[House Report 114-42]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 114-42
======================================================================
ACCESS TO LIFE-SAVING TRAUMA CARE FOR ALL AMERICANS ACT
_______
March 16, 2015.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Upton, from the Committee on Energy and Commerce, submitted the
following
R E P O R T
[To accompany H.R. 647]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 647) to amend title XII of the Public Health
Service Act to reauthorize certain trauma care programs, and
for other purposes, having considered the same, report
favorably thereon without amendment and recommend that the bill
do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 2
Committee Consideration.......................................... 2
Committee Votes.................................................. 2
Committee Oversight Findings..................................... 3
Statement of General Performance Goals and Objectives............ 3
New Budget Authority, Entitlement Authority, and Tax Expenditures 3
Earmark, Limited Tax Benefits, and Limited Tariff Benefits....... 3
Committee Cost Estimate.......................................... 3
Congressional Budget Office Estimate............................. 3
Federal Mandates Statement....................................... 4
Duplication of Federal Programs.................................. 5
Disclosure of Directed Rule Makings.............................. 5
Advisory Committee Statement..................................... 5
Applicability to Legislative Branch.............................. 5
Section-by-Section Analysis of the Legislation................... 5
Changes in Existing Law Made by the Bill, as Reported............ 5
Purpose and Summary
H.R. 647, Access to Life-Saving Trauma Care for All
Americans Act was introduced on February 2, 2015, by Rep.
Michael Burgess (R-TX) and Rep. Gene Green (D-TX) and referred
to the Committee on Energy and Commerce. The legislation is
intended to support and prevent further trauma center closures
and would amend the Public Health Service Act (PHSA) to
establish three grant programs: (1) Substantial Uncompensated
Care Awards; (2) Core Mission Awards; and (3) Emergency Awards.
Background and Need for Legislation
Trauma centers should be available for all victims of
traumatic injury. Getting a trauma victim to a trauma center
right away is the first step in saving his or her life.
Unfortunately, many trauma centers are at serious risk of
closure and financial insolvency.
In addition, the supply of trauma surgeons in the United
States is rapidly declining, and the pipeline to replace
retiring trauma surgeons and surgical specialists is limited.
As a result of this shortage, and other factors, an increasing
number of trauma centers are closing or downgrading their
trauma center designation level due to factors that include a
lack of access to on-call trauma specialists.
The public's expectation that trauma care will always be
available to them wherever they reside or travel has yet to be
met. Nearly thirty trauma centers have closed in the past
fifteen years, which has limited the availability of critical
trauma care in several States.
H.R. 647 will provide critically needed resources to offset
uncompensated costs in trauma centers, support core mission
trauma services, provide emergency funding to trauma centers,
and address trauma center physician shortages in order to
ensure the future availability of trauma care for all our
citizens.
Hearings
The Subcommittee on Health held a hearing on H.R. 647 on
January 27, 2015, and the Subcommittee received testimony from
Blaine L. Enderson, MD, Department of Surgery, University of
Tennessee Medical Center.
Committee Consideration
On February 4, 2015, the Subcommittee on Health met in open
markup session to consider a Committee Print entitled ``Access
to Life-Saving Trauma Care for All Americans Act'' and
forwarded the Committee Print to the full Committee, without
amendment, by a voice vote. On February 11 and 12, 2015, the
full Committee met in open markup session to consider H.R. 647,
which was substantially similar to the Committee Print
forwarded by the Subcommittee, and ordered the bill favorably
reported to the House, without amendment, by a voice vote.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report legislation and amendments thereto.
There were no record votes taken in connection with ordering
H.R. 647 reported. A motion by Mr. Upton to order H.R. 647
reported to the House, without amendment, was agreed to by a
voice vote.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee held a hearing and made
findings, which are reflected throughout this report.
Statement of General Performance Goals and Objectives
H.R. 647 is intended to support and prevent trauma center
grant closures by establishing three grant programs:
Substantial Uncompensated Care Awards, Core Mission Awards; and
Emergency Awards.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
647, would result in no new or increased budget authority,
entitlement authority, or tax expenditures or revenues.
Earmark, Limited Tax Benefits, and Limited Tariff Benefits
In compliance with clause 9(e), 9(f), and 9(g) of rule XXI
of the Rules of the House of Representatives, the Committee
finds that H.R. 647 contains no earmarks, limited tax benefits,
or limited tariff benefits.
Committee Cost Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
Congressional Budget Office Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
provided by the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 11, 2015.
Hon. Fred Upton,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 647, the Access to
Life-Saving Trauma Care for All Americans Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Zoee
Williams.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
H.R. 647--Access to Life-Saving Trauma Care for All Americans Act
Summary: H.R. 647 would amend the Public Health Service Act
to authorize funding for grant programs that support trauma
care centers and trauma service availability. The bill also
would clarify that public, nonprofit, Indian Health Service,
Indian tribal, and urban Indian trauma centers are eligible to
receive grants, and would change the administration of those
grant programs to be the responsibility of the Assistant
Secretary for Preparedness and Response.
The bill would authorize the appropriation of $100 million
a year for each of fiscal years 2016 through 2020. CBO
estimates that implementing the bill would cost $401 million
over the 2016-2020 period, assuming appropriation of the
authorized amounts. Pay-as-you-go procedures do not apply to
this legislation because it would not affect direct spending or
revenues.
H.R. 647 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Estimated cost to the Federal Government: For this
estimate, CBO assumes that H.R. 647 will be enacted by the
start of fiscal year 2016, the Congress will appropriate the
authorized amounts for each year, and spending will follow
historical patterns for similar programs. The estimated
budgetary effects of H.R. 647 are shown in the following table.
The costs of this legislation fall within budget function 550
(health).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------
2016-
2016 2017 2018 2019 2020 2020
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level....................................... 100 100 100 100 100 500
Estimated Outlays......................................... 25 84 94 98 100 401
----------------------------------------------------------------------------------------------------------------
Pay-As-You-Go considerations: None.
Intergovernmental and private-sector impact: H.R. 647
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Estimate prepared by: Federal costs: Zoee Williams; Impact
on state, local, and tribal governments: J'nell Blanco Suchy;
Impact on the private sector: Amy Petz.
Estimate approved by: Holly Harvey, Deputy Assistant
Director for Budget Analysis.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Duplication of Federal Programs
No provision of H.R. 647 establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rule Makings
The Committee estimates that enacting H.R. 647 specifically
directs to be completed 0 rule makings within the meaning of 5
U.S.C. 551.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short title
Section 1 provides the short title ``Access to Life-Saving
Trauma Care for All Americans Act.''
Section 2. Reauthorization of Trauma and Emergency Care Programs
Section 2 reauthorizes the Trauma Care Center Grants and
the Trauma Service Availability Grants in section 1245 of the
Public Health Service act at previously authorized levels.
Section 3. Alignment of programs under Assistant Secretary of
Preparedness and Response
This section consolidates existing Federal trauma programs
under the Assistant Secretary for Preparedness and Response.
Section 4. Technical clarifications relating to Trauma Center Grants
This section clarifies that nonprofit trauma centers are
eligible for the Trauma Care Center Grants.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
PUBLIC HEALTH SERVICE ACT
* * * * * * *
TITLE XII--TRAUMA CARE
* * * * * * *
[Part D--Trauma Centers Operating in Areas Severely Affected by Drug-
Related Violence]
PART D--TRAUMA CENTERS
SEC. 1241. GRANTS FOR CERTAIN TRAUMA CENTERS.
(a) In General.--The Secretary shall establish 3 programs to
award grants to [qualified public, nonprofit Indian Health
Service, Indian tribal, and urban Indian trauma centers]
qualified public trauma centers, qualified nonprofit trauma
centers, and qualified Indian Health Service, Indian tribal,
and urban Indian trauma centers--
(1) to assist in defraying substantial uncompensated
care costs;
(2) to further the core missions of such trauma
centers, including by addressing costs associated with
patient stabilization and transfer, trauma education
and outreach, coordination with local and regional
trauma systems, essential personnel and other fixed
costs, and expenses associated with employee and non-
employee physician services; and
(3) to provide emergency relief to ensure the
continued and future availability of trauma services.
(b) Minimum Qualifications of Trauma Centers.--
(1) Participation in trauma care system operating
under certain professional guidelines.--Except as
provided in paragraph (2), the Secretary may not award
a grant to a trauma center under subsection (a) unless
the trauma center is a participant in a trauma system
that substantially complies with section 1213.
(2) Exemption.--Paragraph (1) shall not apply to
trauma centers that are located in States with no
existing trauma care system.
(3) Qualification for substantial uncompensated care
costs.--The Secretary shall award substantial
uncompensated care grants under subsection (a)(1) only
to trauma centers meeting at least 1 of the criteria in
1 of the following 3 categories:
(A) Category a.--The criteria for category A
are as follows:
(i) At least 40 percent of the visits
in the emergency department of the
hospital in which the trauma center is
located were charity or self-pay
patients.
(ii) At least 50 percent of the
visits in such emergency department
were Medicaid (under title XIX of the
Social Security Act (42 U.S.C. 1396 et
seq.)) and charity and self-pay
patients combined.
(B) Category b.--The criteria for category B
are as follows:
(i) At least [35] 30 percent of the
visits in the emergency department were
charity or self-pay patients.
(ii) At least [50] 40 percent of the
visits in the emergency department were
Medicaid and charity and self-pay
patients combined.
(C) Category c.--The criteria for category C
are as follows:
(i) At least 20 percent of the visits
in the emergency department were
charity or self-pay patients.
(ii) At least 30 percent of the
visits in the emergency department were
Medicaid and charity and self-pay
patients combined.
(4) Trauma centers in 1115 waiver states.--
Notwithstanding paragraph (3), the Secretary may award
a substantial uncompensated care grant to a trauma
center under subsection (a)(1) if the trauma center
qualifies for funds under a Low Income Pool or Safety
Net Care Pool established through a waiver approved
under section 1115 of the Social Security Act (42
U.S.C. 1315).
(5) Designation.--The Secretary may not award a grant
to a trauma center unless such trauma center is
verified by the American College of Surgeons or
designated by an equivalent State or local agency.
(c) Additional Requirements.--The Secretary may not award a
grant to a trauma center under subsection (a)(1) unless such
trauma center--
(1) submits to the Secretary a plan satisfactory to
the Secretary that demonstrates a continued commitment
to serving trauma patients regardless of their ability
to pay; and
(2) has policies in place to assist patients who
cannot pay for part or all of the care they receive,
including a sliding fee scale, and to ensure fair
billing and collection practices.
* * * * * * *
SEC. 1245. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out this part, there are
authorized to be appropriated $100,000,000 for fiscal year
[2009, and such] 2009, such sums as may be necessary for each
of fiscal years 2010 through 2015, and $100,000,000 for each of
fiscal years 2016 through 2020. Such authorization of
appropriations is in addition to any other authorization of
appropriations or amounts that are available for such purpose.
* * * * * * *
PART H--TRAUMA SERVICE AVAILABILITY
* * * * * * *
SEC. 1282. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out this part, there is
authorized to be appropriated $100,000,000 for each of fiscal
years 2010 through [2015] 2020.
* * * * * * *
TITLE XXVIII--NATIONAL ALL-HAZARDS PREPAREDNESS FOR PUBLIC HEALTH
EMERGENCIES
* * * * * * *
Subtitle B--All-Hazards Emergency Preparedness and Response
SEC. 2811. COORDINATION OF PREPAREDNESS FOR AND RESPONSE TO ALL-HAZARDS
PUBLIC HEALTH EMERGENCIES.
(a) In General.--There is established within the Department
of Health and Human Services the position of the Assistant
Secretary for Preparedness and Response. The President, with
the advice and consent of the Senate, shall appoint an
individual to serve in such position. Such Assistant Secretary
shall report to the Secretary.
(b) Duties.--Subject to the authority of the Secretary, the
Assistant Secretary for Preparedness and Response shall carry
out the following functions:
(1) Leadership.--Serve as the principal advisor to
the Secretary on all matters related to Federal public
health and medical preparedness and response for public
health emergencies.
(2) Personnel.--Register, credential, organize,
train, equip, and have the authority to deploy Federal
public health and medical personnel under the authority
of the Secretary, including the National Disaster
Medical System, and coordinate such personnel with the
Medical Reserve Corps and the Emergency System for
Advance Registration of Volunteer Health Professionals.
(3) Countermeasures.--Oversee advanced research,
development, and procurement of qualified
countermeasures (as defined in section 319F-1),
security countermeasures (as defined in section 319F-
2), and qualified pandemic or epidemic products (as
defined in section 319F-3).
(4) Coordination.--
(A) Federal integration.--Coordinate with
relevant Federal officials to ensure
integration of Federal preparedness and
response activities for public health
emergencies.
(B) State, local, and tribal integration.--
Coordinate with State, local, and tribal public
health officials, the Emergency Management
Assistance Compact, health care systems, and
emergency medical service systems to ensure
effective integration of Federal public health
and medical assets during a public health
emergency.
(C) Emergency medical services.--Promote
improved emergency medical services medical
direction, system integration, research, and
uniformity of data collection, treatment
protocols, and policies with regard to public
health emergencies.
(D) Policy coordination and strategic
direction.--Provide integrated policy
coordination and strategic direction with
respect to all matters related to Federal
public health and medical preparedness and
execution and deployment of the Federal
response for public health emergencies and
incidents covered by the National Response Plan
developed pursuant to section 504(6) of the
Homeland Security Act of 2002, or any successor
plan, before, during, and following public
health emergencies.
(E) Identification of inefficiencies.--
Identify and minimize gaps, duplication, and
other inefficiencies in medical and public
health preparedness and response activities and
the actions necessary to overcome these
obstacles.
(F) Coordination of grants and agreements.--
Align and coordinate medical and public health
grants and cooperative agreements as applicable
to preparedness and response activities
authorized under this Act, to the extent
possible, including program requirements,
timelines, and measurable goals, and in
consultation with the Secretary of Homeland
Security, to--
(i) optimize and streamline medical
and public health preparedness and
response capabilities and the ability
of local communities to respond to
public health emergencies; and
(ii) gather and disseminate best
practices among grant and cooperative
agreement recipients, as appropriate.
(G) Drill and operational exercises.--Carry
out drills and operational exercises, in
consultation with the Department of Homeland
Security, the Department of Defense, the
Department of Veterans Affairs, and other
applicable Federal departments and agencies, as
necessary and appropriate, to identify, inform,
and address gaps in and policies related to
all-hazards medical and public health
preparedness and response, including exercises
based on--
(i) identified threats for which
countermeasures are available and for
which no countermeasures are available;
and
(ii) unknown threats for which no
countermeasures are available.
(H) National security priority.--On a
periodic basis consult with, as applicable and
appropriate, the Assistant to the President for
National Security Affairs, to provide an update
on, and discuss, medical and public health
preparedness and response activities pursuant
to this Act and the Federal Food, Drug, and
Cosmetic Act, including progress on the
development, approval, clearance, and licensure
of medical countermeasures.
(5) Logistics.--In coordination with the Secretary of
Veterans Affairs, the Secretary of Homeland Security,
the General Services Administration, and other public
and private entities, provide logistical support for
medical and public health aspects of Federal responses
to public health emergencies.
(6) Leadership.--Provide leadership in international
programs, initiatives, and policies that deal with
public health and medical emergency preparedness and
response.
(7) Countermeasures budget plan.--Develop, and update
on an annual basis, a coordinated 5-year budget plan
based on the medical countermeasure priorities
described in subsection (d). Each such plan shall--
(A) include consideration of the entire
medical countermeasures enterprise, including--
(i) basic research and advanced
research and development;
(ii) approval, clearance, licensure,
and authorized uses of products; and
(iii) procurement, stockpiling,
maintenance, and replenishment of all
products in the Strategic National
Stockpile;
(B) inform prioritization of resources and
include measurable outputs and outcomes to
allow for the tracking of the progress made
toward identified priorities;
(C) identify medical countermeasure life-
cycle costs to inform planning, budgeting, and
anticipated needs within the continuum of the
medical countermeasure enterprise consistent
with section 319F-2; and
(D) be made available to the appropriate
committees of Congress upon request.
(c) Functions.--The Assistant Secretary for Preparedness and
Response shall--
(1) have lead responsibility within the Department of
Health and Human Services for emergency preparedness
and response policy coordination and strategic
direction;
(2) have authority over and responsibility for--
(A) the National Disaster Medical System
pursuant to section 2812;
(B) the Hospital Preparedness Cooperative
Agreement Program pursuant to section 319C-2;
(C) the Biomedical Advanced Research and
Development Authority pursuant to section 319L;
(D) the Medical Reserve Corps pursuant to
section 2813;
(E) the Emergency System for Advance
Registration of Volunteer Health Professionals
pursuant to section 319I; and
(F) administering grants and related
authorities related to [trauma care under parts
A through C of title XII] trauma care under
parts A through D of title XII and part H of
such title, such authority to be transferred by
the Secretary from the Administrator of the
Health Resources and Services Administration to
such Assistant Secretary;
(3) exercise the responsibilities and authorities of
the Secretary with respect to the coordination of--
(A) the Public Health Emergency Preparedness
Cooperative Agreement Program pursuant to
section 319C-1;
(B) the Strategic National Stockpile pursuant
to section 319F-2; and
(C) the Cities Readiness Initiative; and
(4) assume other duties as determined appropriate by
the Secretary.
(d) Public Health Emergency Medical Countermeasures
Enterprise Strategy and Implementation Plan.--
(1) In general.--Not later than 180 days after the
date of enactment of this subsection, and every year
thereafter, the Assistant Secretary for Preparedness
and Response shall develop and submit to the
appropriate committees of Congress a coordinated
strategy and accompanying implementation plan for
medical countermeasures to address chemical,
biological, radiological, and nuclear threats. In
developing such a plan, the Assistant Secretary for
Preparedness and Response shall consult with the
Director of the Biomedical Advanced Research and
Development Authority, the Director of the National
Institutes of Health, the Director of the Centers for
Disease Control and Prevention, and the Commissioner of
Food and Drugs. Such strategy and plan shall be known
as the ``Public Health Emergency Medical
Countermeasures Enterprise Strategy and Implementation
Plan''.
(2) Requirements.--The plan under paragraph (1)
shall--
(A) describe the chemical, biological,
radiological, and nuclear agent or agents that
may present a threat to the Nation and the
corresponding efforts to develop qualified
countermeasures (as defined in section 319F-1),
security countermeasures (as defined in section
319F-2), or qualified pandemic or epidemic
products (as defined in section 319F-3) for
each threat;
(B) evaluate the progress of all activities
with respect to such countermeasures or
products, including research, advanced
research, development, procurement,
stockpiling, deployment, distribution, and
utilization;
(C) identify and prioritize near-, mid-, and
long-term needs with respect to such
countermeasures or products to address a
chemical, biological, radiological, and nuclear
threat or threats;
(D) identify, with respect to each category
of threat, a summary of all awards and
contracts, including advanced research and
development and procurement, that includes--
(i) the time elapsed from the
issuance of the initial solicitation or
request for a proposal to the
adjudication (such as the award, denial
of award, or solicitation termination);
and
(ii) an identification of projected
timelines, anticipated funding
allocations, benchmarks, and milestones
for each medical countermeasure
priority under subparagraph (C),
including projected needs with regard
to replenishment of the Strategic
National Stockpile;
(E) be informed by the recommendations of the
National Biodefense Science Board pursuant to
section 319M;
(F) evaluate progress made in meeting
timelines, allocations, benchmarks, and
milestones identified under subparagraph
(D)(ii);
(G) report on the amount of funds available
for procurement in the special reserve fund as
defined in section 319F-2(h) and the impact
this funding will have on meeting the
requirements under section 319F-2;
(H) incorporate input from Federal, State,
local, and tribal stakeholders;
(I) identify the progress made in meeting the
medical countermeasure priorities for at-risk
individuals (as defined in 2802(b)(4)(B)), as
applicable under subparagraph (C), including
with regard to the projected needs for related
stockpiling and replenishment of the Strategic
National Stockpile, including by addressing the
needs of pediatric populations with respect to
such countermeasures and products in the
Strategic National Stockpile, including--
(i) a list of such countermeasures
and products necessary to address the
needs of pediatric populations;
(ii) a description of measures taken
to coordinate with the Office of
Pediatric Therapeutics of the Food and
Drug Administration to maximize the
labeling, dosages, and formulations of
such countermeasures and products for
pediatric populations;
(iii) a description of existing gaps
in the Strategic National Stockpile and
the development of such countermeasures
and products to address the needs of
pediatric populations; and
(iv) an evaluation of the progress
made in addressing priorities
identified pursuant to subparagraph
(C);
(J) identify the use of authority and
activities undertaken pursuant to sections
319F-1(b)(1), 319F-1(b)(2), 319F-1(b)(3), 319F-
1(c), 319F-1(d), 319F-1(e), 319F-
2(c)(7)(C)(iii), 319F-2(c)(7)(C)(iv), and 319F-
2(c)(7)(C)(v) of this Act, and subsections
(a)(1), (b)(1), and (e) of section 564 of the
Federal Food, Drug, and Cosmetic Act, by
summarizing--
(i) the particular actions that were
taken under the authorities specified,
including, as applicable, the
identification of the threat agent,
emergency, or the biomedical
countermeasure with respect to which
the authority was used;
(ii) the reasons underlying the
decision to use such authorities,
including, as applicable, the options
that were considered and rejected with
respect to the use of such authorities;
(iii) the number of, nature of, and
other information concerning the
persons and entities that received a
grant, cooperative agreement, or
contract pursuant to the use of such
authorities, and the persons and
entities that were considered and
rejected for such a grant, cooperative
agreement, or contract, except that the
report need not disclose the identity
of any such person or entity;
(iv) whether, with respect to each
procurement that is approved by the
President under section 319F-2(c)(6), a
contract was entered into within one
year after such approval by the
President; and
(v) with respect to section 319F-
1(d), for the one-year period for which
the report is submitted, the number of
persons who were paid amounts totaling
$100,000 or greater and the number of
persons who were paid amounts totaling
at least $50,000 but less than
$100,000; and
(K) be made publicly available.
(3) GAO report.--
(A) In general.--Not later than 1 year after
the date of the submission to the Congress of
the first Public Health Emergency Medical
Countermeasures Enterprise Strategy and
Implementation Plan, the Comptroller General of
the United States shall conduct an independent
evaluation, and submit to the appropriate
committees of Congress a report, concerning
such Strategy and Implementation Plan.
(B) Content.--The report described in
subparagraph (A) shall review and assess--
(i) the near-term, mid-term, and
long-term medical countermeasure needs
and identified priorities of the
Federal Government pursuant to
paragraph (2)(C);
(ii) the activities of the Department
of Health and Human Services with
respect to advanced research and
development pursuant to section 319L;
and
(iii) the progress made toward
meeting the timelines, allocations,
benchmarks, and milestones identified
in the Public Health Emergency Medical
Countermeasures Enterprise Strategy and
Implementation Plan under this
subsection.
(e) Protection of National Security.--In carrying out
subsections (b)(7) and (d), the Secretary shall ensure that
information and items that could compromise national security,
contain confidential commercial information, or contain
proprietary information are not disclosed.
* * * * * * *
[all]