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42 U.S.C. § 247d–4aInfectious Diseases Rapid Response Reserve Fund

submitted 8 years ago by Pub. L. 115-245 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 509 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law creates the Infectious Diseases Rapid Response Reserve Fund, a $50,000,000 emergency account for the CDC. The Director of the CDC may spend it only on declared or imminent infectious disease emergencies, after notifying Congress in advance. The fund adds to, not replaces, other CDC and HHS funding.

This section creates a special fund in the U.S. Treasury called the "Infectious Diseases Rapid Response Reserve Fund," referred to here as the "Reserve Fund." $50,000,000 comes from money already given under the budget heading "CDC-Wide Activities and Program Support." That money stays available until it's spent, and the Director of the CDC must put it into the Reserve Fund. The Director may only use Reserve Fund money to carry out titles II, III, and XVII of the Public Health Service Act, to prevent, prepare for, or respond to an infectious disease emergency. This includes buying or leasing insured passenger vehicles for official use in foreign countries. The Director can only spend Reserve Fund money on an infectious disease emergency if either: the Secretary of Health and Human Services has declared it a public health emergency under section 319 of the Public Health Service Act; or the Secretary decides the emergency has a real chance of happening soon and, if it does happen, could threaten national security or the health and safety of United States citizens at home or abroad. The Director may transfer Reserve Fund money to other CDC accounts, to NIH accounts, or to the Public Health and Social Services Emergency Fund, to be merged with those accounts for the same purposes described in this section. At least 7 days before transferring or spending any Reserve Fund money, the Director must notify the House and Senate Appropriations Committees. The notice must explain the planned uses of the funds by program, project, or activity, and include a detailed spending plan — including estimated personnel and administrative costs — broken down the same way. The Director must keep updating that spending plan to show all obligations made so far and money not yet spent, and must send the updated plan to the Appropriations Committees every three months until the Reserve Fund is fully spent. Reserve Fund money is on top of, not instead of, the money HHS already gets for these purposes. And the power to transfer this money is on top of any transfer power HHS already has. At the Secretary's discretion, products bought with Reserve Fund money may be added to the Strategic National Stockpile under section 319F–2 of the Public Health Service Act. This section has been in effect since September 28, 2018, and stays in effect every fiscal year after that.
the actual law source: uscode.house.gov ↗public domain

There is established in the Treasury a reserve fund to be known as the “Infectious Diseases Rapid Response Reserve Fund” (the “Reserve Fund”): Provided, That of the funds provided under the heading “CDC-Wide Activities and Program Support” [132 Stat. 3073], $50,000,000, to remain available until expended, shall be available to the Director of the CDC for deposit in the Reserve Fund: Provided further, That amounts in the Reserve Fund shall be for carrying out titles II, III, and XVII of the PHS Act [42 U.S.C. 201 et seq., 241 et seq., 300u et seq.] to prevent, prepare for, or respond to an infectious disease emergency, including, in connection with such activities, to purchase or lease and provide for the insurance of passenger motor vehicles for official use in foreign countries: Provided further, That amounts in the Reserve Fund may only be provided for an infectious disease emergency if the infectious disease emergency (1) is declared by the Secretary of Health and Human Services under section 319 of the PHS Act [42 U.S.C. 247d] to be a public health emergency; or (2) as determined by the Secretary, has significant potential to imminently occur and potential, on occurrence, to affect national security or the health and security of United States citizens, domestically or internationally: Provided further, That amounts in the Reserve Fund may be transferred by the Director of the CDC to other accounts of the CDC, to accounts of the NIH, or to the Public Health and Social Services Emergency Fund, to be merged with such accounts or Fund for the purposes provided in this section: Provided further, That the Director shall provide to the Committees on Appropriations of the House of Representatives and the Senate, at least 7 days in advance of any transfer or obligation of funds made under the authority provided in this section, both a notification on the anticipated uses of funds by program, project, or activity; and a detailed spend plan of anticipated uses of funds, including estimated personnel and administrative costs, disaggregated by program, project, or activity: Provided further, That such spend plans shall be updated to include all applicable obligations to date and unobligated amounts and submitted quarterly to such Committees on Appropriations until such funds are fully expended: Provided further, That amounts in the Reserve Fund shall be in addition to amounts otherwise available to the Department of Health and Human Services for the purposes provided in this section: Provided further, That the transfer authorities in this section are in addition to any transfer authority otherwise available to the Department of Health and Human Services: Provided further, That products purchased using amounts in the Reserve Fund may, at the discretion of the Secretary of Health and Human Services, be deposited in the Strategic National Stockpile under section 319F–2 of the PHS Act [42 U.S.C. 247d–6b]: Provided further, That this section shall be in effect as of September 28, 2018, through each fiscal year hereafter.

Source credit: (Pub. L. 115–245, div. B, title II, § 231, Sept. 28, 2018, 132 Stat. 3095; Pub. L. 118–47, div. D, title II, § 236, Mar. 23, 2024, 138 Stat. 680.)

history & why it existsrecord from the source credit
  • 2018Enacted · Pub. L. 115-245 · 132 Stat. 3095
  • 2024Amended · Pub. L. 118-47 · 138 Stat. 680

A history note hasn’t been published yet. The record shows enactment by Pub. L. 115-245 on 2018-09-28.

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