) How funds awarded through such programs 
should be allocated and whether that allocation 
should be based on risk. 
(6) Progress made toward State and local pre-
paredness entities being self-sustaining. 
(7) Whether the level of funding for such pro-
grams is sufficient. 
SEC. 4. STRATEGIC NATIONAL STOCKPILE. 
Section 319F–2(a)(2) of the Public Health Service 
Act (42 U.S.C. 247d–6b(a)(2)) is amended— 
(1) in subparagraph (G), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (H), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(I) ensure procedures are in place to co-
ordinate the ongoing stockpiling by the Bio-
medical Advanced Research and Development 
Authority and Centers for Disease Control and 
Prevention of qualified countermeasures (as de-
fined in section 319F–1), security counter-
measures (as defined in this section), and quali-
VerDate Sep 11 2014 
22:47 Aug 03, 2015
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3299.IH
H3299
asabaliauskas on DSK5VPTVN1PROD with BILLS
fied pandemic or epidemic products (as defined 
in section 319F–3) for which funds have been 
made available under section 319L in order to 
avoid any gaps in preparedness.’’. 
SEC. 5. PROJECT BIOSHIELD PROCUREMENT PROCESS. 
Section 319F–2(c) of the Public Health Service Act 
(42 U.S.C. 247d–6b(c)) is amended— 
(1) in paragraph (4)(A)(ii), by striking ‘‘make 
a recommendation under paragraph (6) that the spe-
cial reserve fund as defined in subsection (h) be 
made available for the procurement of such counter-
measure’’ and inserting ‘‘make available the special 
reserve fund as defined in subsection (h) for pro-
curement of such countermeasure’’; 
(2) in paragraph (6)— 
(A) by striking subparagraphs (A), (B), 
(C), and (E); and 
(B) by striking ‘‘(6) RECOMMENDATIONS 
FOR PRESIDENT’S APPROVAL’’ and all that fol-
lows through ‘‘(D) SUBSEQUENT
SPECIFIC 
COUNTERMEASURES.—’’ and inserting ‘‘(6) 
SUBSEQUENT SPECIFIC COUNTERMEASURES.— 
Procurement under’’; and 
(3) in paragraph (7)— 
(A) by striking subparagraph (A); 
VerDate Sep 11 2014 
22:47 Aug 03, 2015
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3299.IH
H3299
asabaliauskas on DSK5VPTVN1PROD with BILLS
(B) by redesignating subparagraph (B) as 
subparagraph (A) and amending such subpara-
graph (A), as redesignated, to read as follows: 
‘‘(A) PAYMENTS FROM SPECIAL RESERVE 
FUND.—The special reserve fund as defined in 
subsection (h) shall be available for payments 
made by the Secretary to a vendor for procure-
ment of a security countermeasure in accord-
ance with the provisions of this paragraph.’’; 
and 
(C) by redesignating subparagraph (C) as 
subparagraph (B). 
SEC. 6. BARDA TRANSACTION AUTHORITIES. 
Section 319L(c)(5) of the Public Health Service Act 
(42 U.S.C. 247d–7e(c)(5)) is amended by adding at the 
end the following: 
‘‘(H) 
CONTRACTING
AUTHORITY.—The 
Secretary shall delegate authority for negoti-
ating and entering into any contracts, grants, 
or cooperative agreements under this section to 
the Director.’’. 
VerDate Sep 11 2014 
22:47 Aug 03, 2015
Jkt 049200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3299.IH
H3299
asabaliauskas on DSK5VPTVN1PROD with BILLS
SEC. 7. PUBLIC HEALTH EMERGENCY MEDICAL COUNTER-
MEASURES ENTERPRISE STRATEGY AND IM-
PLEMENTATION PLAN. 
Section 2811(d)(2) of the Public Health Service Act 
(42 U.S.C. 300hh–10(d)(2)) is amended— 
(1) in subparagraph (A), by inserting after ‘‘de-
scribe the chemical, biological, radiological, and nu-
clear agent or agents that may present a threat to 
the Nation’’ the following: ‘‘(which shall include pan-
demic influenza)’’; 
(2) by striking ‘‘and’’ at the end of subpara-
graph (J); 
(3) by redesignating subparagraph (K) as sub-
paragraph (L); and 
(4) by inserting after subparagraph (J) the fol-
lowing: 
‘‘(K) report on the amount of time between 
the issuance of each request for proposal or 
task order from the Biomedical Advanced Re-
search and Development Authority and the 
award of a contract pursuant to such request 
for proposal or task order; and’’. 
SEC. 8. PRIORITY REVIEW TO ENCOURAGE TREATMENTS 
FOR NATIONAL SECURITY THREATS. 
Section 524(a)(3) of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 360n(a)(3)) is amended— 
VerDate Sep 11 2014 
22:47 Aug 03, 2015
Jkt 049200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3299.IH
H3299
asabaliauskas on DSK5VPTVN1PROD with BILLS
(1) by redesignating subparagraph (R) as sub-
paragraph (S); and 
(2) by inserting after subparagraph (Q) the fol-
lowing: 
‘‘(R) Any disease or other agent that is de-
termined to be a material threat under section 
319F–2(c)(2)(A)(ii) of the Public Health Serv-
ice Act.’’. 
Æ 
VerDate Sep 11 2014 
22:47 Aug 03, 2015
Jkt 049200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6301
E:\BILLS\H3299.IH
H3299
asabaliauskas on DSK5VPTVN1PROD with BILLS