Sec. 201. TEMPORARY REASSIGNMENT OF STATE AND LOCAL PERSONNEL DURING A PUBLIC HEALTH EMERGENCY
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## SEC. 201 TEMPORARY REASSIGNMENT OF STATE AND LOCAL PERSONNEL DURING A PUBLIC HEALTH EMERGENCY Section 319 of the Public Health Service Act (42 U.S.C. 247d) is amended by adding at the end the following: > > ### “(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 Act, 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 319C-1. > > > ###### “(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. > > > ##### “(C) Consideration > > In reviewing a request for temporary reassignment under paragraph (1), the Secretary shall consider the degree to which the program or programs funded in whole or in part by programs authorized under this Act would be adversely affected by the reassignment. > > > ##### “(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 Act 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 the enactment of this subsection, 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 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 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 4 of the Indian Self-Determination and Education Assistance Act; and > > > ##### “(B) > > the term ‘State’ includes, in addition to the entities listed in the definition of such term in section 2, the Freely Associated States. > > > #### “(8) Sunset > > This subsection shall terminate on September 30, 2018.” > .
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Sec. 201
TEMPORARY REASSIGNMENT OF STATE AND LOCAL PERSONNEL DURING A PUBLIC HEALTH EMERGENCY
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