Sec. 402. Public Health Emergency Medical Countermeasures Enterprise

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Title XXVIII is amended by inserting after section 2811 ( 42 U.S.C. 300hh–10 ) the following: 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 shall serve as chair of the PHEMCE. The PHEMCE shall include each of the following members, or the designee of such members: The Assistant Secretary for Preparedness and Response. The Director of the Centers for Disease Control and Prevention.

The Director of the National Institutes of Health. The Commissioner of Food and Drugs. The Secretary of Defense. The Secretary of Homeland Security. The Secretary of Agriculture. The Secretary of Veterans Affairs. The Director of National Intelligence. 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.

The functions of the PHEMCE shall include the following: 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 319F–2(c), 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 2802, the Strategic National Stockpile needs pursuant to section 319F–2, 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. 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). 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 319F–2(a).

Provide consultation for the development of the strategy and implementation plan under section 2811(d). 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. . Section 2811(d) ( 42 U.S.C. 300hh–10(d) ) is amended— in paragraph (1)— by striking Not later than 180 days after the date of enactment of this subsection, and every year thereafter and inserting Not later than March 15, 2020, and biennially thereafter ; and by striking Director of the Biomedical and all that follows through Food and Drugs and inserting Public Health Emergency Medical Countermeasures Enterprise established under section 2811–1 ; and in paragraph (2)(J)(v), by striking one-year period and inserting 2-year period .

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42 USC 300hh–10
42 USC 300hh–10(d)

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Sec. 402

Public Health Emergency Medical Countermeasures Enterprise

Cite42 USC 300hh–10

Cite42 USC 300hh–10(d)

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