42 U.S.C. § 242c — Appointment and authority of the Direc-

Page 145 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 242c 1 So in original. Probably should be followed by ‘‘and’’. lished within the Office of the Assistant Secretary for Health, see Notice of Department of Health and Human Services, Office of the Assistant Secretary for Health, Mar. 30, 1987, 52 F.R. 11754. § 242c. Appointment and authority of the Direc- tor of the Centers for Disease Control and Prevention (a) In general The Centers for Disease Control and Preven- tion (referred to in this section as the ‘‘CDC’’) shall be headed by the Director of the Centers for Disease Control and Prevention (referred to in this section as the ‘‘Director’’), who shall be appointed by the President, by and with the ad- vice and consent of the Senate. Such individual shall also serve as the Administrator of the Agency for Toxic Substances and Disease Reg- istry consistent with section 9604(i) of this title. The Director shall perform functions provided for in subsection (b) and such other functions as the Secretary may prescribe. (b) Functions The Secretary, acting through the Director, shall— (1) implement and exercise applicable au- thorities and responsibilities provided for in this chapter or other applicable law related to the investigation, detection, identification, prevention, or control of diseases or condi- tions to preserve and improve public health domestically and globally and address injuries and occupational and environmental hazards, as appropriate; (2) be responsible for the overall direction of the CDC and for the establishment and imple- mentation of policies related to the manage- ment and operation of programs and activities within the CDC; (3) coordinate and oversee the operation of centers, institutes, and offices within the CDC; (4) support, in consultation with the heads of such centers, institutes, and offices, program coordination across such centers, institutes, and offices, including through priority setting reviews and the development of strategic plans, to reduce unnecessary duplication and encourage collaboration between programs; (5) oversee the development, implementa- tion, and updating of the strategic plan estab- lished pursuant to subsection (c); (6) ensure that appropriate strategic plan- ning, including the use of performance metrics, is conducted by such centers, insti- tutes, and offices to facilitate and improve CDC programs and activities; 1 (7) communicate, including through con- vening annual meetings, with public and pri- vate entities regarding relevant public health programs and activities, and, as applicable, the strategic plan established pursuant to sub- section (c). (c) Strategic plan (1) In general Not later than 1 year after December 29, 2022, and at least every 4 years thereafter, the Director shall develop and submit to the Com- mittee on Health, Education, Labor, and Pen- sions and the Committee on Appropriations of the Senate and the Committee on Energy and Commerce and the Committee on Appropria- tions of the House of Representatives, and post on the website of the CDC, a coordinated strat- egy to provide strategic direction and facili- tate collaboration across the centers, insti- tutes, and offices within the CDC. Such strat- egy shall be known as the ‘‘CDC Strategic Plan’’. (2) Requirements The CDC Strategic Plan shall— (A) identify strategic priorities and objec- tives related to— (i) preventing, reducing, and eliminating the spread of communicable and non- communicable diseases or conditions, and addressing injuries, and occupational and environmental hazards; (ii) supporting the efforts of State, local, and Tribal health departments to prevent and reduce the prevalence of the diseases or conditions under clause (i); (iii) containing, mitigating, and ending disease outbreaks; (iv) enhancing global and domestic pub- lic health capacity, capabilities, and pre- paredness, including public health data, surveillance, workforce, and laboratory ca- pacity and safety; and (v) other priorities, as established by the Director; (B) describe the capacity and capabilities necessary to achieve the priorities and ob- jectives under subparagraph (A), and progress towards achieving such capacity and capabilities, as appropriate; and (C) include a description of how the CDC Strategic Plan incorporates— (i) strategic communications; (ii) partnerships with private sector enti- ties, and State, local, and Tribal health de- partments, and other public sector enti- ties, as appropriate; and (iii) coordination with other agencies and offices of the Department of Health and Human Services and other Federal de- partments and agencies, as appropriate. (3) Use of plans Strategic plans developed and updated by the centers, institutes, and offices of the CDC shall be prepared regularly and in such a man- ner that such plans will be informed by the CDC Strategic Plan developed and updated under this subsection. (d) Appearances before Congress (1) In general Each fiscal year, the Director shall appear before the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives at hearings on topics such as— (A) support for State, local, and Tribal public health preparedness and responses to any recent or ongoing public health emer- gency, including— Page 146 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 242c–1 (i) any objectives, activities, or initia- tives that have been carried out, or are planned, by the Director to prepare for, or respond to, the public health emergency, including relevant strategic communica- tions or partnerships and any gaps or chal- lenges identified in such objectives, activi- ties, or initiatives; (ii) any objectives and planned activities for the upcoming fiscal year to address gaps in, or otherwise improve, State, local, and Tribal public health preparedness; and (iii) other potential all-hazard threats that the Director is preparing to address; (B) activities related to public health and functions of the Director described in sub- section (b); and (C) updates on other relevant activities supported or conducted by the CDC, or in collaboration or coordination with the heads of other Federal departments, agencies, or stakeholders, as appropriate. (2) Clarifications (A) Waiver authority The Chair of the Committee on Health, Education, Labor, and Pensions of the Sen- ate or the Chair of the Committee on Energy and Commerce of the House of Representa- tives may waive the requirements of para- graph (1) for the applicable fiscal year with respect to the applicable Committee. (B) Scope of requirements The requirements of this subsection shall not be construed to impact the appearance of other Federal officials or the Director at hearings of either Committee described in paragraph (1) at other times and for purposes other than the times and purposes described in paragraph (1). (3) Closed hearings Information that is not appropriate for dis- closure during an open hearing under para- graph (1) in order to protect national security may instead be discussed in a closed hearing that immediately follows the open hearing. (e) Other transactions (1) In general In carrying out activities of the Centers for Disease Control and Prevention, the Director may enter into transactions other than a con- tract, grant, or cooperative agreement for pur- poses of infectious disease research, bio- surveillance, infectious disease modeling, and public health preparedness and response. (2) Written determination With respect to a project that is expected to cost the Centers for Disease Control and Pre- vention more than $40,000,000, the Director may exercise the authority under paragraph (1) only upon a written determination by the Assistant Secretary for Financial Resources of the Department of Health and Human Serv- ices, that the use of such authority is essential to promoting the success of the project. The authority of the Assistant Secretary for Fi- nancial Resources under this paragraph may not be delegated. (3) Guidelines The Director, in consultation with the Sec- retary, shall establish guidelines regarding the use of the authority under paragraph (1). Such guidelines shall include auditing require- ments. (July 1, 1944, ch. 373, title III, § 305, as added Pub. L. 117–328, div. FF, title II, § 2101(a), Dec. 29, 2022, 136 Stat. 5706.) DELAYED EFFECTIVE DATE For delayed effective date of first sentence of subection (a) of this section, see Effective Date note below. Editorial Notes REFERENCES IN TEXT Section 9604(i) of this title, referred to in subsec. (a), was in the original ‘‘section 104(i) of the Comprehensive Environmental Response, Compensation, and Liability Act’’, and was translated as reading ‘‘section 104(i) of the Comprehensive Environmental Response, Com- pensation, and Liability Act of 1980’’, meaning section 104(i) of Pub. L. 96–510, to reflect the probable intent of Congress. PRIOR PROVISIONS A prior section 242c, act July 1, 1944, ch. 373, title III, § 305, as added July 3, 1956, ch. 510, § 3, 70 Stat. 490; amended Oct. 30, 1970, Pub. L. 91–515, title II, § 210, 84 Stat. 1303; June 18, 1973, Pub. L. 93–45, title I, § 103, 87 Stat. 91; July 23, 1974, Pub. L. 93–353, title I, § 104, 88 Stat. 363; Oct. 8, 1976, Pub. L. 94–460, title III, § 301, 90 Stat. 1960; Nov. 9, 1978, Pub. L. 95–623, § 4, 92 Stat. 3445; Aug. 13, 1981, Pub. L. 97–35, title IX, § 919(a)(1), (2)(A), (3), (b)(1), (c), (d), 95 Stat. 565, 566; Oct. 30, 1984, Pub. L. 98–551, §§ 5(a), (b), 6, 98 Stat. 2817, 2819, 2820; Oct. 7, 1985, Pub. L. 99–117, § 6, 99 Stat. 492; Nov. 14, 1986, Pub. L. 99–660, title III, § 311(b)(2), 100 Stat. 3779; Dec. 1, 1987, Pub. L. 100–177, title I, §§ 101, 102, 101 Stat. 987; Nov. 4, 1988, Pub. L. 100–607, title II, § 204(1), 102 Stat. 3079; Nov. 18, 1988, Pub. L. 100–690, title II, § 2620(b)(3), 102 Stat. 4244; Aug. 16, 1989, Pub. L. 101–93, § 5(e)(3), 103 Stat. 612, related to National Center for Health Services Re- search and Health Care Technology Assessment, prior to repeal by Pub. L. 101–239, title VI, § 6103(d)(1)(A), Dec. 19, 1989, 103 Stat. 2205. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 117–328, div. FF, title II, § 2101(b), Dec. 29, 2022, 136 Stat. 5709, provided that: ‘‘The first sentence of sec- tion 305(a) of the Public Health Service Act [42 U.S.C. 242c(a)], as added by subsection (a), shall take effect on January 20, 2025.’’ § 242c–1. Advisory committee to the Director (a) In general Not later than 60 days after December 29, 2022, the Secretary, acting through the Director of the Centers for Disease Control and Prevention (referred to in this section as the ‘‘Director’’), shall maintain or establish an advisory com- mittee within the Centers for Disease Control and Prevention to advise the Director on policy and strategies that enable the agency to fulfill its mission. (b) Functions and activities The Advisory Committee may— (1) make recommendations to the Director regarding ways to prioritize the activities of