[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3299 Introduced in House (IH)]

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.

    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 ``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:
            ``(5) Minimum funding level for awards.--Of the amounts 
        appropriated to carry out this section for a fiscal year, not 
        less than 97 percent 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 hospital 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 subsection (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.
            (4) How such programs complement other preparedness 
        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 preparedness 
        entities being self-sustaining.
            (7) Whether the level of funding for such programs 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 coordinate 
                the ongoing stockpiling by the Biomedical Advanced 
                Research and Development Authority and Centers for 
                Disease Control and Prevention of qualified 
                countermeasures (as defined in section 319F-1), 
                security countermeasures (as defined in this section), 
                and qualified 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 special reserve 
        fund as defined in subsection (h) be made available for the 
        procurement of such countermeasure'' and inserting ``make 
        available the special reserve fund as defined in subsection (h) 
        for procurement 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 follows through 
                ``(D) Subsequent specific countermeasures.--'' and 
                inserting ``(6) Subsequent specific countermeasures.--
                Procurement under''; and
            (3) in paragraph (7)--
                    (A) by striking subparagraph (A);
                    (B) by redesignating subparagraph (B) as 
                subparagraph (A) and amending such subparagraph (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 procurement of a security countermeasure in 
                accordance 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 negotiating and entering into 
                any contracts, grants, or cooperative agreements under 
                this section to the Director.''.

SEC. 7. PUBLIC HEALTH EMERGENCY MEDICAL COUNTERMEASURES ENTERPRISE 
              STRATEGY AND IMPLEMENTATION 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 ``describe the 
        chemical, biological, radiological, and nuclear agent or agents 
        that may present a threat to the Nation'' the following: 
        ``(which shall include pandemic influenza)'';
            (2) by striking ``and'' at the end of subparagraph (J);
            (3) by redesignating subparagraph (K) as subparagraph (L); 
        and
            (4) by inserting after subparagraph (J) the following:
                    ``(K) report on the amount of time between the 
                issuance of each request for proposal or task order 
                from the Biomedical Advanced Research 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--
            (1) by redesignating subparagraph (R) as subparagraph (S); 
        and
            (2) by inserting after subparagraph (Q) the following:
                    ``(R) Any disease or other agent that is determined 
                to be a material threat under section 319F-
                2(c)(2)(A)(ii) of the Public Health Service Act.''.
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