Sec. 2223. Improving public health emergency response capacity
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/bill/117/hr/2617/unknown/section-2223A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) is amended by adding at the end the following: 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, United States Code, appoint individuals directly to positions in the Department of Health and Human Services for which the Secretary has provided public notice in order to— address a critical hiring need directly related to responding to a public health emergency declared by the Secretary under this section; or 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. 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— 400 individuals under paragraph (1)(A); and 100 individuals under paragraph (1)(B). 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, United States Code. The Secretary shall establish and maintain records regarding the use of the authority under this subsection, including— the number of positions filled through such authority; the types of appointments of such positions; the titles, occupational series, and grades of such positions; the number of positions publicly noticed to be filled under such authority; the number of qualified applicants who apply for such positions; the qualification criteria for such positions; and the demographic information of individuals appointed to such positions. 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— information on each such appointment within such fiscal year; a description of how each such position relates to the requirements of subparagraph
(A)or
(B)of paragraph (1); and 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. 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). The authority under this subsection shall expire on September 30, 2028. . Not later than 1 year after the issuance of the initial report under subsection (g)(6) of section 319 of the Public Health Service Act ( 42 U.S.C. 247d ), as added by subsection (a), and again 180 days after the date on which the authority provided under section 319(g) of such Act expires pursuant to paragraph
(7)of such section, the Comptroller General of the United States 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 on the use of the authority provided under such section. Such report shall, in a manner that protects personal privacy, at a minimum, include information on— the number of positions publicly noticed and filled under the authority of each of subparagraphs
(A)and
(B)of such section 319(g)(1); the occupational series, grades, and types of appointments of such positions; how such positions related to addressing a need or shortage described in subparagraph
(A)or
(B)of such section; how the Secretary of Health and Human Services made appointment decisions under each of subparagraphs
(A)and
(B)of such section; sources used to identify candidates for filling such positions; the number of individuals appointed under each such subparagraph; aggregated demographic information related to individuals appointed under each such subparagraph; and any challenges, limitations, or gaps related to the use of the authority under each such subparagraph and any related recommendations to address such challenges, limitations, or gaps.
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Sec. 2223
Improving public health emergency response capacity
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