Title 42, The Public Health and WelfareRelease 119-110

§247d–7g National Biodefense Science Board and Working Groups

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

Last updated Sep 22, 2026|Official source

Summary

Create a National Biodefense Science Board to give the Secretary expert, science-based advice about current and future chemical, biological, nuclear, and radiological threats, whether natural, accidental, or deliberate. The Board must include needed Federal officials, four people from drug/biotech/device industries, four from universities, and five others chosen by the Secretary (including a practicing health care professional, a consumer 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), a person may serve no more than 3 terms and no more than 2 consecutive terms. The Board must meet at least twice a year and hold its first meeting not later than one year after December 19, 2006. The Secretary picks the chair. The Board will advise on scientific trends and threats, review working-group findings when asked, recommend biodefense research priorities, and give its reports to the relevant Congressional committees. The Board can hold hearings and use the mail. Federal employees on the Board 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 for days worked, and members get travel pay under subchapter I of chapter 57 of title 5. Federal staff may be detailed to the Board without losing their jobs. The Secretary may form or use working groups to spot promising countermeasure research, identify animal models and research tools, and advise on safety and effectiveness for children, pregnant people, and other vulnerable groups. Terms defined in section 247d–7e have the same meanings here. Congress authorized $1,000,000 for fiscal year 2007 and each fiscal year after to run the Board.

Full Legal Text

Title 42, §247d–7g

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

(a)In general
(1)Establishment and function
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)Membership
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.
Nothing in this paragraph shall preclude a member of the Board from satisfying two or more of the requirements described in subparagraph (D).
(3)Term of appointment
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)Consecutive appointments; maximum terms
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)Duties
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)Meetings
(A)Initial meeting
Not later than one year after December 19, 2006, the Secretary shall hold the first meeting of the Board.
(B)Subsequent meetings
The Board shall meet at the call of the Secretary, but in no case less than twice annually.
(7)Vacancies
Any vacancy in the Board shall not affect its powers, but shall be filled in the same manner as the original appointment.
(8)Chairperson
The Secretary shall appoint a chairperson from among the members of the Board.
(9)Powers
(A)Hearings
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)Postal services
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)Personnel
(A)Employees of the Federal Government
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)Other members
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)Travel expenses
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)Detail of Government employees
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)Other working groups
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)Definitions
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)Authorization of appropriations
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 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110