Title 42The Public Health and WelfareRelease 119-73

§300hh–10a Public Health Emergency Medical Countermeasures Enterprise

Title 42 › Chapter CHAPTER 6A— - PUBLIC HEALTH SERVICE › Subchapter SUBCHAPTER XXVI— - NATIONAL ALL-HAZARDS PREPAREDNESS FOR PUBLIC HEALTH EMERGENCIES › Part Part B— - All-Hazards Emergency Preparedness and Response › § 300hh–10a

Last updated Apr 6, 2026|Official source

Summary

Create the Public Health Emergency Medical Countermeasures Enterprise (PHEMCE). The Assistant Secretary for Preparedness and Response and the Director of the Office of Pandemic Preparedness and Response Policy must serve as co-chairs. Members must include leaders from HHS (such as CDC, NIH, and FDA), the Departments of Defense, Homeland Security, Agriculture, and Veterans Affairs, the Director of National Intelligence, the Office of Pandemic Preparedness and Response Policy, and other federal agencies the Secretary chooses (for example BARDA, the Strategic National Stockpile, NIAID, and the Office of Public Health Preparedness and Response). The PHEMCE must recommend to the Secretary what to research, develop, buy, stockpile, deploy, distribute, and use for medical countermeasures (as defined in section 247d–6b(c)). Those recommendations must be based on U.S. health security needs and informed, when possible, by the National Health Security Strategy (section 300hh–1), Strategic National Stockpile needs (section 247d–6b), and threat assessments including chemical, biological, radiological, nuclear, and emerging infectious diseases. If members disagree, the Secretary will decide. The PHEMCE must also find gaps and challenges (including regulatory ones), help align purchases with those needs, help plan logistics and use of countermeasures under section 247d–6b(a), provide input for the strategy and plan under section 300hh–10(d), and seek feedback from State, local, Tribal, and territorial public health officials when appropriate.

Full Legal Text

Title 42, §300hh–10a

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

(a)The Secretary shall establish the Public Health Emergency Medical Countermeasures Enterprise (referred to in this section as the “PHEMCE”). The Assistant Secretary for Preparedness and Response and the Director of the Office of Pandemic Preparedness and Response Policy shall serve as co-chairs of the PHEMCE.
(b)The PHEMCE shall include each of the following members, or the designee of such members:
(1)The Assistant Secretary for Preparedness and Response.
(2)The Director of the Centers for Disease Control and Prevention.
(3)The Director of the National Institutes of Health.
(4)The Commissioner of Food and Drugs.
(5)The Secretary of Defense.
(6)The Secretary of Homeland Security.
(7)The Secretary of Agriculture.
(8)The Secretary of Veterans Affairs.
(9)The Director of National Intelligence.
(10)The Director of the Office of Pandemic Preparedness and Response Policy.
(11)Representatives of any other Federal agency, which may include the Director of the Biomedical Advanced Research and Development Authority, the Director of the Strategic National Stockpile, the Director of the National Institute of Allergy and Infectious Diseases, and the Director of the Office of Public Health Preparedness and Response, as the Secretary determines appropriate.
(c)(1)The functions of the PHEMCE shall include the following:
(A)Utilize a process to make recommendations to the Secretary regarding research, advanced research, development, procurement, stockpiling, deployment, distribution, and utilization with respect to countermeasures, as defined in section 247d–6b(c) of this title, including prioritization based on the health security needs of the United States. Such recommendations shall be informed by, when available and practicable, the National Health Security Strategy pursuant to section 300hh–1 of this title, the Strategic National Stockpile needs pursuant to section 247d–6b of this title, and assessments of current national security threats, including chemical, biological, radiological, and nuclear threats, including emerging infectious diseases. In the event that members of the PHEMCE do not agree upon a recommendation, the Secretary shall provide a determination regarding such recommendation.
(B)Identify national health security needs, including gaps in public health preparedness and response related to countermeasures and challenges to addressing such needs (including any regulatory challenges), and support alignment of countermeasure procurement with recommendations to address such needs under subparagraph (A).
(C)Assist the Secretary in developing strategies related to logistics, deployment, distribution, dispensing, and use of countermeasures that may be applicable to the activities of the strategic national stockpile under section 247d–6b(a) of this title.
(D)Provide consultation for the development of the strategy and implementation plan under section 300hh–10(d) of this title.
(2)In carrying out subparagraphs (B) and (C) of paragraph (1), the PHEMCE shall solicit and consider input from State, local, Tribal, and territorial public health departments or officials, as appropriate.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 300hh–10a, act
July 1, 1944, ch. 373, title XXVIII, § 2811A, as added Pub. L. 113–5, title I, § 103, Mar. 13, 2013, 127 Stat. 168; amended Pub. L. 116–22, title III, § 305(a),
June 24, 2019, 133 Stat. 936, which related to the National Advisory Committee on Children and Disasters, was transferred to section 300hh–10b of this title.

Amendments

2022—Subsec. (a). Pub. L. 117–328, § 2104(k)(1)(A), substituted “and the Director of the Office of Pandemic Preparedness and Response Policy shall serve as co-chairs” for “shall serve as chair”. Subsec. (b)(10), (11). Pub. L. 117–328, § 2104(k)(1)(B), added par. (10) and redesignated former par. (10) as (11).

Reference

Citations & Metadata

Citation

42 U.S.C. § 300hh–10a

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73