Public health emergencies
Emergencies
If the Secretary determines, after consultation with such public health officials as may be necessary, that—
a disease or disorder presents a public health emergency; or
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.
Public Health Emergency Fund
In general
Uses
The Secretary may use amounts in the Fund established under paragraph (1), to—
facilitate coordination between and among Federal, State, local, Tribal, and territorial entities and public and private health care entities that the Secretary determines may be affected by a public health emergency or potential public health emergency referred to in paragraph (1) (including communication of such entities with relevant international entities, as applicable);
make grants, provide for awards, enter into contracts, and conduct supportive investigations pertaining to a public health emergency or potential public health emergency, including further supporting programs under section 247d–3a, 247d–3b, or 247d–3c of this title;
facilitate and accelerate, as applicable, advanced research and development of security countermeasures (as defined in section 247d–6b of this title), qualified countermeasures (as defined in section 247d–6a of this title), or qualified pandemic or epidemic products (as defined in section 247d–6d of this title), that are applicable to the public health emergency or potential public health emergency under paragraph (1);
strengthen biosurveillance capabilities and laboratory capacity to identify, collect, and analyze information regarding such public health emergency or potential public health emergency, including the systems under section 247d–4 of this title;
support initial emergency operations and assets related to preparation and deployment of intermittent disaster response personnel under section 300hh–11 of this title and the Medical Reserve Corps under section 300hh–15 of this title; and
carry out other activities, as the Secretary determines applicable and appropriate.
Report
Not later than 90 days after the end of each fiscal year, the Secretary shall prepare and submit to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Commerce and the Committee on Appropriations of the House of Representatives a report describing—
the expenditures made from the Public Health Emergency Fund in such fiscal year; and
each public health emergency for which the expenditures were made and the activities undertaken with respect to each emergency which was conducted or supported by expenditures from the Fund.
Review
GAO report
Not later than 4 years after
conduct a review of the Fund under this section, including its uses and the resources available in the Fund; and
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 on such review, including recommendations related to such review, as applicable.
Supplement not supplant
Data submittal and reporting deadlines
Temporary reassignment of State and local personnel during a public health emergency
Emergency reassignment of federally funded personnel
Activation of emergency reassignment
Public health emergency
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:
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.
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).
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.
An identification of—
each Federal program from which personnel would be temporarily reassigned pursuant to the requested authority; and
the number of personnel who would be so reassigned from each such program.
Such other information and assurances upon which the Secretary and Governor of a State or tribal organization agree.
Consideration
Termination and extension
Termination
A State or Indian tribe’s temporary reassignment of personnel under paragraph (1) shall terminate upon the earlier of the following:
The Secretary’s determination that the public health emergency no longer exists.
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.
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—
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
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).
Voluntary nature of temporary reassignment of State and local personnel
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—
shall have the opportunity to volunteer for temporary reassignment; and
shall not be required to agree to a temporary reassignment.
Prohibition on conditioning Federal awards
Notice to Congress
The Secretary shall give notice to the Congress in conjunction with the approval under this subsection of—
any initial request for temporary reassignment of personnel; and
any request for an extension of such temporary reassignment.
Guidance
The Secretary shall—
not later than 6 months after
after providing notice and a 60-day period for public comment, finalize such guidance.
Report to Congress
Not later than 4 years after
a description of how, and under what circumstances, such temporary reassignment has been used by States and Indian tribes;
an analysis of how such temporary reassignment has assisted States and Indian tribes in responding to public health emergencies;
an evaluation of how such temporary reassignment has improved operational efficiencies in responding to public health emergencies;
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
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.
Definitions
In this subsection—
the terms “Indian tribe” and “tribal organization” have the meanings given such terms in section 5304 of title 25; and
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.
Sunset
Determination with respect to Paperwork Reduction Act waiver during a public health emergency
Determination
If the Secretary determines, after consultation with such public health officials as may be necessary, that—
the criteria set forth for a public health emergency under paragraph (1) or (2) of subsection (a) has been met; or
a disease or disorder, including a novel and emerging public health threat, is significantly likely to become a public health emergency; and
the circumstances of such public health emergency, or potential for such significantly likely public health emergency, including the specific preparation for and response to such public health emergency or threat, necessitate a waiver from the requirements of subchapter I of chapter 35 of title 44 (commonly referred to as the Paperwork Reduction Act),
then the requirements of such subchapter I with respect to voluntary collection of information shall not be applicable during the immediate investigation of, and response to, such public health emergency during the period of such public health emergency or the period of time necessary to determine if a disease or disorder, including a novel and emerging public health threat, will become a public health emergency as provided for in this paragraph. The requirements of such subchapter I with respect to voluntary collection of information shall not be applicable during the immediate postresponse review regarding such public health emergency if such immediate postresponse review does not exceed a reasonable length of time.