Sec. 201. Temporary redeployment of federally funded personnel during a public health emergency
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Section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) is amended by adding at the end the following: Notwithstanding any other provision of law, and subject to paragraph (2), upon request by the Governor of a State or the chief of a tribe or such Governor or chief’s designee, the Secretary may authorize the requesting State or tribe to temporarily redeploy, for purposes of immediately addressing a public health emergency in the State or tribe, non-Federal personnel funded in whole or in part through, as appropriate, programs under this Act. The Secretary may authorize a temporary redeployment of personnel under paragraph
(1)only during the period of a public health emergency determined pursuant to subsection (a). To seek authority for a temporary redeployment of personnel under paragraph (1), the Governor of a State or the chief of a tribe shall submit to the Secretary a request for such authority 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 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 redeployment of personnel. An assurance that the requested temporary redeployment of personnel is consistent with any applicable All-Hazards Public Health Emergency Preparedness and Response Plan under section 319C–1. An identification of— each Federal program from which personnel would be temporarily redeployed pursuant to the requested authority; and the number of personnel who would be so redeployed from each such program. Such other information and assurances as the Secretary may require. In reviewing a request for temporary redeployment under paragraph
(1)of personnel funded through a Federal program, the Secretary shall consider the degree to which the program would be adversely affected by the redeployment. A State or tribe’s authority for a temporary redeployment 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 tribe’s request for such authority. The Secretary may extend the authority to authorize a temporary redeployment 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 tribe that submitted the initial request for authority for a temporary redeployment of personnel submits a request for an extension of such authority; and the request for an extension contains the same type of information and assurances necessary for the approval of an initial request for such authority. The Secretary shall ensure that, if a State or tribe receives Federal funds for personnel who are subject to the Secretary’s redeployment authority under this subsection, the State or tribe gives notice to such personnel of the possibility of redeployment— at the time of hiring; or in the case of personnel hired before the date of the enactment of this subsection, as soon as practicable. The Secretary shall give notice to the Congress in conjunction with the approval under this subsection of— any initial request for authority for a temporary redeployment of personnel; and any request for an extension of such authority. The Secretary shall— not later than 6 months after the enactment of this subsection, issue proposed guidance on the temporary redeployment of personnel under this subsection; and after providing notice and a 60-day period for public comment, finalize such guidance. Not later than 4 years after the date of enactment of the Pandemic and All-Hazards Preparedness Reauthorization Act of 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 the Secretary’s authority under this subsection, including— a description of how, and under what circumstances, such authority has been used by States and tribes; an analysis of how such authority has assisted States and tribes in responding to public health emergencies; an evaluation of how such authority 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 redeployed pursuant to such authority have been adversely affected by the redeployment; and recommendations on how such authority could be improved to further assist in responding to public health emergencies. In this subsection, the term State includes, in addition to the entities listed in the definition of such term in section 2, the Freely Associated States. The authority under this subsection shall terminate on the date that is 5 years after the date of enactment of the Pandemic and All-Hazards Preparedness Reauthorization Act of 2013 . .
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Sec. 201
Temporary redeployment of federally funded personnel during a public health emergency
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