---
kind: "section"
citation: "42 U.S.C. § 300hh–10a"
title: "42"
title_heading: "The Public Health and Welfare"
number: "300hh–10a"
heading: "Public Health Emergency Medical Countermeasures Enterprise"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/300hh-10a"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter XXVI — National All-Hazards Preparedness for Public Health Emergencies"
  - "Part B — All-Hazards Emergency Preparedness and Response"
---

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

- (a) **In general—** The [Secretary](/usc/42/201.md?p=c) shall establish the Public Health Emergency Medical Countermeasures Enterprise (referred to in this section as the “PHEMCE”). The Assistant [Secretary](/usc/42/201.md?p=c) for Preparedness and Response and the [Director](/usc/42/11851.md?p=5) of the Office of Pandemic Preparedness and Response Policy shall serve as co-chairs of the PHEMCE.
- (b) **Members—** The PHEMCE shall include each of the following members, or the designee of such members:
  - (1) The Assistant [Secretary](/usc/42/201.md?p=c) for Preparedness and Response.
  - (2) The [Director](/usc/42/11851.md?p=5) of the Centers for Disease Control and Prevention.
  - (3) The [Director](/usc/42/11851.md?p=5) of the National Institutes of Health.
  - (4) The Commissioner of Food and [Drugs](/usc/42/11851.md?p=4).
  - (5) The [Secretary](/usc/42/201.md?p=c) of Defense.
  - (6) The [Secretary](/usc/42/201.md?p=c) of Homeland Security.
  - (7) The [Secretary](/usc/42/201.md?p=c) of Agriculture.
  - (8) The [Secretary](/usc/42/201.md?p=c) of Veterans Affairs.
  - (9) The [Director](/usc/42/11851.md?p=5) of National Intelligence.
  - (10) The [Director](/usc/42/11851.md?p=5) of the Office of Pandemic Preparedness and Response Policy.
  - (11) Representatives of any other Federal [agency](/usc/42/8262.md?p=1), which may include the [Director](/usc/42/11851.md?p=5) of the Biomedical Advanced Research and Development Authority, the [Director](/usc/42/11851.md?p=5) of the Strategic National Stockpile, the [Director](/usc/42/11851.md?p=5) of the National Institute of Allergy and Infectious Diseases, and the [Director](/usc/42/11851.md?p=5) of the Office of Public Health Preparedness and Response, as the [Secretary](/usc/42/201.md?p=c) determines appropriate.
- (c) **Functions—**
  - (1) **In general—** The functions of the PHEMCE shall include the following:
    - (A) Utilize a process to make recommendations to the [Secretary](/usc/42/201.md?p=c) 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](/usc/42/247d–6b.md?p=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 300hh–1 of this title](/usc/42/300hh–1.md), the Strategic National Stockpile needs pursuant to [section 247d–6b of this title](/usc/42/247d–6b.md), 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](/usc/42/201.md?p=c) 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-1-A).
    - (C) Assist the [Secretary](/usc/42/201.md?p=c) 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](/usc/42/247d–6b.md?p=a).
    - (D) Provide consultation for the development of the strategy and implementation plan under [section 300hh–10(d) of this title](/usc/42/300hh–10.md?p=d).
  - (2) **Input—** In carrying out subparagraphs [(B)](#c-1-B) and [(C)](#c-1-C) of paragraph (1), the PHEMCE shall solicit and consider input from [State](/usc/42/201.md?p=f), local, Tribal, and territorial public health departments or officials, as appropriate.

## Source credit

(July 1, 1944, ch. 373, title XXVIII, § 2811–1, as added Pub. L. 116–22, title IV, § 402(a), June 24, 2019, 133 Stat. 942; amended Pub. L. 117–328, div. FF, title II, § 2104(k)(1), Dec. 29, 2022, 136 Stat. 5719.)

## Notes

### 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).