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24 April 2007


[Federal Register: April 23, 2007 (Volume 72, Number 77)]

[Notices]               

[Page 20117-20128]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr23ap07-48]                         



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DEPARTMENT OF HEALTH AND HUMAN SERVICES



 

Office of the Assistant Secretary for Preparedness and Response; 

HHS Public Health Emergency Medical Countermeasures Enterprise 

Implementation Plan for Chemical, Biological, Radiological and Nuclear 

Threats



AGENCY: Office of the Assistant Secretary for Preparedness and 

Response, Department of Health and Human Services



ACTION: Notice.



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SUMMARY: The United States faces serious public health threats from the 

deliberate use of weapons of mass destruction (WMD)--chemical, 

biological, radiological, or nuclear (CBRN)--by hostile States or 

terrorists, and from naturally emerging infectious diseases that have a 

potential to cause illness on a scale that could adversely impact 

national security. Effective strategies to prevent, mitigate, and treat 

the consequences of CBRN threats is an integral component of our 

national security strategy. To that end, the United States must be able 

to rapidly develop, stockpile, and deploy effective medical 

countermeasures to protect the American people. The HHS Public Health 

Emergency Medical Countermeasures Enterprise (PHEMCE) has taken a 

holistic, end-to-end approach that considers multiple aspects of the 

medical countermeasures mission including research, development, 

acquisition, storage, maintenance, deployment, and guidance for 

utilization. Phase one of this approach established the HHS PHEMCE 

Strategy for Chemical, Biological, Radiological, and Nuclear Threats 

(HHS PHEMCE Strategy). The HHS PHEMCE Strategy, published in the 

Federal Register on March 20, 2007, described a framework of strategic 

policy goals and objectives for identifying medical countermeasure 

requirements and establishing priorities for medical countermeasure 

evaluation, development and acquisition. These strategic policy goals 

and objectives were used to establish the Four Pillars upon which this 

HHS Public Health Emergency Medical Countermeasures Enterprise 

Implementation Plan (HHS PHEMCE Implementation Plan) is based. The HHS 

PHEMCE Implementation Plan considers the full spectrum of medical 

countermeasures-related activities, including research, development, 

acquisition, storage/maintenance, deployment, and utilization. The HHS 

PHEMCE Implementation Plan is consistent with the President's 

Biodefense for the 21st Century and is aligned with the National 

Strategy for Medical Countermeasures against Weapons of Mass 

Destruction.



DATES: This notice is effective as of April 16, 2007.



FOR FURTHER INFORMATION CONTACT: Dr. Susan Coller, Policy Analyst, 

Office of Public Health Emergency Medical Countermeasures, Office of 

the Assistant Secretary for Preparedness and Response at 330 

Independence Ave., SW., Room G640, Washington, DC 20201 or by phone 

202-260-1200.



HHS PHEMCE Approach to Medical Countermeasures



    The United States faces serious public health threats from the 

deliberate use of chemical, biological, radiological, or nuclear (CBRN) 

threat agents by hostile states or terrorists, and from naturally 

emerging infectious diseases that have the potential to cause illness 

on a scale that would impact national security. Within the Federal 

government, the mission of the Department of Health and Human Services 

(HHS) is to protect the civilian population by providing leadership in 

research, development, acquisition, deployment, and guidance for 

effective use of medical countermeasures for mitigation of CBRN events. 

This key role was identified in the National Strategy to Combat Weapons 

of Mass



[[Page 20118]]



Destruction,\1\ Biodefense for the 21st Century,\2\ and the National 

Strategy for Medical Countermeasures against Weapons of Mass 

Destruction,\3\ which together comprise the national blueprint for 

addressing CBRN defense.

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    \1\ http://www.whitehouse.gov/news/releases/2002/12/WMDStrategy.pdf.



    \2\ http://www.whitehouse.gov/homeland/20040430.html.



    \3\ http://www.whitehouse.gov/news/releases/2007/02/20070207-2.html.



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    The HHS Public Health Emergency Medical Countermeasures Enterprise 

(HHS PHEMCE) leads the mission to develop and acquire medical 

countermeasures that will improve public health emergency preparedness 

as well as prevent and mitigate the adverse health consequences 

associated with CBRN and naturally occurring threats. HHS PHEMCE is a 

coordinated, intra-agency effort led by the Office of the Assistant 

Secretary for Preparedness and Response (ASPR) and includes three HHS 

internal agencies: The Centers for Disease Control and Prevention 

(CDC), the Food and Drug Administration (FDA), and the National 

Institutes of Health (NIH). Additionally, HHS PHEMCE collaborates with 

its ex officio members: The Department of Defense (DOD), the Department 

of Homeland Security (DHS), the Department of Veterans Affairs (VA) and 

other interagency stakeholders as appropriate.

    The HHS PHEMCE Implementation Plan for CBRN Threats addresses 

twelve biological threat agents, a class of chemical threats (volatile 

nerve agents) and radiological and nuclear threats. The medical 

countermeasure programs described will involve the full range of 

activities from research through advanced development, acquisition, 

storage, maintenance, deployment and utilization and will include all 

of the PHEMCE. However, the detailed focus of this Plan will be on the 

acquisition phase using the remaining funds available under Project 

BioShield, recognizing that significant efforts both upstream and 

downstream of the acquisition will be required to ensure the successful 

development, maintenance and utilization of these critical response 

assets, that may be needed in the event of a public health emergency.

    The HHS PHEMCE Implementation Plan for CBRN Threats excludes 

pandemic influenza, which is addressed in the HHS Pandemic Influenza 

Plan. The HHS Pandemic Influenza Plan includes an overview of the 

threat of pandemic influenza, a description of the relationship of the 

HHS Pandemic Influenza Plan to other Federal plans, and an outline of 

key roles and responsibilities during a pandemic. It is aligned with 

the National Strategy for Pandemic Influenza, issued by President 

George W. Bush on November 1, 2005, and the Implementation Plan for the 

National Strategy for Pandemic Influenza, which guides the Nation's 

preparedness and response to an influenza pandemic. Significant 

progress has been made in the development and acquisition of medical 

countermeasures for pandemic influenza. Additional detailed information 

is available at http://www.pandemicflu.gov.





Current State of Medical Countermeasure Preparedness



    To date, HHS has significantly expanded national medical 

countermeasure preparedness utilizing significant investments from 

throughout the HHS PHEMCE, including NIH research and development; CDC 

Division of the Strategic National Stockpile (DSNS) acquisition, 

storage, and maintenance of medical countermeasures; and substantive 

technical and regulatory support provided by FDA to product developers. 

Funding support by the NIH for basic research, product development, and 

clinical research of CBRN medical countermeasures has increased 

dramatically between Fiscal Year 2001 (FY 2001) to FY 2006. Funding for 

the DSNS has increased more than ten-fold in that same period, 

providing for the acquisition and stockpiling of medical 

countermeasures and supplies to protect the American public. 

Furthermore, the Project BioShield Act of 2004 (Pub. L. 108-276) \4\ 

(Project BioShield) was enacted to accelerate the acquisition and 

availability of safe and effective medical countermeasures to protect 

the United States from CBRN threats. Project BioShield created a $5.6 

billion Special Reserve Fund (SRF) for use over 10 years (FY 2004-FY 

2013) to acquire appropriate medical countermeasures for DSNS.

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    \4\ http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=108_cong_public_laws&docid=f:publ276.108.pdf

.



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    During its first two years of implementation, Project BioShield 

acquisitions were guided by requirements derived from interagency 

deliberations in 2003 that involved Cabinet-level Departments and the 

Executive Office of the President. Under this initial strategy, HHS 

pursued acquisitions for those highest priority threats for which there 

were candidate products at relatively advanced stages of development 

and for which there were opportunities to have a significant impact on 

improving preparedness. These products included medical countermeasures 

for anthrax, smallpox, botulinum toxins, and radiological/nuclear 

agents--the four threat agents initially determined by DHS to pose a 

material threat to national security.\5\ Acquisitions under Project 

BioShield to date include the currently licensed anthrax vaccine, 

anthrax therapeutics (monoclonal and human immune globulin), a 

pediatric formulation of potassium iodide to protect against absorption 

of radioactive iodine, calcium and zinc diethylenetriaminepentaacetate 

(DTPA), chelating agents to treat ingestion of certain radiological 

particles, and botulinum antitoxin.

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    \5\ The Project BioShield Annual Report to Congress July 2004-

July 2006 is available at http://www.hhs.gov/aspr/ophemc/bioshield/bioshieldreport/index.html_____________________________________-







    Additional acquisitions of medical countermeasures for the DSNS 

have also provided a substantial preparedness level for a number of 

material threats. Specifically, DSNS inventory includes smallpox 

vaccine to immunize every American and Vaccinia Immune Globulin to 

treat complications that may arise from smallpox vaccination; anthrax 

therapeutics and a substantial level of antibiotics to provide 

treatment (thousands of doses) or prophylaxis (millions of doses) for 

bacterial threat agents anthrax, plague and tularemia; thousands of 

treatment courses of the chelating agent Prussian Blue (which mitigates 

internal absorption of cesium-137, a component of dirty bombs); enough 

potassium iodide tablets (which protects against radioactive iodine) 

for over one million people; thousands of courses of growth factors 

that could be useful for addressing the hematopoietic effects of acute 

radiation syndrome (ARS); CHEMPACKs (pre-positioned antidotes for 

volatile nerve agent exposure) distributed throughout the country; and 

general supplies that will be required to treat the complex array of 

medical problems following a nuclear attack, including antibiotics, 

anti-nausea drugs, and large quantities of supplies to treat burn and 

blast injuries. Some of these stockpiled products are licensed, 

approved, or cleared by FDA for use as medical countermeasures. Others 

are investigational and would need to be used under an Investigational 

New Drug application or an Emergency Use Authorization \6\. In 2002, 

DSNS began participating in the Shelf Life Extension Program (SLEP) 

with FDA. SLEP allows



[[Page 20119]]



the extension of the expiration date of certain drugs in DSNS where 

adequate supporting data exist, so that critical medical 

countermeasures that are still safe and effective can continue to be 

used.

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    \6\ See http://www.FDA.gov for further information regarding the 



Investigational New Drug application and the Emergency Use 

Authorization

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    HHS has also acted to improve and strengthen the underlying 

national response capacity and distribution efficiency that is required 

to take full advantage of these stockpiled medical countermeasures. HHS 

has specifically worked to prepare public health systems for 

bioterrorism and other mass casualty incidents; expand America's public 

health laboratory capacity, a crucial element in detecting and 

understanding any disease outbreak; expand and improve communications 

capacity within the public health structure to make public 

communications clearer and faster in an emergency; enhance food defense 

and safety activities at the FDA; expand the biodefense research 

program at NIH; and address response capacity for at-risk populations 

including children, pregnant women, senior citizens and other 

individuals who have special needs in the event of a public health 

emergency, as determined by the Secretary.\7\

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    \7\ As defined in the Pandemic and All-Hazards Preparedness Act 

(P.L.109-417), which is available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=109_cong_public_laws&docid=f:publ417.109.pdf

.



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Development of the HHS PHEMCE Implementation Plan For Chemical, 

Biological, Radiological and Nuclear Threats



    HHS approached the development of the HHS PHEMCE Implementation 

Plan recognizing that the past investments outlined above have resulted 

in an armamentarium of medical countermeasures in DSNS that provides a 

substantial preparedness level for a number of CBRN threats. HHS 

recognizes that while it was important to achieve the current level of 

preparedness, it is equally as important to maintain and improve this 

capability.

    HHS PHEMCE has taken a holistic, end-to-end approach that considers 

multiple aspects of the medical countermeasures mission including 

research, development, acquisition, storage, maintenance, deployment, 

and guidance for utilization. Phase One of this approach established 

the HHS Public Health Emergency Medical Countermeasures Enterprise 

Strategy for Chemical Biological, Radiological and Nuclear Threats (HHS 

PHEMCE Strategy).\8\ The September 2006 BioShield Stakeholders Workshop 

brought together stakeholders from all aspects of the mission to 

discuss the framework and approach for the HHS PHEMCE Strategy. The 

valuable input solicited from stakeholders at the Workshop, combined 

with the responses received to the medical countermeasures Request for 

Information issued in October 2006 \9\ and through the Federal 

Register, was incorporated into the HHS PHEMCE Strategy.

---------------------------------------------------------------------------



    \8\ Available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2007_register&docid=%5bDOCID:fr20mr07-65

.



    \9\ http://www.fbo.gov/servlet/Docments/R/589030.



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    The HHS PHEMCE Strategy, published in the Federal Register on March 

20, 2007, described a framework of strategic policy goals and 

objectives for identifying medical countermeasure requirements and 

establishing priorities for medical countermeasure evaluation, 

development and acquisition. These strategic policy goals and 

objectives were used to establish the Four Pillars upon which this HHS 

PHEMCE Implementation Plan is based.



Pillar One: Identify and Assess CBRN Threats



    DHS leads the Federal response to National Response Plan incidents, 

conducts integrated assessments of the risks posed by CBRN agents, and 

issues Material Threat Determinations (MTDs) as to which CBRN pose a 

material threat sufficient to affect U.S. national security.\10\ The 

Secretary of Homeland Security has issued MTDs for threat agents (Table 

1) and has conducted Population Threat Assessments (PTA) to estimate 

the number of individuals who might be exposed to each of these threats 

in plausible, high-consequence scenarios. A Population Threat 

Assessment has been conducted for volatile nerve agents.

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    \10\ Material Threat Determinations are authorized under section 

319 F-2(c)(2) of the Public Health Service Act, as added by section 

3 of the Project BioShield Act and are a legally required precursor 

to procurements under that authority.

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    In the future, additional MTDs may be issued if technology advances 

or if our understanding of the potential threats changes. The PHEMCE 

strategy is to have specific medical countermeasures that address each 

of the threats for which an MTD has been issued while also providing 

broad spectrum medical countermeasures to address as many as is 

practicable of those threats that did not rise to the level of an MTD.

[GRAPHIC] [TIFF OMITTED] TN23AP07.000



Pillar Two: Assess Medical/Public Health Consequences



    The information supporting the MTDs and PTAs regarding population 

exposures from high consequence scenarios provided by DHS is used by 

HHS to inform subsequent medical and public health consequence 

assessments using multiple sources of information, including modeling. 

HHS uses modeling to help to explore potential outcomes when medical 

countermeasures are employed in operationally realistic timelines. The 

HHS assessments provide public health impact estimates for a given 

threat scenario and use of medical countermeasures for each threat 

agent.



[[Page 20120]]



Pillar Three: Establish Medical Countermeasure Requirements That 

Incorporate Assessments of Current Levels of Preparedness, Concepts of 

Utilization, and Product Specifications



    Our current state of preparedness and medical countermeasure 

requirements have been assessed for these fourteen CBRN threats. To 

establish medical countermeasure requirements for the top priority 

threat agents, HHS combines the threat prioritization and medical and 

public health consequence assessments, along with subject matter expert 

evaluations, domestic and international intelligence information, and 

information on current State, local and tribal response capabilities.



Pillar Four: Identify and Prioritize Near-, Mid-, and Long-Term 

Development and Acquisition Programs, Informed by Assessment of the 

Maturity of the Product Development Pipeline and Estimated Costs



    The mission to develop and acquire agent-specific medical 

countermeasures for the entire U.S. population for all fourteen threats 

and broad spectrum medical countermeasures against the remaining 

current and future threats encompasses a vast range of activities and 

dictates priority-setting. The process for setting the priorities for 

the portfolio of investments ultimately outlined in this plan required 

careful consideration and deliberation. Specifically, HHS PHEMCE 

evaluated three possible approaches during the priority setting 

process. The first option was to focus only on a single, highest 

priority threat. In line with this, all available acquisition dollars 

would be spent trying to fully address the requirements for this one 

agent with the aim of eliminating it as a material threat to national 

security. The second option was to divide the available resources 

equally among the known fourteen threats. The third option, and the 

approach that the PHEMCE ultimately pursued, was to prioritize 

strategic policy decisions, framed by the HHS PHEMCE Strategy, which 

will most effectively improve overall public health preparedness. This 

decision-making process to set priorities included extensive discussion 

with Federal government subject matter experts \11\ and was guided by 

the principles of the National Strategy for Medical Countermeasures 

against Weapons of Mass Destruction. As a result, HHS has prioritized 

the medical countermeasures programs--including, research, development, 

and acquisition in the near-term, mid-term and long-term--that were 

determined to provide the greatest opportunities to improve public 

health emergency preparedness across the threat spectrum.

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    \11\ Including subject matter experts from HHS (CDC, FDA, and 

NIH), DOD, DHS, VA, and the respective HHS PHEMCE Chemical, 

Biologics, Radiological and Nuclear Working Groups.

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    The key elements that established the foundation for the priority-

setting decisions were as follows:

Prevention Versus Mitigation and Treatment

    HHS has generally adopted a strategy of developing and acquiring 

medical countermeasures for post-event response to CBRN threats. 

Preventive measures are appropriate only for threats of such potential 

catastrophic consequence that a pre-event strategy will be examined in 

order to reduce vulnerability and mitigate post-event consequences. 

Therapeutics and diagnostics or the use of post-event prophylaxis will 

be the preferred strategy for all other threats. Priority will be 

placed on medical countermeasures that focus on post-event prophylaxis 

or post-exposure treatment.

Concept of Operations

    In alignment with the National Strategy for Medical Countermeasures 

against Weapons of Mass Destruction, HHS will prioritize the 

development and acquisition of medical countermeasures that are 

associated with an effective concept of operations (CONOPs). These 

CONOPs include a deployment strategy and utilization policy that is 

supportable by the present and future programmed distribution 

capabilities of Federal, State, local, and tribal public health 

emergency responders to rapidly ship and distribute critical items 

following a CBRN event. Within HHS, ASPR coordinates with the CDC 

Coordinating Office for Terrorism Preparedness and Emergency Response 

(COPTER) in determining processes, procedures, tactics, and techniques 

for how DSNS deploys countermeasures \12\ and the utilization 

strategies for those materials and medical countermeasures. ASPR's 

Office of Preparedness and Emergency Operations (OPEO) works with its 

response partners, using event and response modeling, to outline how 

the current DSNS inventory will be used. These approaches are exercised 

with interagency partners to ensure that the plans are based on 

realistic and achievable timelines.

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    \12\ The authority of the Secretary of HHS to deploy the SNS is 

codified at 42 U.S.C. Sec.  247d-6b.



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[[Page 20121]]



    The CONOPs for a particular threat scenario and medical 

countermeasure are a crucial component in setting specific product 

requirements and contribute directly to the acquisition strategy. While 

there is much in common in medical countermeasure development for 

civilian and military medical countermeasures, CONOPs for HHS and DOD, 

respectively, have differences which must be considered in the 

requirements and acquisitions processes. HHS is committed to continuing 

to work with all its emergency responder partners to improve public 

health response capabilities.



Broad Spectrum Medical Countermeasures and Platform Technologies



    A fixed defense \13\ or ``one-bug, one-drug'' approach for medical 

countermeasure development is determined to be effective and viable for 

some of the highest priority threats such as smallpox and anthrax. As 

the list of material threats increases, and technology advances, HHS 

will be focusing its medical countermeasure research, development and 

acquisition efforts on broad spectrum and platform approaches.

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    \13\ Relman DA. Bioterrorism--Preparing to Fight the Next War, 

NEJM, 2006, 354(2):113-115. In the context of defense against 

biological threats, a fixed defense is a medical countermeasure 

intended for use against a specific organism and not useful in 

scenarios that employ a different organism.

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Preparing for New Threats



    In order to address emerging, enhanced, and advanced threats,\14\ 

HHS will be investing in research and development on innovative 

approaches and platform technologies.\15\ These technologies will 

facilitate rapid identification and characterization of novel threat 

agents, thereby creating the capability to rapidly produce relevant 

medical countermeasures. This policy is aligned with the National 

Strategy for Medical Countermeasures against Weapons of Mass 

Destruction which targets the use of existing, proven approaches for 

developing medical countermeasures to address challenges posed by 

traditional CBRN agents while calling for a flexible capability to 

develop new medical countermeasures. These latter activities emphasize 

the need to capitalize upon the development of innovative and future 

technologies that will enhance our ability to respond swiftly and 

effectively to potential, emerging, and future unknown CBRN threats. 

This will require targeted, balanced, and sustained investments to 

support fundamental basic research to discover new technologies and 

update platforms as well as applied research for technology development 

to deliver new medical capabilities and countermeasures.

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    \14\ As defined in the National Strategy for Medical 

Countermeasures against Weapons of Mass Destruction: Enhanced Agents 

are traditional agents that have been modified or selected to 

enhance their ability to harm human populations or circumvent 

current countermeasures, such as a bacterium that has been modified 

to resist antibiotic treatment; Emerging Agents are previously 

unrecognized pathogens that might be naturally occurring and present 

a serious risk to human populations, such as the virus responsible 

for Severe Acute Respiratory Syndrome (SARS); and Advanced Agents 

are novel pathogens or other materials of biological nature that 

have been artificially engineered in the laboratory to bypass 

traditional countermeasures or produce a more severe or otherwise 

enhanced spectrum of disease.

    \15\ Examples of platform technologies include strategies that 

permit rapid commercial scale production of threat-specific 

countermeasures or expression systems that permit rapid production 

of new vaccines.

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Top Priority Medical Countermeasure Research, Development, and 

Acquisition Programs to Increase Public Health Emergency Preparedness



    Following the principles and processes described above, HHS has 

assessed the top priority CBRN threats from a medical countermeasure 

perspective and has developed medical countermeasure acquisition 

priorities for the near-term (FY 2007-FY 2008), the mid-term (FY 2009-

FY 2013), and, in less detail, the long-term (beyond FY 2013).\16\ This 

prioritization spans the CBRN threat spectrum and best utilizes 

available resources in addressing the highest priority threats to 

maximize risk mitigation. Table 2 arrays the top priority medical 

countermeasure programs against the specific threat agents addressed by 

the program. The broad spectrum antibiotic, broad spectrum antiviral, 

and diagnostics programs address multiple threat agents, while other 

programs are, of necessity, agent-specific.

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    \16\ SRF that supports Project BioShield released $3.4 billion 

for use between FY 2004-2008 and the remaining $2.2 billion will be 

available for use between FY 2009-2013.

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    Medical countermeasure requirements are based primarily on the 

number of persons exposed to clinically significant levels of a threat 

agent in a single-event, plausible, high-consequence scenario. In 

setting appropriate targets for an acquisition program, a number of 

factors in addition to the single event, exposure-based medical 

countermeasure requirement could be considered, including:

     Multiple events

     Citizens concerned about exposure \17\

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    \17\ Non-exposed population seeking medical care for non-

specific symptoms or concerns about exposure.

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     The lack of availability of rapid, point-of-care 

diagnostics

     Potential nationwide demand after a single large-scale 

event

     Pre-positioning of individual medical countermeasures to 

meet specific response time requirements

     Economies of scale for production \18\

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    \18\ A production process in which an increase in the number of 

units produced causes a decrease in the average cost of each unit.

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     Providing a target acquisition size sufficient to drive 

industrial development of the medical countermeasure.

    HHS will continue to coordinate medical countermeasure development 

and acquisition efforts with DOD; however, separate development and 

acquisition programs may be necessary in situations where military 

requirements differ from civilian requirements, including with regard 

to concepts of use of particular countermeasures. Consistent with the 

National Strategy for Medical Countermeasures against Weapons of Mass 

Destruction, the Secretary of Health and Human Services is tasked with 

civilian medical countermeasure preparedness, and it is National policy 

that ``the Secretary of Defense shall retain the exclusive 

responsibility for research, development and acquisition of medical 

countermeasures to prevent or mitigate the health effects of WMD 

threats * * * to the Armed Forces.'' \19\

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    \19\ http://www.whitehouse.gov/ news/releases/2007/ 02/20070207-2.html.



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BILLING CODE 4150-37-P



[[Page 20122]]



[GRAPHIC] [TIFF OMITTED] TN23AP07.001



Strategies for Addressing High Priority Medical Countermeasures



Research and Development



    NIH is the lead agency within the Federal Government for conducting 

and supporting biomedical research relating to causes, diagnosis, 

treatment, control, and prevention of diseases. NIH will align research 

and development efforts with the PHEMCE priority medical countermeasure 

programs. In addition, NIH will support Research and Development for 

next-generation products to replace currently-held medical 

countermeasures in DSNS, as needed. These next generation products 

include medical countermeasures with broad spectrum activity against a 

wide variety of threat agents; broad spectrum technologies that enhance 

effectiveness of multiple classes of medical countermeasures; and broad 

spectrum platforms that permit more rapid generation of required 

medical countermeasures. Continued research and development efforts 

will ensure a sustainable, continuous stream of promising medical 

countermeasures in the pipeline that are aligned with top priority HHS 

PHEMCE requirements for future acquisitions and/or replacement of DSNS 

inventory. NIH's long-term focus is on platform technologies and broad 

spectrum medical countermeasures that will allow for the rapid 

introduction of additional response capabilities for emerging 

infectious agents.



[[Page 20123]]



Advanced Development \20\

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    \20\ The Pandemic and All-Hazards Preparedness Act (Pub. L. 109-

417) definition of advanced research and development: ``with respect 

to a product that is or may become a qualified countermeasure or a 

qualified pandemic or epidemic product, activities that 

predominantly are conducted after basic research and preclinical 

development of the product; and are related to manufacturing the 

product on a commercial scale and in a form that satisfies the 

regulatory requirements under the Federal Food, Drug, and Cosmetic 

Act or under section 351 of this Act.''

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    The use of advanced development efforts that support multiple 

candidates for each medical countermeasure need is a key element to 

mitigating risk in the Project BioShield acquisition phase of the 

product development pathway. The Pandemic and All-Hazards Preparedness 

Act (Pub. L. 109-417) established the Biomedical Advanced Research and 

Development Authority (BARDA). Utilizing those tools, HHS plans to 

promote innovation, reduce risk to both medical countermeasure 

developers and the Government, and invest in medical countermeasure 

advanced development that will carry products through the crucial 

middle phase \21\ of drug development between basic research and 

acquisition of final products. HHS anticipates that available funding 

through these authorities, in FY 2007 and beyond, will be aligned with 

the highest priority medical countermeasure development programs. 

Finally, Advanced Development activities will depend on congressional 

approval of the President's FY 2008 budget request of $189 million. The 

future funding levels for BARDA remain to be determined.

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    \21\ Often referred to as the ``Valley of Death.''

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Projected Acquisitions



    The HHS PHEMCE will consider opportunities for acquiring medical 

countermeasures using both DSNS appropriations as well as SRF monies 

under Project BioShield. Acquisitions under DSNS will be limited to 

commercially available products. Current funding levels were considered 

in projecting acquisition forecasts. While BARDA funding has been 

established to support the advanced development of medical 

countermeasures, Project BioShield acquisition contracts may still 

include late-stage development costs for scale-up manufacturing, 

clinical trials, and pivotal animal efficacy studies, in addition to 

final production and delivery.

    The near-term is defined as FY 2007-FY 2008, which is the time 

frame of allocation of approximately half of the Project BioShield SRF. 

The mid-term is defined as FY 2009-FY 2013, which is the remainder of 

the ten year duration of the Special Reserve Fund. Medical 

countermeasures will be procured in the near-term and mid-term using 

both the SRF as well as from the DSNS appropriations. During the near-

term, HHS also will pursue acquiring a number of medical 

countermeasures for which utilization of the Project BioShield Special 

Reserve Fund has been approved, but for which funds have not yet been 

fully obligated.

    Table 3 summarizes the proposed near-term and mid-term acquisitions 

for the priority medical countermeasures. In some cases, the estimated 

funding ranges indicated are based on identified potential medical 

countermeasure candidates currently under development; whereas in other 

cases the estimated ranges are based on industry standard information 

for vaccine and drug development costs. Descriptions of the 

acquisitions for priority medical countermeasures follow Table 3.



[[Page 20124]]



[GRAPHIC] [TIFF OMITTED] TN23AP07.002





[[Page 20125]]







PROJECTED NEAR-TERM (FY 2007-FY 2008)



Medical Countermeasure Development and Acquisition Programs To Enhance 

Preparedness



Programs for Biological Threats



Broad Spectrum Antibiotic(s)

    MTD: Bacillus anthracis and multi-drug resistant bacillus 

anthracis, burkholderia mallei, burkholderia pseudomallei, franciscella 

tularensis, rickettsia prowazekii, yersinia pestis.

    Many of MTDs address bacterial species that can be treated using 

antibiotics. Broad spectrum antibiotics, therefore, will continue to be 

a critical component of strategy HHS will take to maintain and improve 

public health preparedness. For each biological threat agent or class 

of agents, however, there is a limited array of antibiotics with 

demonstrated efficacy. In the near-term, HHS will continually evaluate 

the antibiotics in the DSNS and, as needed, will acquire commercially 

available antibiotics using DSNS appropriations.

Anthrax Vaccine(s)

    MTD: Bacillus anthracis, multi-drug resistant bacillus anthracis.

    Antibiotics represent the first line of defense to protect the 

nation following an anthrax attack. However, anthrax vaccines are also 

an essential element of our national preparedness. Vaccines may be 

given as post-exposure prophylaxis in combination with antibiotics to 

potentially provide longer-term protection; this combination may also 

allow for a reduction in the duration of the antibiotic regimen. 

Vaccines can also provide pre-event protection to the relatively small 

population that is at high risk of frequent occupational exposure to 

Bacillus anthracis.

    In December 2006, a contract for the development and acquisition of 

a recombinant Protective Antigen (rPA) anthrax vaccine was terminated 

by HHS; however, the Department remains committed to acquiring next-

generation anthrax vaccines that will be part of a balanced and 

diversified portfolio of medical countermeasures. HHS has developed a 

comprehensive strategy for advanced development and acquisition of 

current and next generation anthrax vaccines and anticipates that these 

activities will be pursued in the near-term.

Smallpox Vaccine(s)

    MTD: Variola virus.

    HHS has made significant progress in providing smallpox vaccine to 

the DSNS. In addition, a requirement has been established for a 

smallpox vaccine to protect immunocompromised persons for whom use of 

the existing smallpox vaccines is medically contraindicated in the 

absence of smallpox exposure.

    One candidate next-generation smallpox vaccine, modified vaccinia 

Ankara (MVA), is based on a strain of the vaccinia virus that, in 

contrast to current smallpox vaccines such as Dryvax, does not 

replicate effectively in human cells and, therefore, may cause fewer 

side effects. The MVA development programs were supported by the 

National Institute of Allergy and Infectious Diseases (NIAID) with 

milestone-driven contract awards in 2003 and 2004. HHS is well-advanced 

in the pre-award stage of an MVA vaccine acquisition program.



Programs for Radiological and Nuclear Threats



ARS/Hematopoietic Syndrome Medical Countermeasure(s)

    MTD: Radiological/nuclear agents.

    HHS regards radiological and nuclear agents as a significant threat 

to national security and is committed to purchasing safe and 

efficacious medical countermeasures to treat Acute Radiation Syndrome 

(ARS). In March 2007, HHS withdrew the ARS RFP because it was 

determined, after extensive scientific and technical expert evaluation, 

that no competing offeror had a product that met USG requirements for a 

Project BioShield acquisition. HHS will continue to pursue an initial 

acquisition of a safe and effective medical countermeasure to treat 

ARS. In moving forward to meet this goal, HHS will make use of 

scientific developments that have occurred since the previous RFP 

closed, as well as new authorities provided by the Pandemic and All-

Hazards Preparedness Act that could accelerate the advanced development 

of promising countermeasures.

    HHS supports further development of the radiological and nuclear 

medical countermeasure pipeline. The NIAID's Radiation Countermeasures 

Research Program has funded numerous projects, including: ARS medical 

countermeasure screening programs in cell-based and rodent models at 

multiple institutions around the country; development of three Good 

Laboratory Practices (GLP) animal testing facilities to evaluate the 

efficacy of medical countermeasures against ARS; eight Centers for 

Medical Countermeasures against Radiation at academic institutions 

around the country; and intramural research programs at the DOD Armed 

Forces Radiobiology Research Institute (AFRRI) and the National Cancer 

Institute.



PROJECTED MID-TERM (FY 2009-FY 2013)



Medical Countermeasure Development and Acquisition Programs To Enhance 

Preparedness



    HHS will pursue the following medical countermeasure acquisitions 

in the mid-term using the remaining SRF and pending availability of 

other funding for those acquisitions that do not use the SRF. These 

anticipated acquisitions are also predicated on the availability of 

products at the appropriate developmental stage that meet U.S. 

Government civilian requirements.



Programs for Biological Threats



    The ideal medical countermeasures for biological agents will be 

highly effective for post-exposure prophylaxis as well as early 

symptomatic treatment, will display an excellent safety profile and 

could be easily self-administered.

Broad Spectrum Antibiotic(s)

    MTD: Bacillus anthracis, multi-drug resistant bacillus anthracis. 

burkholderia mallei, burkholderia pseudomallei, francisella tularensis, 

rickettsia prowazekii, yersinia pestis.

    In addition to the near-term strategy for acquisition of 

commercially available antibiotics, HHS anticipates maintaining a 

robust basic research and development program along with advanced 

development for broad spectrum antimicrobials that will specifically 

provide support for regulatory approval for clinical indications that 

address bacterial agent MTDs. In order to better balance antimicrobial 

DSNS holdings in light of newer MTDs, HHS will pursue a potential 

acquisition of additional broad spectrum antimicrobials in the mid-

term.

Diagnostics (Point-of-Care)

    MTD: All biological threat agents.

    Following a terrorist event, clinical diagnostic assays (in vitro 

diagnostics, IVDs) are critical tools for distinguishing infected 

(symptomatic) individuals needing treatment from potentially exposed 

but asymptomatic individuals needing post-exposure prophylaxis. 

Overall, the requirements for diagnostic assays to facilitate a 

response to a bioterrorism event will focus on rapid, point-of-care 

assays. Rapid triaging of the symptomatic patients will be required to 

provide, as necessary, treatment, isolation and implementation of 

universal precautions for infectious diseases and may also be useful in 

the



[[Page 20126]]



allocation of limited critical therapeutic materials to only those 

patients in need. Multiplexed, adaptive platforms that confer 

flexibility, offer alternative commercial opportunities, and allow for 

the rapid introduction of additional tests for emerging infectious 

agents are highly desired.

    These IVDs used for clinical purposes are distinguished from 

detection assays used for environmental samples (air, water, food, 

surface swabs) in that they are required to be approved or cleared by 

the FDA. To date, limited incentives have been available to sustain 

commercial market production of IVDs; however, once specific 

requirements in this area are developed and prioritized, HHS will 

pursue a potential mid-term acquisition of biological agent diagnostics 

to enhance public health preparedness capability.

Anthrax Antitoxin

    MTD: Bacillus anthracis, multi-drug resistant bacillus anthracis.

    The primary mortality and morbidity of anthrax disease is mediated 

through toxins produced by the bacteria, B. anthracis. Antibiotics 

(currently within DSNS) target the B. anthracis bacteria itself; while 

vaccines (discussed under Near-Term Acquisitions) provide long-term 

protection from disease. Antitoxins are required to neutralize the 

effects of the toxins and may contribute to a more successful 

therapeutic outcome. Given the current status of anthrax antitoxins and 

animal model development, HHS will continue its phased acquisition 

program and will pursue a mid-term acquisition of additional anthrax 

antitoxin to allow HHS to more fully meet medical countermeasure 

requirements, including to address the threat from MDR anthrax.

Filovirus Medical Countermeasure(s)

    MTD: Ebola virus, marburg virus.

    Infection with filoviruses produces an aggressive disease that is 

highly lethal. Currently, no FDA-approved filovirus-specific medical 

countermeasures exist. An antiviral is preferred to treat infected 

patients and to provide pre-exposure prophylaxis to health care workers 

and personal contacts. A vaccine will be useful for civilian 

populations if it provides rapid onset of protective immunity. HHS will 

continue to invest in research and development and will pursue an 

acquisition for filovirus medical countermeasures in the mid-term.

Smallpox Antiviral

    MTD: Variola virus.

    Currently there is no treatment available for smallpox disease once 

the symptoms manifest. An effective antiviral treatment could mitigate 

the effects of smallpox disease. It is likely that such an antiviral 

may also be effective against other pox viruses. Given the current 

status of the most advanced products as well as the status of animal 

model development, HHS will pursue a mid-term acquisition of a smallpox 

antiviral for the treatment of smallpox. The ideal antiviral will be 

highly effective post-exposure as well as an effective treatment early 

in the symptomatic phase of the disease.



Programs for Radiological and Nuclear Threats



ARS/DEARE Medical Countermeasure(s)

    MTD: Radiological/nuclear agents.

    Acute Radiation Syndrome (ARS) often called radiation sickness, 

results when humans are exposed to a large dose of ionizing radiation. 

ARS develops in the timeframe of hours to weeks, and the Delayed 

Effects of Acute Radiation Exposure (DEARE) injury in weeks to months 

following radiation exposure. HHS will pursue one or more ARS/DEARE 

medical countermeasure acquisition(s) in the mid-term to continue the 

phased acquisition strategy launched in the near-term.

Biodosimetry and Bioassay

    MTD: Radiological/nuclear agents.

    Biodosimetry and radionuclide bioassay capabilities are essential 

for medical management of ARS/DEARE following acute radiation exposure 

and are integral to triage and management processes. HHS anticipates 

that rapid biodosimetry assays for on-scene triage should be available 

for acquisition in the mid-term. A system of biodosimetry and 

radionuclide bioassay laboratories is also proposed to increase overall 

national capacity. While the diagnostics portion of this requirement 

may be funded through the Project BioShield SRF, appropriate funding to 

establish this laboratory network is yet to be determined.

Radionuclide-Specific Medical Countermeasure(s)

    MTD: Radiological/nuclear agents.

    Radionuclide-specific medical countermeasures are a key component 

to managing the medical consequences of radiation dispersal device 

(RDD) events, both explosive and non-explosive, as well as nuclear 

power plant events. In the near term, HHS will continue to fund the 

development of improved formulations of diethylenetriaminepentaacetate 

(DTPA) and other novel decorporating agents that remove radioactive 

particles from the body. If continued progress is made on the 

radionuclide-specific countermeasures currently under development, it 

is conceivable that oral formulations of DTPA (which would considerably 

ease the logistical requirements for rapid delivery of this medical 

countermeasure) and/or other novel decorporating agents could be 

available for acquisition in the mid-term.



Programs for Chemical Threats



Enterprise CHEMPACKs

    PTA: Volatile nerve agents.

    The CHEMPACK program is an ongoing initiative of the DSNS, begun in 

2003, that provides antidotes (three countermeasures used 

concomitantly) to volatile nerve agents for pre-positioning by State, 

local, and/or tribal officials throughout the U.S. In its current form, 

the program will receive continued funding in the near-term for 

procurement and fielding of additional CHEMPACKs, replacement of 

expired product, and administrative support. The proposed Enterprise 

CHEMPACK program would build upon the existing system, improving it by 

adding an education, training and exercise component and by optimizing 

the pre-positioning of antidotes. In the near-term, HHS will begin 

performing the operations analysis that is prerequisite to such 

improvements. It is anticipated that acquisition of some next-

generation replacement products and the implementation of changes to 

improve the program could occur in the mid-term, pending availability 

of DSNS funds.



PROJECTED LONG-TERM (BEYOND FY 2013)



Medical Countermeasure Development and Acquisition Programs To Enhance 

Preparedness



Program for Biological Threats



Broad Spectrum Antiviral(s)

    MTD: Ebola Virus, Junin Virus, Marburg Virus, Variola Virus.

    Three families of viruses are represented among the existing MTDs: 

Poxviridae (variola virus), Filoviridae (Ebola and Marburg viruses), 

and Arenaviridae (Junin virus). These different viral families have 

diverse biological and pathological characteristics and cause unique 

diseases in humans. All of these viruses can be disseminated via 

aerosolization, a feature which enhances their potential use as 

bioterrorism agents. There are no approved antiviral drugs available 

for either post-exposure prophylaxis or for



[[Page 20127]]



therapeutic use for any of these viral diseases. Overall, the 

development of broad spectrum medical countermeasures that can address 

several threat agents would maximize the efficiency and flexibility of 

the DSNS, thereby reducing storage and maintenance costs. HHS will 

prioritize research and development funding in this area in the near- 

and mid-terms. Due to its relative immaturity in the development 

pipeline, it is unlikely that a broad spectrum antiviral will be 

acquisition-ready until after FY 2013.



Program for Chemical Threats



Volatile Nerve Agent Single Antidote

    PTA: Volatile Nerve Agents.

    The optimal medical defense against volatile nerve agents would be 

a single, rapidly effective countermeasure that could be used, for 

example, via intranasal or inhaled routes and by untrained persons at 

risk or by first responders dealing with large numbers of exposed 

individuals. HHS will continue research and development funding in this 

area in the near- and mid-terms. Given the current immature status of 

the development pipeline, a single antidote for volatile nerve agents 

would likely not be available for acquisition until the long-term 

timeframe.



Conclusion



    This HHS PHEMCE Implementation Plan identifies top priorities for 

medical countermeasure research, development and acquisition programs 

that HHS has determined, in collaboration with interagency partners, to 

have the greatest potential to improve public health emergency 

preparedness. It is anticipated that this plan will be reviewed at 

least biennially to encompass potential changes in assessments of the 

threat, consequences (particularly with regard to the evolution of 

CONOPs), and maturity of the medical countermeasure development 

pipeline.

    The prioritization of medical countermeasure programs described in 

this HHS PHEMCE Implementation Plan represents the current thinking of 

HHS informed by material threat determinations, population threat 

assessments, or the assessments of medical and public health 

consequences. DHS is conducting an integrated CBRN threat assessment, 

to be completed in June 2008 that will further inform the next version 

of the HHS PHEMCE Implementation Plan. Additionally, future versions 

are anticipated to incorporate more detailed assessments of potential 

multipliers of medical countermeasure requirements, based on the 

potential for enhanced, emerging, or advanced biological agents, 

multiple and simultaneous CBRN events and other factors informed by 

scientific and threat analysis. As State, local, and tribal medical 

countermeasure delivery capabilities and event response planning 

evolve, they will also open new flexibilities with respect to the types 

of medical countermeasures that can be incorporated into Federal 

planning efforts, and will influence HHS assessments of potential 

medical and public health consequences following CBRN events.

    The development and acquisition strategies to most effectively 

improve preparedness resulted from critical evaluation of the status of 

medical countermeasure development pipelines. HHS recognizes that 

developing, acquiring, and utilizing medical countermeasures to prepare 

for and respond to CBRN events requires significant resources and 

unprecedented cooperation among many stakeholders, including Federal 

counterparts outside HHS; private industry (domestic and 

international); State, local and tribal governments; first responders 

and healthcare workers; academia; and the public. HHS will build upon 

its 2006 RFI for medical countermeasures against CBRN threats, 

including the technology readiness levels (TRLs) defined in that RFI, 

to continue to explore new, more efficient ways to reach out to the 

academic and medical countermeasure development communities to ensure 

that future versions of the HHS PHEMCE Implementation Plan are informed 

by the latest breakthroughs in the field.

    In addition, while this HHS PHEMCE Implementation Plan focuses on 

the further enhancement of public health emergency preparedness, HHS is 

simultaneously evaluating the costs and benefits associated with the 

mid- and long-term maintenance of existing and projected stockpiles of 

medical countermeasures. HHS anticipates that such an evaluation will 

be detailed in a future version of the HHS PHEMCE Implementation Plan.

    Finally, Advanced Development activities will depend upon 

congressional approval of the President's FY 2008 budget request and 

will increase the chance of programmatic success. Through the Pandemic 

and All-Hazards Preparedness Act, HHS now has the authority to promote 

innovation, increase the potential for success for both medical 

countermeasure developers and the Government, and invest in medical 

countermeasure advanced development that will carry products across the 

so-called ``Valley of Death'' to meet medical countermeasure 

requirements. It is anticipated that future versions of the HHS PHEMCE 

Implementation Plan will more fully incorporate implementation of these 

authorities and funding levels that may be appropriated in support of 

the robust advanced development programs that are critical to mission 

success.

    The prioritization of medical countermeasures to improve public 

health preparedness reflected in this HHS PHEMCE Implementation Plan 

was an interagency process led by HHS and involving significant 

collaboration with DHS, DOD, VA, and others. The HHS PHEMCE 

Implementation Plan has also benefited tremendously from the 

information provided by Stakeholders, particularly at the BioShield 

Stakeholders Workshop held in September 2006, and from the many formal 

comments received in response to the Federal Register notice of the 

draft HHS PHEMCE Strategy. Notice of the issuance of this HHS PHEMCE 

Implementation Plan will be posted in the Federal Register and HHS 

welcomes comments from stakeholders.

    The HHS PHEMCE Implementation Plan will be a feature of the 

upcoming HHS Public Health Emergency Medical Countermeasures Enterprise 

Stakeholders Workshop to be held in Washington, DC, July 31--August 2, 

2007. HHS is committed to improving transparency and continuing to find 

the most appropriate venues to work with stakeholders who are likewise 

committed to meeting the goals of this critical mission of preparing 

the nation for the adverse health consequences of public health 

emergencies.

    Improving preparedness will be an ongoing process as science 

advances, innovations mature, and the threat scope changes. HHS 

resources beyond the SRF, when it ends in FY 2013, will continue to be 

strategically invested in programs throughout the medical 

countermeasure development and acquisition pipeline to achieve this 

goal. It is anticipated that targets for the timeframe beyond FY 2013 

will be articulated with increasing clarity and granularity with each 

successive revision of the HHS PHEMCE Implementation Plan.

    Finally, to successfully execute the program objectives outlined in 

the HHS PHEMCE Implementation Plan for Chemical, Biological, 

Radiological and Nuclear Threats, ASPR will strengthen and build upon 

its achievements to develop, recruit, and support a world-class 

workforce. To realize this goal, ASPR will intensify its efforts to 

attract



[[Page 20128]]



and expedite hiring of qualified candidates; focus and align training, 

education, and career development; recognize staff accomplishments; and 

foster learning and growth with improved knowledge management.



    Dated: April 17, 2007.

Gerald Parker,

Principal Deputy Assistant Secretary, Office of the Assistant Secretary 

for Preparedness and Response, Department of Health and Human Services.

[FR Doc. 07-1983 Filed 4-18-07; 12:17 pm]



BILLING CODE 4150-37-C