[Federal Register Volume 76, Number 178 (Wednesday, September 14, 2011)]
[Notices]
[Page 56765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23464]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Secretary


Office of the Assistant Secretary for Preparedness and Response; 
Delegation of Authorities

    Notice is hereby given that I have delegated to the Assistant 
Secretary for Preparedness and Response (ASPR) the authorities vested 
in the Secretary of Health and Human Services under Sections 319F-2(c) 
and 319L of the Public Health Service (PHS) Act, as amended, with the 
exception of those reserved to the Secretary, as they pertain to the 
functions assigned to the Office of the ASPR. The Secretary reserves 
the authority under:
    1. Section 319F-2(c)(2)(B)(ii) to determine which countermeasures 
are necessary to protect public health;
    2. Section 319F-2(c)(4) to call for development of countermeasures;
    3. Section 319F-2(c)(6)(a) to make recommendation to the President;
    4. Section 319F-2(c)(2)(C) and (6)(C) to submit notices to 
Congress;
    5. Section 319F-2(c)(7)(C)(i)(II) to promulgate regulations;
    6. Section 319L(c)(3) to appoint the Director of BARDA;
    7. Section 319L(c)(7)(B) to hire special consultants; and
    8. Section 319L(c)(7)(C) to hire a limited number of highly 
qualified individuals.
    Functions and authorities under section 319F-2(c) may be re-
delegated. Functions and authorities necessary to implement section 
319L of the PHS Act shall be re-delegated to the Biomedical Advanced 
Research and Development Authority Director. Additionally, the ASPR is 
permitted to re-delegate authorities and functions under 319L 
otherwise, such as to the Acquisitions Management, Contracts and Grants 
Director (AMCG), as needed. These authorities shall be exercised under 
the Department's policy on regulations and the existing delegation of 
authority to approve and issue regulations.
    The ASPR will implement the Other Transactions authorities under 
Section 319L(c) in accordance with statutory limitations and memorandum 
between AMCG and the Office of the Grants & Acquisition Policy and 
Accountability, dated June 16, 2010.
    The authority granted herein under Section 319F-2(c)(7)(C)(iii)(IV) 
shall be exercised subject to advance concurrence by and consultation 
with the Office of the Assistant Secretary for Financial Resources.
    I hereby affirm and ratify any actions taken by the Assistant 
Secretary for Preparedness and Response, or your subordinates, which 
involved the exercise of the authorities delegated herein prior to the 
effective date of this delegation.
    This delegation is effective upon date of signature.

    Dated: September 7, 2011.
Kathleen Sebelius,
Secretary, Department of Health and Human Services.
[FR Doc. 2011-23464 Filed 9-13-11; 8:45 am]
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