42 USC 300hh-10 - Coordination of preparedness for and response to all-hazards public health emergencies

U.S Code last checked for updates: May 18, 2024

§ 300hh–10.

Coordination of preparedness for and response to all-hazards public health emergencies

(a)

In general

(b)

Duties

Subject to the authority of the Secretary, the Assistant Secretary for Preparedness and Response shall utilize experience related to public health emergency preparedness and response, biodefense, medical countermeasures, and other relevant topics to carry out the following functions:

(1)

Leadership

(2)

Personnel

(3)

Countermeasures

(4)

Coordination

(A)

Federal integration

(B)

State, local, and tribal integration

(C)

Emergency medical services

(D)

Policy coordination and strategic direction

(E)

Identification of inefficiencies

Identify and minimize gaps, duplication, and other inefficiencies in medical and public health preparedness and response activities and recommend actions necessary to overcome these obstacles, such as—

(i)

improving coordination with relevant Federal officials;

(ii)

partnering with other public or private entities to leverage capabilities maintained by such entities, as appropriate and consistent with this subsection; and

(iii)

coordinating efforts to support or establish new capabilities, as appropriate.

(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 chapter, 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 each year, including national-level and State-level full-scale exercises not less than once every 4 years, 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—

(i)

based on 1

 So in original. Probably should be followed by a dash.

(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;

(ii)

that assess the ability of the Strategic National Stockpile, as appropriate, to provide medical countermeasures, medical products, and other supplies, including ancillary medical supplies, to support the response to a public health emergency or potential public health emergency, including a threat that requires the large-scale and simultaneous deployment of stockpiles and a long-term public health and medical response; and

(iii)

conducted in coordination with State and local health officials.

(H)

National security priority

(I)

Threat awareness

(J)

Medical product and supply capacity planning

Coordinate efforts within the Department of Health and Human Services to support—

(i)

preparedness for medical product and medical supply needs directly related to responding to chemical, biological, radiological, or nuclear threats, including emerging infectious diseases, and incidents covered by the National Response Framework, including—

(I)

sharing information, including with appropriate stakeholders, related to the anticipated need for, and availability of, such products and supplies during such responses;

(II)

supporting activities, which may include public-private partnerships, to maintain capacity of medical products and medical supplies, as applicable and appropriate; and

(III)

planning for potential surges in medical supply needs for purposes of a response to such a threat; and

(ii)

situational awareness with respect to anticipated need for, and availability of, such medical products and medical supplies within the United States during a response to such a threat.

(5)

Logistics

(6)

Leadership

(7)

Countermeasures budget plan

Develop, and update not later than March 15 of each year, a coordinated 5-year budget plan based on the medical countermeasure priorities described in subsection (d), including with respect to chemical, biological, radiological, and nuclear agent or agents that may present a threat to the Nation, including such agents that are novel or emerging infectious diseases, and the corresponding efforts to develop qualified countermeasures (as defined in section 247d–6a of this title), security countermeasures (as defined in section 247d–6b of this title), and qualified pandemic or epidemic products (as defined in section 247d–6d of this title) for each such threat. 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;

(iii)

procurement, stockpiling, maintenance, and potential replenishment (including manufacturing capabilities) of all products in the Strategic National Stockpile;

(iv)

the availability of technologies that may assist in the advanced research and development of countermeasures and opportunities to use such technologies to accelerate and navigate challenges unique to countermeasure research and development; and

(v)

potential deployment, distribution, and utilization of medical countermeasures; development of clinical guidance and emergency use instructions for the use of medical countermeasures; and, as applicable, potential postdeployment activities related to medical countermeasures;

(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 247d–6b of this title;

(D)

identify the full range of anticipated medical countermeasure needs related to research and development, procurement, and stockpiling, including the potential need for indications, dosing, and administration technologies, and other countermeasure needs as applicable and appropriate;

(E)

be made available, not later than March 15 of each year, to the Committee on Appropriations and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Appropriations and the Committee on Energy and Commerce of the House of Representatives; and

(F)

not later than March 15 of each year, be made publicly available in a manner that does not compromise national security.

(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 300hh–11 of this title;

(B)

the Hospital Preparedness Cooperative Agreement Program pursuant to section 247d–3b of this title;

(C)

the Biomedical Advanced Research and Development Authority pursuant to section 247d–7e of this title;

(D)

the Medical Reserve Corps pursuant to section 300hh–15 of this title;

(E)

the Emergency System for Advance Registration of Volunteer Health Professionals pursuant to section 247d–7b of this title; and

(F)

administering grants and related authorities related to trauma care under parts A through C of subchapter X, 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 247d–3a of this title;

(B)

the Strategic National Stockpile pursuant to section 247d–6b of this title; 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

(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 247d–6a of this title), security countermeasures (as defined in section 247d–6b of this title), or qualified pandemic or epidemic products (as defined in section 247d–6d of this title) 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, and ancillary medical supplies to assist with the utilization of 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 247d–7g of this title;

(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 247d–6b(h) of this title and the impact this funding will have on meeting the requirements under section 247d–6b of this title;

(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 2

 So in original. The word “section” probably should appear.

300hh–1(b)(4)(B) of this title), 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 247d–6a(b)(1), 247d–6a(b)(2), 247d–6a(b)(3), 247d–6a(c), 247d–6a(d), 247d–6a(e), 247d–6b(c)(7)(C)(iii), 247d–6b(c)(7)(C)(iv), and 247d–6b(c)(7)(C)(v) of this title, and subsections (a)(1), (b)(1), and (e) of section 564 of the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 360bbb–3], 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 247d–6b(c)(6) of this title, a contract was entered into within one year after such approval by the President; and

(v)

with respect to section 247d–6a(d) of this title, for the 2-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

(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 247d–7e of this title; 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

(f)

Protection of national security from threats

(1)

In general

In carrying out subsection (b)(3), the Assistant Secretary for Preparedness and Response shall implement strategic initiatives or activities to address threats, including pandemic influenza and which may include a chemical, biological, radiological, or nuclear agent (including any such agent with a significant potential to become a pandemic), that pose a significant level of risk to public health and national security based on the characteristics of such threat. Such initiatives shall include activities to—

(A)

accelerate and support the advanced research, development, manufacturing capacity, procurement, and stockpiling of countermeasures, including initiatives under section 247d–7e(c)(4)(F) of this title;

(B)

support the development and manufacturing of virus seeds, clinical trial lots, and stockpiles of novel virus strains; and

(C)

maintain or improve preparedness activities, including for pandemic influenza.

(2)

Authorization of appropriations

(A)

In general

(B)

Supplement, not supplant

(C)

Documentation required

(g)

Appearances before Congress

(1)

In general

Each fiscal year, the Assistant Secretary for Preparedness and Response shall appear before the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives at hearings, on topics such as—

(A)

coordination of Federal activities to prepare for, and respond to, public health emergencies;

(B)

activities and capabilities of the Strategic National Stockpile, including whether, and the degree to which, recommendations made pursuant to section 300hh–10a(c)(1)(A) of this title have been met;

(C)

support for State, local, and Tribal public health and medical preparedness;

(D)

activities implementing the countermeasures budget plan described under subsection (b)(7), including—

(i)

any challenges in meeting the full range of identified medical countermeasure needs; and

(ii)

progress in supporting advanced research, development, and procurement of medical countermeasures, pursuant to subsection (b)(3);

(E)

the strategic direction of, and activities related to, the sustainment of manufacturing surge capacity and capabilities for medical countermeasures pursuant to section 247d–7e of this title and the distribution and deployment of such countermeasures;

(F)

any additional objectives, activities, or initiatives that have been carried out or are planned by the Assistant Secretary for Preparedness and Response and associated challenges, as appropriate;

(G)

the specific all-hazards threats that the Assistant Secretary for Preparedness and Response is preparing to address, or that are being addressed, through the activities described in subparagraphs (A) through (F); and

(H)

objectives, activities, or initiatives related to the coordination and consultation required under subsections (b)(4)(H) and (b)(4)(I), in a manner consistent with paragraph (3), as appropriate.

(2)

Clarifications

(A)

Waiver authority

(B)

Scope of requirements

(3)

Closed hearings

(July 1, 1944, ch. 373, title XXVIII, § 2811, as added Pub. L. 109–417, title I, § 102(a)(3), Dec. 19, 2006, 120 Stat. 2833; amended Pub. L. 113–5, title I, § 102(a), Mar. 13, 2013, 127 Stat. 163; Pub. L. 114–255, div. A, title III, § 3083, Dec. 13, 2016, 130 Stat. 1141; Pub. L. 116–22, title III, § 302(a), (b), title IV, §§ 401, 402(b), 404(b), title V, § 501, title VII, § 703(b), June 24, 2019, 133 Stat. 934, 942, 943, 948, 950, 963; Pub. L. 117–263, div. G, title LXXI, § 7143(d)(4), Dec. 23, 2022, 136 Stat. 3663; Pub. L. 117–328, div. FF, title II, § 2103(b)(2), (c), Dec. 29, 2022, 136 Stat. 5712, 5713.)

cite as: 42 USC 300hh-10