RL33589
The Pandemic and All-Hazards Preparedness Act (S. 3678): Provisions and Comparison with Current Law and Related Proposals
October 10, 2006

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National Council for Science and the Environment

Summary:

Authorities to direct federal preparedness for and response to public health emergencies are found principally in the Public Health Service Act (PHS Act). Two recent laws provided the core of these authorities: P.L. 106-505, the Public Health Threats and Emergencies Act of 2000 (Title I of the Public Health Improvement Act), and P.L. 107-188, the Public Health Security and Bioterrorism Preparedness and Response Act of 2002, which reauthorized several existing authorities and created new ones in the aftermath of the 2001 terror attacks. The laws above built upon existing broad authorities allowing or requiring the Secretary of Health and Human Services (HHS) to prepare for or respond to outbreaks of infectious disease and other unanticipated health threats. Other laws -- such as those creating a new Department of Homeland Security (DHS) and a program (Project BioShield) to encourage the development of specific countermeasures that would not otherwise have a commercial market -- have added to the federal government's slate of preparedness and response authorities as well. Further, the Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Stafford Act, administered by DHS), which authorizes federal assistance and other activities in response to presidentially declared emergencies and major disasters, is also, to some extent, a source of federal authority for the response to public health threats. Authority for a number of preparedness and response programs in the PHS Act expires at the end of FY2006, and the 109th Congress is considering reauthorization. Expiring authorities include the position of the Assistant Secretary for Public Health Emergency Preparedness, grants to states to build public health and hospital capacity, and the National Disaster Medical System (NDMS), a national system of medical response teams. The response to Hurricane Katrina in 2005, and the threat of a possible influenza pandemic, each color the policy landscape as Congress assesses the adequacy of existing federal preparedness and response activities. Several bills pending in the 109th Congress would address federal leadership for public health and medical preparedness and response, extend authority for certain expiring programs in the PHS Act, or both. These include S. 3678 and S. 3721, both reported in the Senate, and H.R. 5438, reported by the House Energy and Commerce Committee and pending before the House Homeland Security Committee. S. 3678 would extend a number of expiring provisions in the PHS Act. S. 3721, while focused on amending provisions in the Homeland Security Act of 2002, also contains provisions regarding authority and coordination for public health and medical response, as does H.R. 5438. In addition, P.L. 109-295, DHS appropriations for FY2077, signed on October 4, 2006, transferred NDMS from DHS to HHS, effective January 1, 2007. A comparison of S. 3678 with current law and related bills, including S. 3721 and H.R. 5438, is provided in Table 1, later in this report. The report will be updated as circumstances warrant.