§ 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.
(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).
(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.
(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]; [Pub. L. 118–158, div. C, title I, § 3103(a)], Dec. 21, 2024, [138 Stat. 1763]; [Pub. L. 119–4, div. B, title I, § 2103(a)], Mar. 15, 2025, [139 Stat. 41].)