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42 U.S.C. § 247d–6Public health countermeasures to a bioterrorist attack

submitted 82 years ago by Pub. L. 106-505 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,751 words · no verdicts yet

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This law sets up training, advisory committees, and research programs to prepare for bioterrorism and public health emergencies. The Secretary must train responders, advise on at-risk individuals' needs, fund Centers for Public Health Preparedness, and speed up research on dangerous pathogens and countermeasures.

(a) All-hazards public health and medical response curricula and training The Secretary, working with the Secretary of Defense and consulting relevant public and private groups, must develop core health and medical response curricula and training by adapting existing curricula and training programs to improve responses to public health emergencies. This training program may cover: treating injured people, taking into account at-risk individuals' needs; public health aspects of emergencies; mental health aspects of emergencies; national incident management, including coordination across federal, state, local, tribal, and international agencies; and protecting health care workers and first responders from workplace exposure during an emergency. Materials made for the program must be regularly tested and peer-reviewed by experts in the relevant fields. The Secretary and the Secretary of Defense must account for continuing-education requirements in public health and health care professions, and work with state, local, and tribal accrediting agencies and professional associations so students can get continuing-education credit for these courses. The Secretary may spread and teach these materials by whatever means the Secretary decides. This teaching may be done by federal public health, medical, or dental entities, appropriate schools, professional organizations, private accrediting organizations, and other nonprofits that meet criteria the Secretary sets. The Secretary may carry this out directly or through grants and contracts, and may make interagency agreements with other federal agencies. (b) Advice to the Federal Government Along with the working group under subsection (a), the Secretary must set up advisory committees to give expert recommendations supporting that group's work. The Secretary must create the National Advisory Committee on At-Risk Individuals and Public Health Emergencies, called the "Advisory Committee" here. It must recommend: how ready the health care system, including mental health care, is to serve at-risk individuals during public health emergencies; changes needed to health care and emergency medical service systems and protocols to meet at-risk individuals' special needs; and changes needed, if any, to the national stockpile under section 300hh–12 to protect the emergency health security of at-risk individuals. The Advisory Committee must be made up of federal officials suited to address the special needs of diverse at-risk population groups. It ends six years after June 12, 2002. The Secretary must also create the Emergency Public Information and Communications Advisory Committee, called the "EPIC Advisory Committee" here. It must make recommendations to, and report to, the Secretary on the best ways to communicate public health information about bioterrorism and other emergencies to the public. It must be made up of a diverse group of experts in public health, medicine, communications, behavioral psychology, and other fields the Secretary decides are appropriate. The Secretary must review its recommendations and make sure the right information reaches the public. It ends one year after June 12, 2002. (c) Expansion of Epidemic Intelligence Service Program The Secretary may create 20 extra officer positions in the Epidemic Intelligence Service Program, on top of the number offered in 2006, for people who agree to spend at least 2 years in the Career Epidemiology Field Officer program at a state, local, or tribal health department that serves a health professional shortage area, a medically underserved population, or a medically underserved or high-risk area the Secretary designates. (d) Centers for Public Health Preparedness and Response Through the CDC Director, the Secretary may award grants, contracts, or cooperative agreements to universities, including accredited schools of public health, or other nonprofits, to establish or maintain a network of Centers for Public Health Preparedness and Response, called "Centers" here. To be eligible, an applicant must show how it will: coordinate with state, local, and tribal health departments and officials, health facilities, and health care coalitions, guided by the community's preparedness and response needs; prioritize evidence-based practices, including ways to reduce the spread of emerging infectious diseases; and use the awarded funds, including for the activities described below. Centers must use their funds to: identify, translate, and spread promising research into evidence-based practices for preparing for and responding to chemical, biological, radiological, or nuclear threats, including emerging infectious diseases and other emergencies, which may include related research; raise awareness of those practices and other relevant information among health and public health professionals, other stakeholders, and the public, including through training and training materials consistent with section 300hh–1(b)(2); build up relevant technology and analysis tools for public health and medical preparedness and response; expand preparedness and response work, including through public-private partnerships, drills, exercises, and training of public health experts; and give technical assistance and expertise, relying on evidence-based practices, to state, local, and tribal health departments and other groups referenced above. Subject to available funding, the Secretary must fund at least 10 Centers, spread fairly across the geographic regions of the United States. (e) Accelerated research and development on priority pathogens and countermeasures For pathogens that could be used in a bioterrorist attack, and other agents that could cause a public health emergency, the Secretary — considering the working group's recommendations under subsection (a) — must conduct, and fund through grants, contracts, or cooperative agreements, research on: the epidemiology and biology of these pathogens; genome sequencing and other DNA or comparative analysis of priority pathogens, chosen by the Director of the National Institutes of Health with the working group, done together with the Department of Defense and the Department of Energy's Joint Genome Institute; developing priority countermeasures; and other relevant research areas — all with consideration for the needs of children and other vulnerable populations. The Secretary must give funding priority to research on priority countermeasures. The Secretary must consider using the Department of Veterans Affairs' biomedical research and development capabilities, including its ties to health-professions universities, and may enter cooperative agreements with the Secretary of Veterans Affairs when that would help. A "priority countermeasure" is a drug, biological product, device, vaccine, vaccine adjuvant, antiviral, or diagnostic test that the Secretary decides is a priority to treat, identify, or prevent infection from a biological agent or toxin listed under section 262a(a)(1), or harm from another agent that could cause a public health emergency; or a priority to treat, identify, or prevent bad health effects or death that could result from administering one of those priority drugs, products, devices, or tests. (f) Authorization of appropriations For fiscal year 2007, Congress authorized: $5,000,000 for subsection (a) paragraphs (1) through (4); $7,000,000 for subsection (a)(5); $3,000,000 for subsection (c); and $31,000,000 for subsection (d). For fiscal year 2008 and every year after, Congress authorized whatever amount is necessary.
the actual law source: uscode.house.gov ↗public domain
(a) All-hazards public health and medical response curricula and training
(1) In general

The Secretary, in collaboration with the Secretary of Defense, and in consultation with relevant public and private entities, shall develop core health and medical response curricula and trainings by adapting applicable existing curricula and training programs to improve responses to public health emergencies.

(2) Curriculum

The public health and medical response training program may include course work related to—

(A)

medical management of casualties, taking into account the needs of at-risk individuals;

(B)

public health aspects of public health emergencies;

(C)

mental health aspects of public health emergencies;

(D)

national incident management, including coordination among Federal, State, local, tribal, international agencies, and other entities; and

(E)

protecting health care workers and health care first responders from workplace exposures during a public health emergency.

(3) Peer review

On a periodic basis, products prepared as part of the program shall be rigorously tested and peer-reviewed by experts in the relevant fields.

(4) Credit

The Secretary and the Secretary of Defense shall—

(A)

take into account continuing professional education requirements of public health and healthcare professions; and

(B)

cooperate with State, local, and tribal accrediting agencies and with professional associations in arranging for students enrolled in the program to obtain continuing professional education credit for program courses.

(5) Dissemination and training
(A) In general

The Secretary may provide for the dissemination and teaching of the materials described in paragraphs (1) and (2) by appropriate means, as determined by the Secretary.

(B) Certain entities

The education and training activities described in subparagraph (A) may be carried out by Federal public health, medical, or dental entities, appropriate educational entities, professional organizations and societies, private accrediting organizations, and other nonprofit institutions or entities meeting criteria established by the Secretary.

(C) Grants and contracts

In carrying out this subsection, the Secretary may carry out activities directly or through the award of grants and contracts, and may enter into interagency agreements with other Federal agencies.

(b) Advice to the Federal Government
(1) Required advisory committees

In coordination with the working group under subsection (a), the Secretary shall establish advisory committees in accordance with paragraphs (2) and (3) to provide expert recommendations to assist such working groups in carrying out their respective responsibilities under subsections (a) and (b).

(2) National Advisory Committee on At-Risk Individuals and Public Health Emergencies
(A) In general

For purposes of paragraph (1), the Secretary shall establish an advisory committee to be known as the National Advisory Committee on At-Risk Individuals and Public Health Emergencies (referred to in this paragraph as the “Advisory Committee”).

(B) Duties

The Advisory Committee shall provide recommendations regarding—

(i)

the preparedness of the health care (including mental health care) system to respond to public health emergencies as they relate to at-risk individuals;

(ii)

needed changes to the health care and emergency medical service systems and emergency medical services protocols to meet the special needs of at-risk individuals; and

(iii)

changes, if necessary, to the national stockpile under section 300hh–12 of this title to meet the emergency health security of at-risk individuals.

(C) Composition

The Advisory Committee shall be composed of such Federal officials as may be appropriate to address the special needs of the diverse population groups of at-risk populations.

(D) Termination

The Advisory Committee terminates six years after June 12, 2002.

(3) Emergency Public Information and Communications Advisory Committee
(A) In general

For purposes of paragraph (1), the Secretary shall establish an advisory committee to be known as the Emergency Public Information and Communications Advisory Committee (referred to in this paragraph as the “EPIC Advisory Committee”).

(B) Duties

The EPIC Advisory Committee shall make recommendations to the Secretary and report on appropriate ways to communicate public health information regarding bioterrorism and other public health emergencies to the public.

(C) Composition

The EPIC Advisory Committee shall be composed of individuals representing a diverse group of experts in public health, medicine, communications, behavioral psychology, and other areas determined appropriate by the Secretary.

(D) Dissemination

The Secretary shall review the recommendations of the EPIC Advisory Committee and ensure that appropriate information is disseminated to the public.

(E) Termination

The EPIC Advisory Committee terminates one year after June 12, 2002.

(c) Expansion of Epidemic Intelligence Service Program

The Secretary may establish 20 officer positions in the Epidemic Intelligence Service Program, in addition to the number of the officer positions offered under such Program in 2006, for individuals who agree to participate, for a period of not less than 2 years, in the Career Epidemiology Field Officer program in a State, local, or tribal health department that serves a health professional shortage area (as defined under section 254e(a) of this title), a medically underserved population (as defined under section 254b(b)(3) of this title), or a medically underserved area or area at high risk of a public health emergency as designated by the Secretary.

(d) Centers for Public Health Preparedness and Response
(1) In general

The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants, contracts, or cooperative agreements to institutions of higher education, including accredited schools of public health, or other nonprofit private entities to establish or maintain a network of Centers for Public Health Preparedness and Response (referred to in this subsection as “Centers”).

(2) Eligibility

To be eligible to receive an award under this subsection, an entity shall submit to the Secretary an application containing such information as the Secretary may require, including a description of how the entity will—

(A)

coordinate relevant activities with applicable State, local, and Tribal health departments and officials, health care facilities, and health care coalitions to improve public health preparedness and response, as informed by the public health preparedness and response needs of the community, or communities, involved;

(B)

prioritize efforts to implement evidence-informed or evidence-based practices to improve public health preparedness and response, including by helping to reduce the transmission of emerging infectious diseases; and

(C)

use funds awarded under this subsection, including by carrying out any activities described in paragraph (3).

(3) Use of funds

The Centers established or maintained under this subsection shall use funds awarded under this subsection to carry out activities to advance public health preparedness and response capabilities, which may include—

(A)

identifying, translating, and disseminating promising research findings or strategies into evidence-informed or evidence-based practices to inform preparedness for, and responses to, chemical, biological, radiological, or nuclear threats, including emerging infectious diseases, and other public health emergencies, which may include conducting research related to public health preparedness and response systems;

(B)

improving awareness of such evidence-informed or evidence-based practices and other relevant scientific or public health information among health care professionals, public health professionals, other stakeholders, and the public, including through the development, evaluation, and dissemination of trainings and training materials, consistent with section 300hh–1(b)(2) of this title, as applicable and appropriate, and with consideration given to existing training materials, to support preparedness for, and responses to, such threats;

(C)

utilizing and expanding relevant technological and analytical capabilities to inform public health and medical preparedness and response efforts;

(D)

expanding activities, including through public-private partnerships, related to public health preparedness and response, including participation in drills and exercises and training public health experts, as appropriate; and

(E)

providing technical assistance and expertise that relies on evidence-based practices, as applicable, related to responses to public health emergencies, as appropriate, to State, local, and Tribal health departments and other entities pursuant to paragraph (2)(A).

(4) Distribution of awards

In awarding grants, contracts, or cooperative agreements under this subsection, the Secretary shall support not fewer than 10 Centers, subject to the availability of appropriations, and ensure that such awards are equitably distributed among the geographical regions of the United States.

(e) Accelerated research and development on priority pathogens and countermeasures
(1) In general

With respect to pathogens of potential use in a bioterrorist attack, and other agents that may cause a public health emergency, the Secretary, taking into consideration any recommendations of the working group under subsection (a), shall conduct, and award grants, contracts, or cooperative agreements for, research, investigations, experiments, demonstrations, and studies in the health sciences relating to—

(A)

the epidemiology and pathogenesis of such pathogens;

(B)

the sequencing of the genomes, or other DNA analysis, or other comparative analysis, of priority pathogens (as determined by the Director of the National Institutes of Health in consultation with the working group established in subsection (a)), in collaboration and coordination with the activities of the Department of Defense and the Joint Genome Institute of the Department of Energy;

(C)

the development of priority countermeasures; and

(D)

other relevant areas of research;

with consideration given to the needs of children and other vulnerable populations.

(2) Priority

The Secretary shall give priority under this section to the funding of research and other studies related to priority countermeasures.

(3) Role of Department of Veterans Affairs

In carrying out paragraph (1), the Secretary shall consider using the biomedical research and development capabilities of the Department of Veterans Affairs, in conjunction with that Department’s affiliations with health-professions universities. When advantageous to the Government in furtherance of the purposes of such paragraph, the Secretary may enter into cooperative agreements with the Secretary of Veterans Affairs to achieve such purposes.

(4) Priority countermeasures

For purposes of this section, the term “priority countermeasure” means a drug, biological product, device, vaccine, vaccine adjuvant, antiviral, or diagnostic test that the Secretary determines to be—

(A)

a priority to treat, identify, or prevent infection by a biological agent or toxin listed pursuant to section 262a(a)(1) of this title, or harm from any other agent that may cause a public health emergency; or

(B)

a priority to treat, identify, or prevent conditions that may result in adverse health consequences or death and may be caused by the administering of a drug, biological product, device, vaccine, vaccine adjuvant, antiviral, or diagnostic test that is a priority under subparagraph (A).

(f) Authorization of appropriations
(1) Fiscal year 2007

There are authorized to be appropriated to carry out this section for fiscal year 2007—

(A)

to carry out subsection (a)—

(i)

$5,000,000 to carry out paragraphs (1) through (4); and

(ii)

$7,000,000 to carry out paragraph (5);

(B)

to carry out subsection (c), $3,000,000; and

(C)

to carry out subsection (d), $31,000,000.

(2) Subsequent fiscal years

There are authorized to be appropriated such sums as may be necessary to carry out this section for fiscal year 2008 and each subsequent fiscal year.

Source credit: (July 1, 1944, ch. 373, title III, § 319F, as added Pub. L. 106–505, title I, § 102, Nov. 13, 2000, 114 Stat. 2321; amended Pub. L. 107–188, title I, §§ 104(a) 105, 108, 111(3), 125, June 12, 2002, 116 Stat. 605, 606, 609, 611, 614; Pub. L. 108–276, § 2(d), July 21, 2004, 118 Stat. 842; Pub. L. 109–417, title III, §§ 301(d), (e), 304, Dec. 19, 2006, 120 Stat. 2854, 2855, 2859; Pub. L. 113–5, title II, § 203(a), Mar. 13, 2013, 127 Stat. 175; Pub. L. 117–328, div. FF, title II, § 2231(a), Dec. 29, 2022, 136 Stat. 5752.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 106-505 · 114 Stat. 2321
  • 2002Amended · Pub. L. 107-188 · 116 Stat. 605, 606, 609, 611, 614
  • 2004Amended · Pub. L. 108-276 · 118 Stat. 842
  • 2006Amended · Pub. L. 109-417 · 120 Stat. 2854, 2855, 2859
  • 2013Amended · Pub. L. 113-5 · 127 Stat. 175
  • 2022Amended · Pub. L. 117-328 · 136 Stat. 5752

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-505 on 1944-07-01.

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