Prior Provisions
A prior section 247d, act July 1, 1944, ch. 373, title III, § 319, as added Pub. L. 98–49, July 13, 1983, 97 Stat. 245; amended Pub. L. 100–607, title II, § 256(a), Nov. 4, 1988, 102 Stat. 3110; Pub. L. 102–321, title I, § 163(b)(2), July 10, 1992, 106 Stat. 376; Pub. L. 102–531, title III, § 312(d)(2), Oct. 27, 1992, 106 Stat. 3504, authorized the Secretary to take appropriate action relating to public health emergencies, prior to repeal by Pub. L. 106–505, title I, § 102, Nov. 13, 2000, 114 Stat. 2315.
Another prior section 247d, act July 1, 1944, ch. 373, title III, § 319, formerly § 310, as added Sept. 25, 1962, Pub. L. 87–692, 76 Stat. 592, and amended and renumbered, which related to migrant health centers, was renumbered section 329 of act July 1, 1944, by Pub. L. 95–626, title I, § 102(a), Nov. 10, 1978, 92 Stat. 3551, and transferred to section 254b of this title, prior to being omitted in the general amendment of subpart I (§ 254b et seq.) of part D of this subchapter by Pub. L. 104–299, § 2.
Amendments
2019—Subsec. (b)(1). Pub. L. 116–22, § 206(1)(A), substituted “under such subsection or if the Secretary determines there is the significant potential for a public health emergency, to allow the Secretary to rapidly respond to the immediate needs resulting from such public health emergency or potential public health emergency. The Secretary shall plan for the expedited distribution of funds to appropriate agencies and entities.” for “under such subsection.”
Subsec. (b)(2), (3). Pub. L. 116–22, § 206(1)(B), (C), added par. (2) and redesignated former par. (2) as (3).
Subsec. (b)(4), (5). Pub. L. 116–22, § 206(1)(D), added pars. (4) and (5).
Subsec. (c). Pub. L. 116–22, § 206(2), inserted “rapidly respond to public health emergencies or potential public health emergencies and” after “used to” and substituted “activities under this chapter or funds otherwise provided for emergency response.” for “activities under this section.”
Subsec. (e)(8). Pub. L. 116–22, § 701(c), substituted “2023” for “2018”.
2016—Subsec. (f). Pub. L. 114–255 added subsec. (f).
2013—Subsec. (e). Pub. L. 113–5 added subsec. (e).
2002—Subsec. (a). Pub. L. 107–188, § 158, substituted “grants, providing awards for expenses, and” for “grants and” in concluding provisions.
Pub. L. 107–188, § 144(a), inserted at end of concluding provisions “Any such determination of a public health emergency terminates upon the Secretary declaring that the emergency no longer exists, or upon the expiration of the 90-day period beginning on the date on which the determination is made by the Secretary, whichever occurs first. Determinations that terminate under the preceding sentence may be renewed by the Secretary (on the basis of the same or additional facts), and the preceding sentence applies to each such renewal. Not later than 48 hours after making a determination under this subsection of a public health emergency (including a renewal), the Secretary shall submit to the Congress written notification of the determination.”
Subsec. (d). Pub. L. 107–188, § 141, added subsec. (d).
Change of Name
Committee on Commerce of House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001.
Effective Date of 2002 Amendment
Pub. L. 107–188, title I, § 144(b), June 12, 2002, 116 Stat. 630, provided that:
“The amendment made by subsection (a) [amending this section] applies to any public health emergency under section 319(a) of the
Public Health Service Act [
42 U.S.C. 247d(a)], including any such emergency that was in effect as of the day before the date of the enactment of this Act [
June 12, 2002]. In the case of such an emergency that was in effect as of such day, the 90-day period described in such section with respect to the termination of the emergency is deemed to begin on such date of enactment.”
Funding for Covid–19 Vaccine Activities at the Centers for Disease Control and Prevention
Pub. L. 117–2, title II, § 2301, Mar. 11, 2021, 135 Stat. 37, provided that:
“(a) In General.—
In addition to amounts otherwise available, there is appropriated to the
Secretary of Health and Human
Services (in this subtitle [Subtitle D (§§ 2301–2305) of title II of
Pub. L. 117–2, see Tables for classification] referred to as the
‘Secretary’) for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $7,500,000,000, to remain available until expended, to carry out activities to plan, prepare for, promote, distribute, administer, monitor, and track COVID–19 vaccines.
“(b) Use of Funds.—The Secretary, acting through the Director of the Centers for Disease Control and Prevention, and in consultation with other agencies, as applicable, shall, in conducting activities referred to in subsection (a)—
“(1)
conduct activities to enhance, expand, and improve nationwide COVID–19 vaccine distribution and administration, including activities related to distribution of ancillary medical products and supplies related to vaccines; and
“(2) provide technical assistance, guidance, and support to, and award grants or cooperative agreements to, State, local, Tribal, and territorial public health departments for enhancement of COVID–19 vaccine distribution and administration capabilities, including—
“(B)
the establishment and expansion, including staffing support, of community vaccination centers, particularly in underserved areas;
“(C)
the deployment of mobile vaccination units, particularly in underserved areas;
“(D)
information technology, standards-based data, and reporting enhancements, including improvements necessary to support standards-based sharing of data related to vaccine distribution and vaccinations and systems that enhance vaccine safety, effectiveness, and uptake, particularly among underserved populations;
“(E)
facilities enhancements;
“(F)
communication with the public regarding when, where, and how to receive COVID–19 vaccines; and
“(G)
transportation of individuals to facilitate vaccinations, including at community vaccination centers and mobile vaccination units, particularly for underserved populations.
“(c) Supplemental Funding for State Vaccination Grants.—
“(1) Definitions.—In this subsection:
“(A) Base formula.—
The term ‘base formula’ means the allocation formula that applied to the Public Health Emergency Preparedness cooperative agreement in fiscal year 2020.
“(B) Alternative allocation.—
The term ‘alternative allocation’ means an allocation to each
State, territory, or locality calculated using the percentage derived from the allocation received by such
State, territory, or locality of the aggregate amount of fiscal year 2020 Public Health Emergency Preparedness cooperative agreement awards under section 319C–1 of the
Public Health Service Act (
42 U.S.C. 247d–3a).
“(2) Supplemental funding.—
“(A) In general.—
Not later than 21 days after the date of enactment of this Act [
Mar. 11, 2021], the
Secretary shall, out of amounts described in subsection (a), provide supplemental funding to any
State, locality, or territory that received less of the amounts that were appropriated under title III of division M of
Public Law 116–260 [see Tables for classification] for vaccination grants to be issued by the
Centers for Disease Control and Prevention than such
State, locality, or territory would have received had such amounts been allocated using the alternative allocation.
“(B) Amount.—The amount of supplemental funding provided under this subsection shall be equal to the difference between—
“(i)
the amount the
State, locality, or territory received, or would receive, under the base formula; and
“(ii)
the amount the
State, locality, or territory would receive under the alternative allocation.”
Funding for COVID–19 Testing, Contact Tracing, and Mitigation Activities
Pub. L. 117–2, title II, § 2401, Mar. 11, 2021, 135 Stat. 40, provided that:
“(a) In General.—
In addition to amounts otherwise available, there is appropriated to the
Secretary of Health and Human
Services (in this subtitle [Subtitle E (§§ 2401–2404) of title II of
Pub. L. 117–2, see Tables for classification] referred to as the
‘Secretary’) for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $47,800,000,000, to remain available until expended, to carry out activities to detect, diagnose, trace, and monitor SARS–CoV–2 and COVID–19 infections and related strategies to mitigate the spread of COVID–19.
“(b) Use of Funds.—From amounts appropriated by subsection (a), the Secretary shall—
“(1)
implement a national, evidence-based strategy for testing, contact tracing, surveillance, and mitigation with respect to SARS–CoV–2 and COVID–19, including through activities authorized under section 319(a) of the
Public Health Service Act [
42 U.S.C. 247d(a)];
“(2)
provide technical assistance, guidance, and support, and award grants or cooperative agreements to
State, local, and territorial public health departments for activities to detect, diagnose, trace, and monitor SARS–CoV–2 and COVID–19 infections and related strategies and activities to mitigate the spread of COVID–19;
“(3) support the development, manufacturing, procurement, distribution, and administration of tests to detect or diagnose SARS–CoV–2 and COVID–19, including through—
“(A)
support for the development, manufacture, procurement, and distribution of supplies necessary for administering tests, such as personal protective equipment; and
“(B)
support for the acquisition, construction, alteration, or renovation of non-federally owned facilities for the production of diagnostics and ancillary medical products and supplies where the
Secretary determines that such an investment is necessary to ensure the production of sufficient amounts of such supplies;
“(4) establish and expand Federal, State, local, and territorial testing and contact tracing capabilities, including—
“(A) through investments in laboratory capacity, such as—
“(i)
academic and research laboratories, or other laboratories that could be used for processing of COVID–19 testing;
“(ii)
community-based testing sites and community-based organizations; or
“(iii)
mobile health units, particularly in medically underserved areas; and
“(B)
with respect to quarantine and isolation of contacts;
“(5)
enhance information technology, data modernization, and reporting, including improvements necessary to support sharing of data related to public health capabilities;
“(6)
award grants to, or enter into cooperative agreements or contracts with,
State, local, and territorial public health departments to establish, expand, and sustain a public health workforce; and
“(7)
to cover administrative and program support costs necessary to conduct activities related to subparagraph (a).”
Importance of the Blood Supply
Pub. L. 116–136, div. A, title III, § 3226, Mar. 27, 2020, 134 Stat. 383, provided that:
“(a) In General.—
The
Secretary of Health and Human
Services (referred to in this section as the ‘
Secretary’) shall carry out a national campaign to improve awareness of, and support outreach to the public and health care providers about the importance and safety of blood donation and the need for donations for the blood supply during the public health emergency declared by the
Secretary under section 319 of the
Public Health Service Act (
42 U.S.C. 247d) with respect to COVID–19.
“(b) Awareness Campaign.—
In carrying out subsection (a), the
Secretary may enter into contracts with one or more public or private nonprofit entities, to establish a national blood donation awareness campaign that may include television, radio, internet, and newspaper public
service announcements, and other activities to provide for public and professional awareness and education.
“(c) Consultation.—
In carrying out subsection (a), the
Secretary shall consult with the Commissioner of Food and Drugs, the Assistant
Secretary for Health, the Director of the
Centers for Disease Control and Prevention, the Director of the
National Institutes of Health, and the heads of other relevant Federal agencies, and relevant accrediting bodies and representative organizations.
“(d) Report to Congress.—Not later than 2 years after the date of enactment of this Act [Mar. 27, 2020], the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, a report that shall include—
“(1)
a description of the activities carried out under subsection (a);
“(2)
a description of trends in blood supply donations; and
“(3)
an evaluation of the impact of the public awareness campaign, including any geographic or population variations.”
Reporting by Laboratories of Results of Tests To Detect SARS–CoV–2 or To Diagnose COVID–19
Pub. L. 116–136, div. B, title VIII, § 18115(a)–(c), Mar. 27, 2020, 134 Stat. 574, provided that:
“(a) In General.—
Every laboratory that performs or analyzes a test that is intended to detect SARS–CoV–2 or to diagnose a possible case of COVID–19 shall report the results from each such test, to the
Secretary of Health and Human
Services in such form and manner, and at such timing and frequency, as the
Secretary may prescribe until the end of the
Secretary’s Public Health Emergency declaration with respect to COVID–19 or any extension of such declaration.
“(b) Laboratories Covered.—
The
Secretary may prescribe which laboratories must submit reports pursuant to this section.
“(c) Implementation.—
The
Secretary may make prescriptions under this section by regulation, including by interim final rule, or by guidance, and may issue such
regulations or guidance without regard to the procedures otherwise required by
section 553 of title 5, United
States Code.”
