42 USC 247 - Public health emergencies

Editorial Notes

References in Text

The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (h), is Puspan. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§ 5121 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of this title and Tables.

Prior Provisions

A prior section 247d, act July 1, 1944, ch. 373, title III, § 319, as added Puspan. L. 98–49, July 13, 1983, 97 Stat. 245; amended Puspan. L. 100–607, title II, § 256(a), Nov. 4, 1988, 102 Stat. 3110; Puspan. L. 102–321, title I, § 163(span)(2), July 10, 1992, 106 Stat. 376; Puspan. L. 102–531, title III, § 312(d)(2), Oct. 27, 1992, 106 Stat. 3504, authorized the Secretary to take appropriate action relating to public health emergencies, prior to repeal by Puspan. L. 106–505, title I, § 102, Nov. 13, 2000, 114 Stat. 2315.

Another prior section 247d, act July 1, 1944, ch. 373, title III, § 319, formerly § 310, as added Sept. 25, 1962, Puspan. L. 87–692, 76 Stat. 592, and amended and renumbered, which related to migrant health centers, was renumbered section 329 of act July 1, 1944, by Puspan. L. 95–626, title I, § 102(a), Nov. 10, 1978, 92 Stat. 3551, and transferred to section 254span of this title, prior to being omitted in the general amendment of subpart I (§ 254span et seq.) of part D of this subchapter by Puspan. L. 104–299, § 2.

Amendments

2025—Subsec. (e)(8). Puspan. L. 119–37 substituted “January 30, 2026” for “September 30, 2025”.

Puspan. L. 119–4 substituted “September 30, 2025” for “March 31, 2025”.

2024—Subsec. (e)(8). Puspan. L. 118–158 substituted “March 31, 2025” for “December 31, 2024”.

Puspan. L. 118–42 substituted “December 31, 2024” for “March 8, 2024”.

Puspan. L. 118–35 substituted “March 8, 2024” for “January 19, 2024”.

2023—Subsec. (e)(8). Puspan. L. 118–22 substituted “January 19, 2024” for “November 17, 2023”.

Puspan. L. 118–15 substituted “November 17, 2023” for “September 30, 2023”.

2022—Subsec. (span)(2)(F), (G). Puspan. L. 117–328, § 2103(a)(1), added subpar. (F) and redesignated former subpar. (F) as (G).

Subsec. (span)(3)(A). Puspan. L. 117–328, § 2103(a)(2), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “the expenditures made from the Public Health Emergency Fund in such fiscal year; and”.

Subsec. (g). Puspan. L. 117–328, § 2223(a), added subsec. (g).

Subsec. (h). Puspan. L. 117–328, § 2407, added subsec. (h).

2019—Subsec. (span)(1). Puspan. L. 116–22, § 206(1)(A), substituted “under such subsection or if the Secretary determines there is the significant potential for a public health emergency, to allow the Secretary to rapidly respond to the immediate needs resulting from such public health emergency or potential public health emergency. The Secretary shall plan for the expedited distribution of funds to appropriate agencies and entities.” for “under such subsection.”

Subsec. (span)(2), (3). Puspan. L. 116–22, § 206(1)(B), (C), added par. (2) and redesignated former par. (2) as (3).

Subsec. (span)(4), (5). Puspan. L. 116–22, § 206(1)(D), added pars. (4) and (5).

Subsec. (c). Puspan. L. 116–22, § 206(2), inserted “rapidly respond to public health emergencies or potential public health emergencies and” after “used to” and substituted “activities under this chapter or funds otherwise provided for emergency response.” for “activities under this section.”

Subsec. (e)(8). Puspan. L. 116–22, § 701(c), substituted “2023” for “2018”.

2016—Subsec. (f). Puspan. L. 114–255 added subsec. (f).

2013—Subsec. (e). Puspan. L. 113–5 added subsec. (e).

2002—Subsec. (a). Puspan. L. 107–188, § 158, substituted “grants, providing awards for expenses, and” for “grants and” in concluding provisions.

Puspan. L. 107–188, § 144(a), inserted at end of concluding provisions “Any such determination of a public health emergency terminates upon the Secretary declaring that the emergency no longer exists, or upon the expiration of the 90-day period beginning on the date on which the determination is made by the Secretary, whichever occurs first. Determinations that terminate under the preceding sentence may be renewed by the Secretary (on the basis of the same or additional facts), and the preceding sentence applies to each such renewal. Not later than 48 hours after making a determination under this subsection of a public health emergency (including a renewal), the Secretary shall submit to the Congress written notification of the determination.”

Subsec. (d). Puspan. L. 107–188, § 141, added subsec. (d).

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Commerce of House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001.

Effective Date of 2002 Amendment

Puspan. L. 107–188, title I, § 144(span), June 12, 2002, 116 Stat. 630, provided that: “The amendment made by subsection (a) [amending this section] applies to any public health emergency under section 319(a) of the Public Health Service Act [42 U.S.C. 247d(a)], including any such emergency that was in effect as of the day before the date of the enactment of this Act [June 12, 2002]. In the case of such an emergency that was in effect as of such day, the 90-day period described in such section with respect to the termination of the emergency is deemed to begin on such date of enactment.”

Consideration of Unique Challenges in Noncontiguous States and Territories

Puspan. L. 117–328, div. FF, title II, § 2115, Dec. 29, 2022, 136 Stat. 5726, provided that: “During any public health emergency declared under section 319 of the Public Health Service Act (42 U.S.C. 247d), the Secretary of Health and Human Services shall conduct quarterly meetings or consultations, as applicable or appropriate, with noncontiguous States and territories with regard to addressing unique public health challenges in such States and territories associated with such public health emergency.”

Funding for COVID–19 Vaccine Activities at the Centers for Disease Control and Prevention

Puspan. L. 117–2, title II, § 2301, Mar. 11, 2021, 135 Stat. 37, provided that:

“(a)In General.—In addition to amounts otherwise available, there is appropriated to the Secretary of Health and Human Services (in this subtitle [subtitle D (§§ 2301–2305) of title II of Puspan. L. 117–2, see Tables for classification] referred to as the ‘Secretary’) for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $7,500,000,000, to remain available until expended, to carry out activities to plan, prepare for, promote, distribute, administer, monitor, and track COVID–19 vaccines.

“(span)Use of Funds.—The Secretary, acting through the Director of the Centers for Disease Control and Prevention, and in consultation with other agencies, as applicable, shall, in conducting activities referred to in subsection (a)—

“(1) conduct activities to enhance, expand, and improve nationwide COVID–19 vaccine distribution and administration, including activities related to distribution of ancillary medical products and supplies related to vaccines; and

“(2) provide technical assistance, guidance, and support to, and award grants or cooperative agreements to, State, local, Tribal, and territorial public health departments for enhancement of COVID–19 vaccine distribution and administration capabilities, including—

“(A) the distribution and administration of vaccines licensed under section 351 of the Public Health Service Act (42 U.S.C. 262) or authorized under section 564 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbspan–3) and ancillary medical products and supplies related to vaccines;

“(B) the establishment and expansion, including staffing support, of community vaccination centers, particularly in underserved areas;

“(C) the deployment of mobile vaccination units, particularly in underserved areas;

“(D) information technology, standards-based data, and reporting enhancements, including improvements necessary to support standards-based sharing of data related to vaccine distribution and vaccinations and systems that enhance vaccine safety, effectiveness, and uptake, particularly among underserved populations;

“(E) facilities enhancements;

“(F) communication with the public regarding when, where, and how to receive COVID–19 vaccines; and

“(G) transportation of individuals to facilitate vaccinations, including at community vaccination centers and mobile vaccination units, particularly for underserved populations.

“(c)Supplemental Funding for State Vaccination Grants.—

“(1)Definitions.—In this subsection:

“(A)Base formula.—The term ‘base formula’ means the allocation formula that applied to the Public Health Emergency Preparedness cooperative agreement in fiscal year 2020.

“(B)Alternative allocation.—The term ‘alternative allocation’ means an allocation to each State, territory, or locality calculated using the percentage derived from the allocation received by such State, territory, or locality of the aggregate amount of fiscal year 2020 Public Health Emergency Preparedness cooperative agreement awards under section 319C–1 of the Public Health Service Act (42 U.S.C. 247d–3a).

“(2)Supplemental funding.—

“(A)In general.—Not later than 21 days after the date of enactment of this Act [Mar. 11, 2021], the Secretary shall, out of amounts described in subsection (a), provide supplemental funding to any State, locality, or territory that received less of the amounts that were appropriated under title III of division M of Public Law 116–260 [see Tables for classification] for vaccination grants to be issued by the Centers for Disease Control and Prevention than such State, locality, or territory would have received had such amounts been allocated using the alternative allocation.

“(B)Amount.—The amount of supplemental funding provided under this subsection shall be equal to the difference between—

“(i) the amount the State, locality, or territory received, or would receive, under the base formula; and

“(ii) the amount the State, locality, or territory would receive under the alternative allocation.”

Funding for COVID–19 Testing, Contact Tracing, and Mitigation Activities

Puspan. L. 117–2, title II, § 2401, Mar. 11, 2021, 135 Stat. 40, provided that:

“(a)In General.—In addition to amounts otherwise available, there is appropriated to the Secretary of Health and Human Services (in this subtitle [subtitle E (§§ 2401–2404) of title II of Puspan. L. 117–2, see Tables for classification] referred to as the ‘Secretary’) for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $47,800,000,000, to remain available until expended, to carry out activities to detect, diagnose, trace, and monitor SARS–CoV–2 and COVID–19 infections and related strategies to mitigate the spread of COVID–19.

“(span)Use of Funds.—From amounts appropriated by subsection (a), the Secretary shall—

“(1) implement a national, evidence-based strategy for testing, contact tracing, surveillance, and mitigation with respect to SARS–CoV–2 and COVID–19, including through activities authorized under section 319(a) of the Public Health Service Act [42 U.S.C. 247d(a)];

“(2) provide technical assistance, guidance, and support, and award grants or cooperative agreements to State, local, and territorial public health departments for activities to detect, diagnose, trace, and monitor SARS–CoV–2 and COVID–19 infections and related strategies and activities to mitigate the spread of COVID–19;

“(3) support the development, manufacturing, procurement, distribution, and administration of tests to detect or diagnose SARS–CoV–2 and COVID–19, including through—

“(A) support for the development, manufacture, procurement, and distribution of supplies necessary for administering tests, such as personal protective equipment; and

“(B) support for the acquisition, construction, alteration, or renovation of non-federally owned facilities for the production of diagnostics and ancillary medical products and supplies where the Secretary determines that such an investment is necessary to ensure the production of sufficient amounts of such supplies;

“(4) establish and expand Federal, State, local, and territorial testing and contact tracing capabilities, including—

“(A) through investments in laboratory capacity, such as—

“(i) academic and research laboratories, or other laboratories that could be used for processing of COVID–19 testing;

“(ii) community-based testing sites and community-based organizations; or

“(iii) mobile health units, particularly in medically underserved areas; and

“(B) with respect to quarantine and isolation of contacts;

“(5) enhance information technology, data modernization, and reporting, including improvements necessary to support sharing of data related to public health capabilities;

“(6) award grants to, or enter into cooperative agreements or contracts with, State, local, and territorial public health departments to establish, expand, and sustain a public health workforce; and

“(7) to cover administrative and program support costs necessary to conduct activities related to subparagraph (a).”

Importance of the Blood Supply

Puspan. L. 116–136, div. A, title III, § 3226, Mar. 27, 2020, 134 Stat. 383, provided that:

“(a)In General.—The Secretary of Health and Human Services (referred to in this section as the ‘Secretary’) shall carry out a national campaign to improve awareness of, and support outreach to the public and health care providers about the importance and safety of blood donation and the need for donations for the blood supply during the public health emergency declared by the Secretary under section 319 of the Public Health Service Act (42 U.S.C. 247d) with respect to COVID–19.

“(span)Awareness Campaign.—In carrying out subsection (a), the Secretary may enter into contracts with one or more public or private nonprofit entities, to establish a national blood donation awareness campaign that may include television, radio, internet, and newspaper public service announcements, and other activities to provide for public and professional awareness and education.

“(c)Consultation.—In carrying out subsection (a), the Secretary shall consult with the Commissioner of Food and Drugs, the Assistant Secretary for Health, the Director of the Centers for Disease Control and Prevention, the Director of the National Institutes of Health, and the heads of other relevant Federal agencies, and relevant accrediting bodies and representative organizations.

“(d)Report to Congress.—Not later than 2 years after the date of enactment of this Act [Mar. 27, 2020], the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, a report that shall include—

“(1) a description of the activities carried out under subsection (a);

“(2) a description of trends in blood supply donations; and

“(3) an evaluation of the impact of the public awareness campaign, including any geographic or population variations.”

Reporting by Laboratories of Results of Tests To Detect SARS–CoV–2 or To Diagnose COVID–19

Puspan. L. 116–136, div. B, title VIII, § 18115(a)–(c), Mar. 27, 2020, 134 Stat. 574, provided that:

“(a)In General.—Every laboratory that performs or analyzes a test that is intended to detect SARS–CoV–2 or to diagnose a possible case of COVID–19 shall report the results from each such test, to the Secretary of Health and Human Services in such form and manner, and at such timing and frequency, as the Secretary may prescribe until the end of the Secretary’s Public Health Emergency declaration with respect to COVID–19 or any extension of such declaration.

“(span)Laboratories Covered.—The Secretary may prescribe which laboratories must submit reports pursuant to this section.

“(c)Implementation.—The Secretary may make prescriptions under this section by regulation, including by interim final rule, or by guidance, and may issue such regulations or guidance without regard to the procedures otherwise required by section 553 of title 5, United States Code.”

Executive Documents

Executive Order No. 13987

Ex. Ord. No. 13987, Jan. 20, 2021, 86 F.R. 7019, organizing and mobilizing the United States government to provide a unified and effective response to combat COVID–19 and to provide United States leadership on global health and security, was revoked by Ex. Ord. No. 14148, § 2(c), Jan. 20, 2025, 90 F.R. 8237, and Ex. Ord. No. 14155, § 2(span), Jan. 20, 2025, 90 F.R. 8361. Positions of COVID–19 Response Coordinator and Deputy Coordinator of the COVID–19 Response, as established by section 2 of Ex. Ord. No. 13987 terminated, and responsibilities and duties transferred to Director of the Office of Pandemic Preparedness and Response Policy, by Ex. Ord. No. 14122, § 3, Apr. 12, 2024, 89 F.R. 27355, set out in a note under section 300hh–3 of this title.

Executive Order No. 13991

Ex. Ord. No. 13991, Jan. 20, 2021, 86 F.R. 7045, which required compliance with CDC guidelines with respect to wearing masks, maintaining physical distance, and other public health measures by Federal employees and contractors and all persons in Federal buildings or on Federal lands, and HHS promotion of public health best practices identified by the CDC, was revoked by Ex. Ord. No. 14122, § 2, Apr. 12, 2024, 89 F.R. 27355, set out in a note under section 300hh–3 of this title.

Executive Order No. 13994

Ex. Ord. No. 13994, Jan. 21, 2021, 86 F.R. 7189, which related to ensuring a data-driven response to COVID–19 and future high-consequence public health threats, was revoked by Ex. Ord. No. 14236, § 2(a), Mar. 14, 2025, 90 F.R. 13037.

Executive Order No. 13995

Ex. Ord. No. 13995, Jan. 21, 2021, 86 F.R. 7193, which related to ensuring an equitable pandemic response and recovery, was revoked by Ex. Ord. No. 14148, § 2(i), Jan. 20, 2025, 90 F.R. 8237.

Executive Order No. 13996

Ex. Ord. No. 13996, Jan. 21, 2021, 86 F.R. 7197, establishing the COVID–19Pandemic Testing Board and ensuring a sustainable public health workforce for COVID–19 and other biological threats, was revoked by Ex. Ord. No. 14148 § 2(j), Jan. 20, 2025, 90 F.R. 8237.

Executive Order No. 13997

Ex. Ord. No. 13997, Jan. 21, 2021, 86 F.R. 7201, improving and expanding access to care and treatments for COVID–119, was revoked by Ex. Ord. No. 14148, § 2(k), Jan. 20, 2025, 90 F.R. 8237.

Executive Order No. 13998

Ex. Ord. No. 13998, Jan. 21, 2021, 86 F.R. 7205, which related to promoting COVID–19 safety in domestic and international travel, was revoked by Ex. Ord. No. 14122, § 2, Apr. 12, 2024, 89 F.R. 27355, set out in a note under section 300hh–3 of this title.

Executive Order No. 13999

Ex. Ord. No. 13999, Jan. 21, 2021, 86 F.R. 7211, ensuring the health and safety of workers during the COVID–19 pandemic, was revoked by Ex. Ord. No. 14148, § 2(l), Jan. 20, 2025, 90 F.R. 8238.

Executive Order No. 14000

Ex. Ord. No. 14000, Jan. 21, 2021, 86 F.R. 7215, supporting the reopening and continuing operation of schools and early childhood education providers, was revoked by Ex. Ord. No. 14148, § 2(m), Jan. 20, 2025, 90 F.R. 8238.

Addressing the Long-Term Effects of COVID–19

Memorandum of President of the United States, Apr. 5, 2022, 87 F.R. 20995, provided:

Memorandum for the Heads of Executive Departments and Agencies

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

Section 1. Policy. My Administration has made combating the coronavirus disease 2019 (COVID–19) pandemic, and guiding the Nation through the worst public health crisis in more than a century, our top priority. When I came into office, COVID–19 was wreaking havoc on our country—closing our businesses, keeping our kids out of school, and forcing us into isolation. Today, America has the tools to protect against COVID–19 and to dramatically decrease its risks. We move towards a future in which COVID–19 does not disrupt our daily lives and is something we prevent, protect against, and treat.

As we chart the path forward, we remember the more than 950,000 people in the United States lost to COVID–19. They were beloved parents, grandparents, children, siblings, spouses, neighbors, and friends. More than 200,000 children in the United States have lost a parent or caregiver to the disease. Each soul is irreplaceable, and the families and communities left behind are still reeling from profound loss. Many families and communities have already received support from Federal programs that help with the loss they have experienced. As we move forward, we commit to ensuring that families and communities can access these support programs and connect to resources they may need to help with their healing, health, and well-being.

At the same time, many of our family members, neighbors, and friends continue to experience negative long-term effects of COVID–19. Many individuals report debilitating, long-lasting effects of having been infected with COVID–19, often called “long COVID.” These symptoms can happen to anyone who has had COVID–19—including individuals across ages, races, genders, and ethnicities; individuals with or without disabilities; individuals with or without underlying health conditions; and individuals whether or not they had initial symptoms. Individuals experiencing long COVID report experiencing new or recurrent symptoms, which can include anxiety and depression, fatigue, shortness of breath, difficulty concentrating, heart palpitations, disordered sleep, chest and joint pain, headaches, and other symptoms. These symptoms can persist long after the acute COVID–19 infection has resolved. Even young people and otherwise healthy people have reported long COVID symptoms that last for many months. These symptoms may be affecting individuals’ ability to work, conduct daily activities, engage in educational activities, and participate in their communities. Our world-class research and public health organizations have begun the difficult work of understanding these new conditions, their causes, and potential prevention and treatment options. Our health care and support programs are working to help meet the needs of individuals experiencing the lasting effects of COVID–19. To organize the Federal Government’s response, executive departments and agencies (agencies) must work together to use the expertise, resources, and benefit programs of the Federal Government to ensure that we are accelerating scientific progress and providing individuals with the support and services they need.

In addition, the American public is grappling with a mental health crisis exacerbated by the pandemic. Too many have felt the effects of social isolation, sickness, economic insecurity, increased caregiver burdens, and grief. My Administration has made significant investments in mental health as well as substance use disorder prevention, treatment, and recovery support for the American public, including by expanding access to community-based behavioral health services. We are committed to advancing these behavioral health efforts in order to better identify the effects of the pandemic on mental health, substance use, and well-being, and to take steps to address these effects for the people we serve.

Our Nation can continue to protect the public—and spare countless families from the deepest pain imaginable—if everybody does their part. Today, we have numerous tools to protect ourselves and our loved ones from COVID–19—from vaccines to tests, treatments, masks, and more. My Administration recognizes the toll of this pandemic on the American public and commits to redoubling our efforts to support the American people in addressing the long-term effects of COVID–19 on their lives and on society.

Sec. 2. Organizing the Government-Wide Response to the Long-Term Effects of COVID–19. (a) The Secretary of Health and Human Services (Secretary) shall coordinate the Government-wide response to the long-term effects of COVID–19. My Administration will harness the full potential of the Federal Government, in coordination with public- and private-sector partners, to mount a full and effective response. The Secretary shall report on the coordination efforts to the Coordinator of the COVID–19 Response and Counselor to the President and to the Assistant to the President for Domestic Policy.

(span) The heads of agencies shall assist and provide information to the Secretary, consistent with applicable law, as may be necessary to carry out the Secretary’s duties described in subsection (a) of this section.

(c) In performing the duties described in subsection (a) of this section, the Secretary shall seek information from relevant nongovernmental experts, organizations, and stakeholders, including individuals affected directly by the long-term effects of COVID–19. The Secretary shall consider using all available legal authorities, as appropriate and consistent with applicable law, to assist in gathering relevant information, including a waiver under 42 U.S.C. 247d(f).

Sec. 3. Report on the Long-Term Effects of COVID–19. The Secretary, supported within the Department of Health and Human Services by the Assistant Secretary for Health and the Assistant Secretary for Mental Health and Substance Use, shall publish a public report within 120 days of the date of this memorandum [Apr. 5, 2022] outlining services and mechanisms of support across agencies to assist the American public in the face of the far-reaching and long-term effects of COVID–19. The report shall outline Federal Government services to support individuals experiencing long COVID, individuals and families experiencing a loss due to COVID–19, and all those grappling with mental health and substance use issues in the wake of this pandemic. The report shall also specifically address the long-term effects of COVID–19 on underserved communities and efforts to address disparities in availability and adoption of services and support for such communities.

Sec. 4. National Research Action Plan on Long COVID. (a) Coordinated efforts across the public and private sectors are needed to advance progress in prevention, diagnosis, treatment, and provision of services for individuals experiencing long COVID. The Secretary, supported by the Assistant Secretary for Health and in collaboration with the Secretary of Defense, the Secretary of Labor, the Secretary of Energy, and the Secretary of Veterans Affairs, shall coordinate a Government-wide effort to develop the first-ever interagency national research agenda on long COVID, to be reflected in a National Research Action Plan. The National Research Action Plan will build on ongoing efforts across the Federal Government, including the landmark RECOVER Initiative implemented by the National Institutes of Health. The Secretary shall release the jointly developed National Research Action Plan within 120 days of the date of this memorandum.

(span) The National Research Action Plan shall build upon existing research efforts and include strategies to:

(i) help measure and characterize long COVID in both children and adults, including with respect to its frequency, severity, duration, risk factors, and trends over time;

(ii) support the development of estimates on prevalence and incidence of long COVID disaggregated by demographic groups and symptoms;

(iii) better understand the epidemiology, course of illness, risk factors, and vaccine effectiveness in prevention of long COVID;

(iv) advance our understanding of the health and socioeconomic burdens on individuals affected by long COVID, including among different race and ethnicity groups, pregnant people, and those with underlying disabilities;

(v) foster development of new treatments and care models for long COVID based on a better understanding of the pathophysiological mechanisms of the SARS–CoV–2 virus;

(vi) inform decisions related to high-quality support, services, and interventions for long COVID;

(vii) improve data-sharing between agencies and academic and industry researchers about long COVID, to the extent permitted by law; and

(viii) specifically account for the pandemic’s effect on underserved communities and rural populations.

Sec. 5. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(span) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

(d) The Secretary is authorized and directed to publish this memorandum in the Federal Register.

J.R. Biden, Jr.