Title 42The Public Health and WelfareRelease 119-73

§247d–7g National Biodefense Science Board and working groups

Title 42 › Chapter CHAPTER 6A— - PUBLIC HEALTH SERVICE › Subchapter SUBCHAPTER II— - GENERAL POWERS AND DUTIES › Part Part B— - Federal-State Cooperation › § 247d–7g

Last updated Apr 6, 2026|Official source

Summary

The Secretary must create the National Biodefense Science Board to give expert advice to the Secretary and the Department of Health and Human Services on science and technical issues about chemical, biological, nuclear, and radiological agents, whether natural, accidental, or deliberate. The Board must include such federal officials as needed, four people from the pharmaceutical/biotech/device industries, four from academia, and five other members that must include a practicing healthcare professional, a consumer-organization representative, a pediatric expert, and a State/tribal/territorial/local public health official. Non‑federal members serve 3‑year terms (the Secretary can stagger the first terms), may serve no more than 3 terms and no more than 2 consecutive terms, and the Secretary must pick a chair. The Board must meet at least twice a year, hold its first meeting not later than one year after December 19, 2006, and advise the Secretary on trends, threats, and research needs; review working‑group findings when asked; make R&D recommendations when asked; and send its recommendations to the appropriate congressional committees. The Secretary may set up or use working groups to identify promising countermeasure research and pandemic products, accepted animal models and ways to speed their development, and advice on work that affects children, pregnant people, and other vulnerable groups. Federal Board members get no extra pay. Non‑federal members may be paid up to the daily equivalent of the annual rate for Executive Schedule level IV under section 5315 of title 5 and receive travel expenses under subchapter I of chapter 57 of title 5. Federal employees may be detailed to the Board without reimbursement and without losing their civil service status. There is authority to appropriate $1,000,000 to carry out the Board for fiscal year 2007 and each fiscal year thereafter.

Full Legal Text

Title 42, §247d–7g

The Public Health and Welfare — Source: USLM XML via OLRC

(a)(1)The Secretary shall establish the National Biodefense Science Board (referred to in this section as the “Board”) to provide expert advice and guidance to the Secretary on scientific, technical and other matters of special interest to the Department of Health and Human Services regarding current and future chemical, biological, nuclear, and radiological agents, whether naturally occurring, accidental, or deliberate.
(2)The membership of the Board shall be comprised of individuals who represent the Nation’s preeminent scientific, public health, and medical experts, as follows—
(A)such Federal officials as the Secretary may determine are necessary to support the functions of the Board;
(B)four individuals representing the pharmaceutical, biotechnology, and device industries;
(C)four individuals representing academia; and
(D)five other members as determined appropriate by the Secretary, of whom—
(i)one such member shall be a practicing healthcare professional;
(ii)one such member shall be an individual from an organization representing healthcare consumers;
(iii)one such member shall be an individual with pediatric subject matter expertise; and
(iv)one such member shall be a State, tribal, territorial, or local public health official.
(3)A member of the Board described in subparagraph (B), (C), or (D) of paragraph (2) shall serve for a term of 3 years, except that the Secretary may adjust the terms of the initial Board appointees in order to provide for a staggered term of appointment for all members.
(4)A member may be appointed to serve not more than 3 terms on the Board and may serve not more than 2 consecutive terms.
(5)The Board shall—
(A)advise the Secretary on current and future trends, challenges, and opportunities presented by advances in biological and life sciences, biotechnology, and genetic engineering with respect to threats posed by naturally occurring infectious diseases and chemical, biological, radiological, and nuclear agents;
(B)at the request of the Secretary, review and consider any information and findings received from the working groups established under subsection (b);
(C)at the request of the Secretary, provide recommendations and findings for expanded, intensified, and coordinated biodefense research and development activities; and
(D)provide any recommendation, finding, or report provided to the Secretary under this paragraph to the appropriate committees of Congress.
(6)(A)Not later than one year after December 19, 2006, the Secretary shall hold the first meeting of the Board.
(B)The Board shall meet at the call of the Secretary, but in no case less than twice annually.
(7)Any vacancy in the Board shall not affect its powers, but shall be filled in the same manner as the original appointment.
(8)The Secretary shall appoint a chairperson from among the members of the Board.
(9)(A)The Board may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Board considers advisable to carry out this subsection.
(B)The Board may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government.
(10)(A)A member of the Board that is an employee of the Federal Government may not receive additional pay, allowances, or benefits by reason of the member’s service on the Board.
(B)A member of the Board that is not an employee of the Federal Government may be compensated at a rate not to exceed the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5 for each day (including travel time) during which the member is engaged in the actual performance of duties as a member of the Board.
(C)Each member of the Board shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5.
(D)Any Federal Government employee may be detailed to the Board with the approval for the contributing agency without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.
(b)The Secretary may establish a working group of experts, or may use an existing working group or advisory committee, to—
(1)identify innovative research with the potential to be developed as a qualified countermeasure or a qualified pandemic or epidemic product;
(2)identify accepted animal models for particular diseases and conditions associated with any biological, chemical, radiological, or nuclear agent, any toxin, or any potential pandemic infectious disease, and identify strategies to accelerate animal model and research tool development and validation; and
(3)obtain advice regarding supporting and facilitating advanced research and development related to qualified countermeasures and qualified pandemic or epidemic products that are likely to be safe and effective with respect to children, pregnant women, and other vulnerable populations, and other issues regarding activities under this section that affect such populations.
(c)Any term that is defined in section 247d–7e of this title and that is used in this section shall have the same meaning in this section as such term is given in section 247d–7e of this title.
(d)There are authorized to be appropriated $1,000,000 to carry out this section for fiscal year 2007 and each fiscal year thereafter.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 247d–7f of this title.

Amendments

2013—Subsec. (a)(2). Pub. L. 113–5, § 404(1)(B), inserted concluding provisions. Subsec. (a)(2)(D)(iii), (iv). Pub. L. 113–5, § 404(1)(A), added cls. (iii) and (iv). Subsec. (a)(5)(D). Pub. L. 113–5, § 404(2), added subpar. (D).

Reference

Citations & Metadata

Citation

42 U.S.C. § 247d–7g

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73