1
See References in Text note below.
References in Text
Section 314(6) of title 6, referred to in subsec. (a), was in the original “section 502(6) of the Homeland Security Act of 2002”, and was translated as meaning [section 504(6) of Pub. L. 107–296], to reflect the probable intent of Congress and the renumbering of section 502 as 504 by [Pub. L. 109–295, title VI, § 611(8)], Oct. 4, 2006, [120 Stat. 1395].
Amendments
2022—Subsec. (c). [Pub. L. 117–328, § 2103(b)(1)], added subsec. (c).
Subsec. (d). [Pub. L. 117–328, § 2103(d)], added subsec. (d).
2006—[Pub. L. 109–417] amended section generally. Prior to amendment, section consisted of subsecs. (a) to (d) relating to a national preparedness plan for carrying out health-related activities to prepare for and respond effectively to bioterrorism and other public health emergencies.
Statutory Notes and Related Subsidiaries
Data Use Agreements
[Pub. L. 117–328, div. FF, title II, § 2213(c)], Dec. 29, 2022, [136 Stat. 5735], provided that:“(1)
Interagency data use agreements within the department of health and human services for public health emergencies.—
“(A)
In general.—
The Secretary of Health and Human Services (referred to in this subsection as the ‘Secretary’) shall, as appropriate, facilitate the development of, or updates to, memoranda of understanding, data use agreements, or other applicable interagency agreements regarding appropriate access, exchange, and use of public health data between the Centers for Disease Control and Prevention, the Office of the Assistant Secretary for Preparedness and Response, other relevant agencies or offices within the Department of Health and Human Services, and other relevant Federal agencies, in order to prepare for, identify, monitor, and respond to declared or potential public health emergencies.
“(B)
Requirements.—
In carrying out activities pursuant to subparagraph (A), the Secretary shall—
“(i)
ensure that the agreements and memoranda of understanding described in such subparagraph—
“(I)
address the methods of granting access to data held by one agency or office with another to support the respective missions of such agencies or offices;
“(II)
consider minimum necessary principles of data sharing for appropriate use;
“(III)
include appropriate privacy and cybersecurity protections; and
“(IV)
are subject to regular updates, as appropriate;
“(ii)
collaborate with the Centers for Disease Control and Prevention, the Office of the Assistant Secretary for Preparedness and Response, the Office of the Chief Information Officer, and, as appropriate, the Office of the National Coordinator for Health Information Technology, and other entities within the Department of Health and Human Services; and
“(iii)
consider the terms and conditions of any existing data use agreements with other public or private entities and any need for updates to such existing agreements, consistent with paragraph (2).
“(2)
Data use agreements with external entities.—
The Secretary, acting through the Director of the Centers for Disease Control and Prevention and the Assistant Secretary for Preparedness and Response, may update memoranda of understanding, data use agreements, or other applicable agreements and contracts to improve appropriate access, exchange, and use of public health data between the Centers for Disease Control and Prevention and the Office of the Assistant Secretary for Preparedness and Response and external entities, including State, Tribal, and territorial health departments, laboratories, hospitals and other health care providers, electronic health records vendors, and other entities, as applicable and appropriate, in order to prepare for, identify, monitor, and respond to declared or potential public health emergencies.
“(3)
Report.—
Not later than 90 days after the date of enactment of this Act [Dec. 29, 2022], the Secretary shall report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives on the status of the agreements under this subsection.”
Guidance for Participation in Exercises and Drills
[Pub. L. 116–22, title III, § 306], June 24, 2019, [133 Stat. 941], provided that: “Not later than 2 years after the date of enactment of this Act [June 24, 2019], the Secretary of Health and Human Services shall issue final guidance regarding the ability of personnel funded by programs authorized under this Act [see Tables for classification] (including the amendments made by this Act) to participate in drills and operational exercises related to all-hazards medical and public health preparedness and response. Such drills and operational exercises may include activities that incorporate medical surge capacity planning, medical countermeasure distribution and administration, and preparing for and responding to identified threats for that region. Such personnel may include State, local, Tribal, and territorial public health department or agency personnel funded under this Act (including the amendments made by this Act). The Secretary shall consult 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 in the development of such guidance. The Secretary shall make the guidance available on the internet website of the Department of Health and Human Services.”
Government Accountability Office Report
[Pub. L. 107–188, title I, § 157], June 12, 2002, [116 Stat. 633], provided that:“(a)
In General [sic].—
The Comptroller General shall submit to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate, and to the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives, a report that describes—
“(1)
Federal activities primarily related to research on, preparedness for, and the management of the public health and medical consequences of a bioterrorist attack against the civilian population;
“(2)
the coordination of the activities described in paragraph (1);
“(3)
the effectiveness of such efforts in preparing national, State, and local authorities to address the public health and medical consequences of a potential bioterrorist attack against the civilian population;
“(4)
the activities and costs of the Civil Support Teams of the National Guard in responding to biological threats or attacks against the civilian population;
“(5)
the activities of the working group under subsection (a) and the efforts made by such group to carry out the activities described in such subsection; and
“(6)
the ability of private sector contractors to enhance governmental responses to biological threats or attacks.”