
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC247d]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
                SUBCHAPTER II--GENERAL POWERS AND DUTIES
 
                    Part B--Federal-State Cooperation
 
Sec. 247d. Public health emergencies


(a) Determination of existence of emergency; authorization to act

    If the Secretary determines, after consultation with the Director of 
the National Institutes of Health, the Administrator of the Substance 
Abuse and Mental Health Services Administration, the Commissioner of the 
Food and Drug Administration, the Administrator of Health Resources and 
Services, or the Director of the Centers for Disease Control and 
Prevention, that--
        (1) a disease or disorder presents a public health emergency, or
        (2) a public health emergency otherwise exists and the Secretary 
    has the authority to take action with respect to such emergency,

the Secretary, acting through such Directors, Administrator, or 
Commissioner, may take such action as may be appropriate to respond to 
the public health emergency, including making grants and entering into 
contracts and conducting and supporting investigations into the cause, 
treatment, or prevention of a disease or disorder described in paragraph 
(1).

(b) Public Health Emergency Fund; authorization of appropriations; 
        annual report to Congress

    (1) There is established in the Treasury a fund designated the 
``Public Health Emergency Fund'' to be available to the Secretary 
without fiscal year limitation to carry out subsection (a) of this 
section. There is authorized to be appropriated to the fund $30,000,000 
for fiscal year 1984. For fiscal year 1985 and each fiscal year 
thereafter there is authorized to be appropriated to the fund such sums 
as may be necessary to have $45,000,000 in the fund at the beginning of 
such fiscal year.
    (2) The Secretary shall report to the Committee on Energy and 
Commerce of the House of Representatives and the Committee on Labor and 
Human Resources of the Senate not later than ninety days after the end 
of a fiscal year--
        (A) on the expenditures made from the Public Health Emergency 
    Fund in such fiscal year; and
        (B) describing each public health emergency for which the 
    expenditures were made and the activities undertaken with respect to 
    each emergency which were conducted or supported by expenditures 
    from the Fund.

(July 1, 1944, ch. 373, title III, Sec. 319, as added Pub. L. 98-49, 
July 13, 1983, 97 Stat. 245; amended Pub. L. 100-607, title II, 
Sec. 256(a), Nov. 4, 1988, 102 Stat. 3110; Pub. L. 102-321, title I, 
Sec. 163(b)(2), July 10, 1992, 106 Stat. 376; Pub. L. 102-531, title 
III, Sec. 312(d)(2), Oct. 27, 1992, 106 Stat. 3504.)


                            Prior Provisions

    A prior section 247d, act July 1, 1944, ch. 373, title III, 
Sec. 319, formerly Sec. 310, as added Sept. 25, 1962, Pub. L. 87-692, 76 
Stat. 592, and amended and renumbered, which related to migrant health 
centers, was renumbered section 329 of act July 1, 1944, by Pub. L. 95-
626, title I, Sec. 102(a), Nov. 10, 1978, 92 Stat. 3551, and transferred 
to section 254b of this title, prior to being omitted in the general 
amendment of subpart I (Sec. 254b et seq.) of part D of this subchapter 
by Pub. L. 104-299, Sec. 2.


                               Amendments

    1992--Subsec. (a). Pub. L. 102-531 substituted ``Centers for Disease 
Control and Prevention'' for ``Centers for Disease Control'' in 
introductory provisions.
    Pub. L. 102-321 substituted ``the Administrator of the Substance 
Abuse and Mental Health Services Administration'' for ``the 
Administrator of the Alcohol, Drug Abuse, and Mental Health 
Administration'' in introductory provisions and ``Directors, 
Administrator'' for ``Director, Administrator'' in closing provisions.
    1988--Subsec. (a). Pub. L. 100-607, Sec. 256(a)(1), inserted ``the 
Administrator of Health Resources and Services,'' after ``and Drug 
Administration,''.
    Subsec. (b)(1). Pub. L. 100-607, Sec. 256(a)(2), substituted 
``$45,000,000'' for second reference to ``$30,000,000''.

                         Change of Name

    Committee on Energy and Commerce of House of Representatives treated 
as referring to Committee on Commerce of House of Representatives by 
section 1(a) of Pub. L. 104-14, set out as a note preceding section 21 
of Title 2, The Congress.


                    Effective Date of 1992 Amendment

    Amendment by Pub. L. 102-321 effective Oct. 1, 1992, with provision 
for programs providing financial assistance, see section 801(c), (d) of 
Pub. L. 102-321, set out as a note under section 236 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 238m of this title.
