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June 6, 2024
Pandemic and All-Hazards Preparedness Act: An Overview

In 2006, Congress enacted the Pandemic and All-Hazards
Preparedness Act (PAHPA; P.L. 109-417), which
authorized a suite of programs and authorities within the
Department of Health and Human Services (HHS) to focus
on public health emergency preparedness and response.
Congress has reauthorized PAHPA twice, in 2013 and in
2019, both times with changes prompted by preceding
public health emergencies. Many existing PAHPA
provisions were set to expire in September 2023. Congress
has temporarily extended several provisions until December
31, 2024 (P.L. 118-42) and continues to deliberate a
multiyear reauthorization.
The Coronavirus Disease 2019 pandemic (COVID-19)
provided a critical test of the nation's public health
emergency management infrastructure, including the
programs and authorities enacted in PAHPA. This In Focus
provides an overview of PAHPA, including its context,
areas of focus, history, and current reauthorization status.
WhatIs Public Heakth Emergency
Manageentnd
Many types of emergencies involve a public health and
medical response component. To illustrate, during a natural
disaster, public health agencies might monitor associated
health effects while medical responders coordinate
emergency medical services. Alternately, some types of
emergencies, such as emerging infectious disease outbreaks
or bioterrorism events, have a primary impact on human
health. Public health emergency management involves a set
of specific capabilities tailored to health threats, for
example, detection capabilities to identify and monitor new
health threats; systems to rapidly develop, regulate, and
distribute medical products to address health threats (e.g.,
vaccines, treatments); policies and systems to manage
surges in demand for medical care and supplies; potential
use of quarantine and isolation authorities; and leadership
and communication functions focused on health.
Under the National Response Framework (NRF), HHS
coordinates the public health and medical aspects of federal
emergency response. As with U.S. emergency management
generally, state, local, tribal, and territorial (SLTT)
governments are to lead public health emergency
preparedness and response efforts in their communities.
Federal agencies generally assist when SLTT communities
are overwhelmed, need additional expertise and/or federal
assets, or when an emergency spans many jurisdictions and
prompts a coordinated, federally led response. In addition,
HHS agencies have programs and authorities tailored to the
unique needs and challenges posed by public health
emergencies-many authorized in PAHPA.

PAHPA: An Overvew
Though PAHPA has changed throughout its history, the law
has generally focused on a set of policy categories. The
following highlights some key provisions within each
category:
Leadership, strategy, and planning. In 2006, PAHPA
statutorily established that HHS is to lead federal public
health and medical response under the NRF. The law also
reauthorized and renamed the position of the Assistant
Secretary for Preparedness and Response to serve as
principal advisor for HHS emergency response. PAHPA
required the quadrennial publication of the National Health
Secretary Strategy (NHSS), where HHS anticipates public
health emergency challenges and the department's planned
approach.
SLTT emergency capacity. PAHPA has reauthorized two
grant programs focused on supporting SLTT public health
and medical emergency response capacity: (1) the Centers
for Disease Control and Prevention's (CDC's) Public
Health Emergency Preparedness (PHEP) cooperative
agreement and (2) the Administration for Strategic
Preparedness and Response's (ASPR's) Hospital
Preparedness Program (HPP). In addition, PAHPA has
included related authorities. For example, the 2013 law
(P.L. 113-5) amended the public health emergency (PHE)
declaration authority (Public Health Service Act, PHSA
§319) to allow for temporary assignment of some state and
local personnel during PHEs.
Medical countermeasures. PAHPA has included a suite of
programs and authorities aimed at enabling the
development, regulation, availability, and distribution of
medical countermeasures (MCMs). MCMs are medical
products that may be used to treat, prevent, or diagnose
conditions associated with emerging infectious diseases or
chemical, biological, radiological, or nuclear (CBRN)
agents. For example, the 2006 law established the
Biomedical Advanced Research and Development
Authority (BARDA) to focus on MCM late-stage
development, manufacturing, and purchase. PAHPA
reauthorizations have also included provisions for U.S.
Food and Drug Administration (FDA) authorities and
activities related to MCMs, especially beginning with the
2013 reauthorization that included a title focused on FDA.
Medical response programs. PAHPA authorizes several
medical response programs, such as the National Disaster
Medical System, which provides medical personnel,
equipment, and other support when requested by states. In
addition, the Strategic National Stockpile (SNS) consists of
medical products and ancillary supplies that can be
deployed to SLTT jurisdictions. The SNS includes products