§ 247d.
(a)
Emergencies
If the Secretary determines, after consultation with such public health officials as may be necessary, that—
(1)
a disease or disorder presents a public health emergency; or
(2)
a public health emergency, including significant outbreaks of infectious diseases or bioterrorist attacks, otherwise exists,
the Secretary may take such action as may be appropriate to respond to the public health emergency, including making grants, providing awards for expenses, and entering into contracts and conducting and supporting investigations into the cause, treatment, or prevention of a disease or disorder as described in paragraphs (1) and (2). 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.
(e)
Temporary reassignment of State and local personnel during a public health emergency
(1)
Emergency reassignment of federally funded personnel
Notwithstanding any other provision of law, and subject to paragraph (2), upon request by the Governor of a State or a tribal organization or such Governor or tribal organization’s designee, the Secretary may authorize the requesting State or Indian tribe to temporarily reassign, for purposes of immediately addressing a public health emergency in the State or Indian tribe, State and local public health department or agency personnel funded in whole or in part through programs authorized under this chapter, as appropriate.
(2)
Activation of emergency reassignment
(A)
Public health emergency
The Secretary may authorize a temporary reassignment of personnel under paragraph (1) only during the period of a public health emergency determined pursuant to subsection (a).
(B)
Contents of request
To seek authority for a temporary reassignment of personnel under paragraph (1), the Governor of a State or a tribal organization shall submit to the Secretary a request for such reassignment flexibility and shall include in the request each of the following:
(i)
An assurance that the public health emergency in the geographic area of the requesting State or Indian tribe cannot be adequately and appropriately addressed by the public health workforce otherwise available.
(ii)
An assurance that the public health emergency would be addressed more efficiently and effectively through the requested temporary reassignment of State and local personnel described in paragraph (1).
(iii)
An assurance that the requested temporary reassignment of personnel is consistent with any applicable All-Hazards Public Health Emergency Preparedness and Response Plan under
section 247d–3a of this title.
(iv)
An identification of—
(I)
each Federal program from which personnel would be temporarily reassigned pursuant to the requested authority; and
(II)
the number of personnel who would be so reassigned from each such program.
(v)
Such other information and assurances upon which the Secretary and Governor of a State or tribal organization agree.
(D)
Termination and extension
(i)
Termination
A State or Indian tribe’s temporary reassignment of personnel under paragraph (1) shall terminate upon the earlier of the following:
(I)
The Secretary’s determination that the public health emergency no longer exists.
(II)
Subject to clause (ii), the expiration of the 30-day period following the date on which the Secretary approved the State or Indian tribe’s request for such reassignment flexibility.
(ii)
Extension of reassignment flexibility
The Secretary may extend reassignment flexibility of personnel under paragraph (1) beyond the date otherwise applicable under clause (i)(II) if the public health emergency still exists as of such date, but only if—
(I)
the State or Indian tribe that submitted the initial request for a temporary reassignment of personnel submits a request for an extension of such temporary reassignment; and
(II)
the request for an extension contains the same information and assurances necessary for the approval of an initial request for such temporary reassignment pursuant to subparagraph (B).
(3)
Voluntary nature of temporary reassignment of State and local personnel
(A)
In general
Unless otherwise provided under the law or regulation of the State or Indian tribe that receives authorization for temporary reassignment of personnel under paragraph (1), personnel eligible for reassignment pursuant to such authorization—
(i)
shall have the opportunity to volunteer for temporary reassignment; and
(ii)
shall not be required to agree to a temporary reassignment.
(B)
Prohibition on conditioning Federal awards
The Secretary may not condition the award of a grant, contract, or cooperative agreement under this chapter on the requirement that a State or Indian tribe require that personnel eligible for reassignment pursuant to an authorization under paragraph (1) agree to such reassignment.
(4)
Notice to Congress
The Secretary shall give notice to the Congress in conjunction with the approval under this subsection of—
(A)
any initial request for temporary reassignment of personnel; and
(B)
any request for an extension of such temporary reassignment.
(5)
Guidance
The Secretary shall—
(A)
not later than 6 months after March 13, 2013, issue proposed guidance on the temporary reassignment of personnel under this subsection; and
(B)
after providing notice and a 60-day period for public comment, finalize such guidance.
(6)
Report to Congress
Not later than 4 years after March 13, 2013, the Comptroller General of the United States shall conduct an independent evaluation, and submit to the appropriate committees of the Congress a report, on temporary reassignment under this subsection, including—
(A)
a description of how, and under what circumstances, such temporary reassignment has been used by States and Indian tribes;
(B)
an analysis of how such temporary reassignment has assisted States and Indian tribes in responding to public health emergencies;
(C)
an evaluation of how such temporary reassignment has improved operational efficiencies in responding to public health emergencies;
(D)
an analysis of the extent to which, if any, Federal programs from which personnel have been temporarily reassigned have been adversely affected by the reassignment; and
(E)
recommendations on how medical surge capacity could be improved in responding to public health emergencies and the impact of the reassignment flexibility under this section on such surge capacity.
(7)
Definitions
In this subsection—
(A)
the terms “Indian tribe” and “tribal organization” have the meanings given such terms in
section 5304 of title 25; and
(B)
the term “State” includes, in addition to the entities listed in the definition of such term in
section 201 of this title, the Freely Associated States.
(8)
Sunset
This subsection shall terminate on December 31, 2024.
(g)
Certain appointments to support public health emergency responses
(1)
In general
In order to support the initial response to a public health emergency declared by the Secretary under this section, the Secretary may, subject to paragraph (2) and without regard to sections 3309 through 3318 of title 5, appoint individuals directly to positions in the Department of Health and Human Services for which the Secretary has provided public notice in order to—
(A)
address a critical hiring need directly related to responding to a public health emergency declared by the Secretary under this section; or
(B)
address a severe shortage of candidates that impacts the operational capacity of the Department of Health and Human Services to respond in the event of a public health emergency declared by the Secretary under this section.
(2)
Number of appointments
Each fiscal year in which the Secretary makes a determination of a public health emergency under subsection (a) (not including a renewal), the Secretary may directly appoint not more than—
(A)
400 individuals under paragraph (1)(A); and
(B)
100 individuals under paragraph (1)(B).
(3)
Compensation
The annual rate of basic pay of an individual appointed under this subsection shall be determined in accordance with chapter 51 and subchapter III of chapter 53 of title 5.
(4)
Reporting
The Secretary shall establish and maintain records regarding the use of the authority under this subsection, including—
(A)
the number of positions filled through such authority;
(B)
the types of appointments of such positions;
(C)
the titles, occupational series, and grades of such positions;
(D)
the number of positions publicly noticed to be filled under such authority;
(E)
the number of qualified applicants who apply for such positions;
(F)
the qualification criteria for such positions; and
(G)
the demographic information of individuals appointed to such positions.
(5)
Notification to Congress
In the event the Secretary, within a single fiscal year, directly appoints more than 50 percent of the individuals allowable under either subparagraph (A) or (B) of paragraph (2), the Secretary shall, not later than 15 days after the date of such action, notify the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives. Such notification shall, in a manner that protects personal privacy, to the extent required by applicable Federal and State privacy law, at a minimum, include—
(A)
information on each such appointment within such fiscal year;
(B)
a description of how each such position relates to the requirements of subparagraph (A) or (B) of paragraph (1); and
(C)
the additional number of personnel, if any, the Secretary anticipates to be necessary to adequately support a response to a public health emergency declared under this section using the authorities described in paragraph (1) within such fiscal year.
(6)
Reports to Congress
Not later than September 30, 2023, and annually thereafter for each fiscal year in which the authority under this subsection is used, 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 describing the total number of appointments filled under this subsection within the fiscal year and a description of how the positions relate to the requirements of subparagraph (A) or (B) of paragraph (1).
(7)
Sunset
The authority under this subsection shall expire on September 30, 2028.
(h)
Stockpile depletion reporting
The Secretary shall, not later than 30 days after the deployment of contents of the Strategic National Stockpile under
section 247d–6b(a) of this title to respond to a public health emergency declared by the Secretary under this section or an emergency or major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act [
42 U.S.C. 5121 et seq.], and every 30 days thereafter until the expiration or termination of such public health emergency, emergency, or major disaster, submit a report to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives on—
(1)
the deployment of the contents of the stockpile in response to State, local, and Tribal requests;
(2)
the amount of such products that remain within the stockpile following such deployment; and
(3)
plans to replenish such products, as appropriate, including related timeframes and any barriers or limitations to replenishment.
([July 1, 1944, ch. 373], title III, § 319, as added [Pub. L. 106–505, title I, § 102], Nov. 13, 2000, [114 Stat. 2315]; amended [Pub. L. 107–188, title I], §§ 141, 144(a), 158, June 12, 2002, [116 Stat. 626], 630, 633; [Pub. L. 113–5, title II, § 201], Mar. 13, 2013, [127 Stat. 170]; [Pub. L. 114–255, div. A, title III, § 3087], Dec. 13, 2016, [130 Stat. 1147]; [Pub. L. 116–22, title II, § 206], title VII, § 701(c), June 24, 2019, [133 Stat. 925], 961; [Pub. L. 117–328, div. FF, title II], §§ 2103(a), 2223(a), 2407, Dec. 29, 2022, [136 Stat. 5711], 5747, 5788; [Pub. L. 118–15, div. B, title III, § 2332], Sept. 30, 2023, [137 Stat. 96]; [Pub. L. 118–22, div. B, title II, § 203(a)], Nov. 17, 2023, [137 Stat. 120]; [Pub. L. 118–35, div. B, title I, § 103(a)], Jan. 19, 2024, [138 Stat. 5]; [Pub. L. 118–42, div. G, title I, § 103(a)], Mar. 9, 2024, [138 Stat. 398].)