In the Senate of the United States, 
February 27, 2013. 
Resolved, That the bill from the House of Representa-
tives (H.R. 307) entitled ‘‘An Act to reauthorize certain pro-
grams under the Public Health Service Act and the Federal 
Food, Drug, and Cosmetic Act with respect to public health 
security and all-hazards preparedness and response, and for 
other purposes.’’, do pass with the following 
AMENDMENT: 
Strike out all after the enacting clause and insert: 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Pandemic and All-Hazards Preparedness Reauthorization 
Act of 2013’’. 
(b) TABLE OF CONTENTS.—The table of contents of this 
Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—STRENGTHENING NATIONAL PREPAREDNESS AND 
RESPONSE FOR PUBLIC HEALTH EMERGENCIES 
Sec. 101. National Health Security Strategy. 
Sec. 102. Assistant Secretary for Preparedness and Response. 
Sec. 103. National Advisory Committee on Children and Disasters.
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Sec. 104. Modernization of the National Disaster Medical System. 
Sec. 105. Continuing the role of the Department of Veterans Affairs. 
TITLE II—OPTIMIZING STATE AND LOCAL ALL-HAZARDS 
PREPAREDNESS AND RESPONSE 
Sec. 201. Temporary reassignment of State and local personnel during a public 
health emergency. 
Sec. 202. Improving State and local public health security. 
Sec. 203. Hospital preparedness and medical surge capacity. 
Sec. 204. Enhancing situational awareness and biosurveillance. 
Sec. 205. Eliminating duplicative Project Bioshield reports. 
TITLE III—ENHANCING MEDICAL COUNTERMEASURE REVIEW 
Sec. 301. Special protocol assessment. 
Sec. 302. Authorization for medical products for use in emergencies. 
Sec. 303. Definitions. 
Sec. 304. Enhancing medical countermeasure activities. 
Sec. 305. Regulatory management plans. 
Sec. 306. Report. 
Sec. 307. Pediatric medical countermeasures. 
TITLE IV—ACCELERATING MEDICAL COUNTERMEASURE ADVANCED 
RESEARCH AND DEVELOPMENT 
Sec. 401. BioShield. 
Sec. 402. Biomedical Advanced Research and Development Authority. 
Sec. 403. Strategic National Stockpile. 
Sec. 404. National Biodefense Science Board. 
TITLE I—STRENGTHENING NA-
TIONAL PREPAREDNESS AND 
RESPONSE 
FOR 
PUBLIC 
HEALTH EMERGENCIES 
SEC. 101. NATIONAL HEALTH SECURITY STRATEGY. 
(a) IN GENERAL.—Section 2802 of the Public Health 
Service Act (42 U.S.C. 300hh–1) is amended— 
(1) in subsection (a)(1), by striking ‘‘2009’’ and 
inserting ‘‘2014’’; and 
(2) in subsection (b)— 
(A) in paragraph (1)(A), by inserting ‘‘, in-
cluding drills and exercises to ensure medical
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surge capacity for events without notice’’ after 
‘‘exercises’’; and 
(B) in paragraph (3)— 
(i) in the matter preceding subpara-
graph (A)— 
(I) by striking ‘‘facilities), and 
trauma care’’ and inserting ‘‘and am-
bulatory care facilities and which may 
include dental health facilities), and 
trauma care, critical care,’’; and 
(II) by inserting ‘‘(including re-
lated availability, accessibility, and co-
ordination)’’ after ‘‘public health emer-
gencies’’; 
(ii) in subparagraph (A), by inserting 
‘‘and trauma’’ after ‘‘medical’’; 
(iii) in subparagraph (B), by striking 
‘‘Medical evacuation and fatality manage-
ment’’ and inserting ‘‘Fatality manage-
ment’’; 
(iv) by redesignating subparagraphs 
(C), (D), and (E) as subparagraphs (D), 
(E), and (F), respectively; 
(v) by inserting after subparagraph 
(B), the following the new subparagraph:
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‘‘(C) Coordinated medical triage and evacu-
ation to appropriate medical institutions based 
on patient medical need, taking into account re-
gionalized systems of care.’’; 
(vi) in subparagraph (E), as redesig-
nated by clause (iv), by inserting ‘‘(which 
may include such dental health assets)’’ 
after ‘‘medical assets’’; and 
(vii) by adding at the end the fol-
lowing: 
‘‘(G) Optimizing a coordinated and flexible 
approach to the medical surge capacity of hos-
pitals, other health care facilities, critical care, 
trauma care (which may include trauma cen-
ters), and emergency medical systems.’’; 
(C) in paragraph (4)— 
(i) in subparagraph (A), by inserting 
‘‘, including the unique needs and consider-
ations of individuals with disabilities,’’ 
after ‘‘medical needs of at-risk individuals’’; 
and 
(ii) in subparagraph (B), by inserting 
‘‘the’’ before ‘‘purpose of this section’’; and 
(D) by adding at the end the following: 
‘‘(7) COUNTERMEASURES.—
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‘‘(A) Promoting strategic initiatives to ad-
vance countermeasures to diagnose, mitigate, 
prevent, or treat harm from any biological agent 
or toxin, chemical, radiological, or nuclear agent 
or agents, whether naturally occurring, uninten-
tional, or deliberate. 
‘‘(B) For purposes of this paragraph, the 
term ‘countermeasures’ has the same meaning as 
the terms ‘qualified countermeasures’ under sec-
tion 319F–1, ‘qualified pandemic and epidemic 
products’ under section 319F–3, and ‘security 
countermeasures’ under section 319F–2. 
‘‘(8) MEDICAL AND PUBLIC HEALTH COMMUNITY 
RESILIENCY.—Strengthening the ability of States, 
local communities, and tribal communities to prepare 
for, respond to, and be resilient in the event of public 
health emergencies, whether naturally occurring, un-
intentional, or deliberate by— 
‘‘(A) optimizing alignment and integration 
of medical and public health preparedness and 
response planning and capabilities with and 
into routine daily activities; and 
‘‘(B) promoting familiarity with local med-
ical and public health systems.’’.
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(b) AT-RISK INDIVIDUALS.—Section 2814 of the Public 
Health Service Act (42 U.S.C. 300hh–16) is amended— 
(1) by striking paragraphs (5), (7), and (8); 
(2) 
in 
paragraph 
(4), 
by 
striking 
‘‘2811(b)(3)(B)’’ and inserting ‘‘2802(b)(4)(B)’’; 
(3) by redesignating paragraphs (1) through (4) 
as paragraphs (2) through (5), respectively; 
(4) by inserting before paragraph (2) (as so re-
designated), the following: 
‘‘(1) monitor emerging issues and concerns as 
they relate to medical and public health preparedness 
and response for at-risk individuals in the event of a 
public health emergency declared by the Secretary 
under section 319;’’; 
(5) by amending paragraph (2) (as so redesig-
nated) to read as follows: 
‘‘(2) oversee the implementation of the prepared-
ness goals described in section 2802(b) with respect to 
the public health and medical needs of at-risk indi-
viduals in the event of a public health emergency, as 
described in section 2802(b)(4);’’; and 
(6) by inserting after paragraph (6), the fol-
lowing: 
‘‘(7) disseminate and, as appropriate, update 
novel and best practices of outreach to and care of at-
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risk individuals before, during, and following public 
health emergencies in as timely a manner as is prac-
ticable, including from the time a public health threat 
is identified; and 
‘‘(8) ensure that public health and medical infor-
mation distributed by the Department of Health and 
Human Services during a public health emergency is 
delivered in a manner that takes into account the 
range of communication needs of the intended recipi-
ents, including at-risk individuals.’’. 
SEC. 102. ASSISTANT SECRETARY FOR PREPAREDNESS AND 
RESPONSE. 
(a) IN GENERAL.—Section 2811 of the Public Health 
Service Act (42 U.S.C. 300hh–10) is amended— 
(1) in subsection (b)— 
(A) in paragraph (3), by inserting ‘‘, secu-
rity countermeasures (as defined in section 
319F–2),’’ after ‘‘qualified countermeasures (as 
defined in section 319F–1)’’; 
(B) in paragraph (4), by adding at the end 
the following: 
‘‘(D) POLICY
COORDINATION
AND
STRA-
TEGIC DIRECTION.—Provide integrated policy co-
ordination and strategic direction with respect to 
all matters related to Federal public health and
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medical preparedness and execution and deploy-
ment of the Federal response for public health 
emergencies and incidents covered by the Na-
tional Response Plan developed pursuant to sec-
tion 504(6) of the Homeland Security Act of 
2002, or any successor plan, before, during, and 
following public health emergencies. 
‘‘(E) 
IDENTIFICATION
OF
INEFFICIEN-
CIES.—Identify and minimize gaps, duplication, 
and other inefficiencies in medical and public 
health preparedness and response activities and 
the actions necessary to overcome these obstacles. 
‘‘(F) 
COORDINATION
OF
GRANTS
AND 
AGREEMENTS.—Align and coordinate medical 
and public health grants and cooperative agree-
ments as applicable to preparedness and re-
sponse activities authorized under this Act, to the 
extent possible, including program requirements, 
timelines, and measurable goals, and in con-
sultation with the Secretary of Homeland Secu-
rity, to— 
‘‘(i) optimize and streamline medical 
and public health preparedness and re-
sponse capabilities and the ability of local
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paredness and response activities pursuant to 
this Act and the Federal Food, Drug, and Cos-
metic Act, including progress on the develop-
ment, approval, clearance, and licensure of med-
ical countermeasures.’’; and 
(C) by adding at the end the following: 
‘‘(7) COUNTERMEASURES
BUDGET
PLAN.—De-
velop, and update on an annual basis, a coordinated 
5-year budget plan based on the medical counter-
measure priorities described in subsection (d). Each 
such plan shall— 
‘‘(A) include consideration of the entire 
medical countermeasures enterprise, including— 
‘‘(i) basic research and advanced re-
search and development; 
‘‘(ii) approval, clearance, licensure, 
and authorized uses of products; and 
‘‘(iii) procurement, stockpiling, main-
tenance, and replenishment of all products 
in the Strategic National Stockpile; 
‘‘(B) inform prioritization of resources and 
include measurable outputs and outcomes to 
allow for the tracking of the progress made to-
ward identified priorities;
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‘‘(C) identify medical countermeasure life- 
cycle costs to inform planning, budgeting, and 
anticipated needs within the continuum of the 
medical countermeasure enterprise consistent 
with section 319F–2; and 
‘‘(D) be made available to the appropriate 
committees of Congress upon request.’’; 
(2) by striking subsection (c) and inserting the 
following: 
‘‘(c) FUNCTIONS.—The Assistant Secretary for Pre-
paredness and Response shall— 
‘‘(1) have lead responsibility within the Depart-
ment of Health and Human Services for emergency 
preparedness and response policy coordination and 
strategic direction; 
‘‘(2) have authority over and responsibility for— 
‘‘(A) the National Disaster Medical System 
pursuant to section 2812; 
‘‘(B) the Hospital Preparedness Cooperative 
Agreement Program pursuant to section 319C–2; 
‘‘(C) the Biomedical Advanced Research 
and Development Authority pursuant to section 
319L; 
‘‘(D) the Medical Reserve Corps pursuant to 
section 2813;
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‘‘(E) the Emergency System for Advance 
Registration of Volunteer Health Professionals 
pursuant to section 319I; and 
‘‘(F) administering grants and related au-
thorities related to trauma care under parts A 
through C of title XII, such authority to be 
transferred by the Secretary from the Adminis-
trator of the Health Resources and Services Ad-
ministration to such Assistant Secretary; 
‘‘(3) exercise the responsibilities and authorities 
of the Secretary with respect to the coordination of— 
‘‘(A) the Public Health Emergency Pre-
paredness Cooperative Agreement Program pur-
suant to section 319C–1; 
‘‘(B) the Strategic National Stockpile pur-
suant to section 319F–2; and 
‘‘(C) the Cities Readiness Initiative; and 
‘‘(4) assume other duties as determined appro-
priate by the Secretary.’’; and 
(3) by adding at the end the following: 
‘‘(d) PUBLIC HEALTH EMERGENCY MEDICAL COUN-
TERMEASURES ENTERPRISE STRATEGY AND IMPLEMENTA-
TION PLAN.— 
‘‘(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this subsection, and
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every year thereafter, the Assistant Secretary for Pre-
paredness and Response shall develop and submit to 
the appropriate committees of Congress a coordinated 
strategy and accompanying implementation plan for 
medical countermeasures to address chemical, biologi-
cal, radiological, and nuclear threats. In developing 
such a plan, the Assistant Secretary for Preparedness 
and Response shall consult with the Director of the 
Biomedical Advanced Research and Development Au-
thority, the Director of the National Institutes of 
Health, the Director of the Centers for Disease Control 
and Prevention, and the Commissioner of Food and 
Drugs. Such strategy and plan shall be known as the 
‘Public Health Emergency Medical Countermeasures 
Enterprise Strategy and Implementation Plan’. 
‘‘(2) REQUIREMENTS.—The plan under para-
graph (1) shall— 
‘‘(A) describe the chemical, biological, radio-
logical, and nuclear agent or agents that may 
present a threat to the Nation and the cor-
responding efforts to develop qualified counter-
measures (as defined in section 319F–1), secu-
rity countermeasures (as defined in section 
319F–2), or qualified pandemic or epidemic
† HR 307 EAS 
products (as defined in section 319F–3) for each 
threat; 
‘‘(B) evaluate the progress of all activities 
with respect to such countermeasures or prod-
ucts, including research, advanced research, de-
velopment, procurement, stockpiling, deployment, 
distribution, and utilization; 
‘‘(C) identify and prioritize near-, mid-, 
and long-term needs with respect to such coun-
termeasures or products to address a chemical, 
biological, radiological, and nuclear threat or 
threats; 
‘‘(D) identify, with respect to each category 
of threat, a summary of all awards and con-
tracts, including advanced research and develop-
ment and procurement, that includes— 
‘‘(i) the time elapsed from the issuance 
of the initial solicitation or request for a 
proposal to the adjudication (such as the 
award, denial of award, or solicitation ter-
mination); and 
‘‘(ii) an identification of projected 
timelines, anticipated funding allocations, 
benchmarks, and milestones for each med-
ical countermeasure priority under sub-
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paragraph (C), including projected needs 
with regard to replenishment of the Stra-
tegic National Stockpile; 
‘‘(E) be informed by the recommendations of 
the National Biodefense Science Board pursuant 
to section 319M; 
‘‘(F) evaluate progress made in meeting 
timelines, allocations, benchmarks, and mile-
stones identified under subparagraph (D)(ii); 
‘‘(G) report on the amount of funds avail-
able for procurement in the special reserve fund 
as defined in section 319F–2(h) and the impact 
this funding will have on meeting the require-
ments under section 319F–2; 
‘‘(H) incorporate input from Federal, State, 
local, and tribal stakeholders; 
‘‘(I) identify the progress made in meeting 
the medical countermeasure priorities for at-risk 
individuals (as defined in 2802(b)(4)(B)), as ap-
plicable under subparagraph (C), including with 
regard to the projected needs for related stock-
piling and replenishment of the Strategic Na-
tional Stockpile, including by addressing the 
needs of pediatric populations with respect to
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such countermeasures and products in the Stra-
tegic National Stockpile, including— 
‘‘(i) a list of such countermeasures and 
products necessary to address the needs of 
pediatric populations; 
‘‘(ii) a description of measures taken to 
coordinate with the Office of Pediatric 
Therapeutics of the Food and Drug Admin-
istration to maximize the labeling, dosages, 
and formulations of such countermeasures 
and products for pediatric populations; 
‘‘(iii) a description of existing gaps in 
the Strategic National Stockpile and the de-
velopment of such countermeasures and 
products to address the needs of pediatric 
populations; and 
‘‘(iv) an evaluation of the progress 
made in addressing priorities identified 
pursuant to subparagraph (C); 
‘‘(J) identify the use of authority and ac-
tivities undertaken pursuant to sections 319F– 
1(b)(1), 319F–1(b)(2), 319F–1(b)(3), 319F–1(c), 
319F–1(d), 
319F–1(e), 
319F–2(c)(7)(C)(iii), 
319F–2(c)(7)(C)(iv), and 319F–2(c)(7)(C)(v) of 
this Act, and subsections (a)(1), (b)(1), and (e)
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of section 564 of the Federal Food, Drug, and 
Cosmetic Act, by summarizing— 
‘‘(i) the particular actions that were 
taken under the authorities specified, in-
cluding, as applicable, the identification of 
the threat agent, emergency, or the bio-
medical countermeasure with respect to 
which the authority was used; 
‘‘(ii) the reasons underlying the deci-
sion to use such authorities, including, as 
applicable, the options that were considered 
and rejected with respect to the use of such 
authorities; 
‘‘(iii) the number of, nature of, and 
other information concerning the persons 
and entities that received a grant, coopera-
tive agreement, or contract pursuant to the 
use of such authorities, and the persons and 
entities that were considered and rejected 
for such a grant, cooperative agreement, or 
contract, except that the report need not dis-
close the identity of any such person or en-
tity; 
‘‘(iv) whether, with respect to each pro-
curement that is approved by the President
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under section 319F–2(c)(6), a contract was 
entered into within one year after such ap-
proval by the President; and 
‘‘(v) with respect to section 319F–1(d), 
for the one-year period for which the report 
is submitted, the number of persons who 
were paid amounts totaling $100,000 or 
greater and the number of persons who were 
paid amounts totaling at least $50,000 but 
less than $100,000; and 
‘‘(K) be made publicly available. 
‘‘(3) GAO REPORT.— 
‘‘(A) IN GENERAL.—Not later than 1 year 
after the date of the submission to the Congress 
of the first Public Health Emergency Medical 
Countermeasures Enterprise Strategy and Imple-
mentation Plan, the Comptroller General of the 
United States shall conduct an independent eval-
uation, and submit to the appropriate commit-
tees of Congress a report, concerning such Strat-
egy and Implementation Plan. 
‘‘(B) CONTENT.—The report described in 
subparagraph (A) shall review and assess— 
‘‘(i) the near-term, mid-term, and 
long-term medical countermeasure needs
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and identified priorities of the Federal Gov-
ernment pursuant to paragraph (2)(C); 
‘‘(ii) the activities of the Department of 
Health and Human Services with respect to 
advanced research and development pursu-
ant to section 319L; and 
‘‘(iii) the progress made toward meet-
ing the timelines, allocations, benchmarks, 
and milestones identified in the Public 
Health 
Emergency 
Medical 
Counter-
measures Enterprise Strategy and Imple-
mentation Plan under this subsection. 
‘‘(e) PROTECTION OF NATIONAL SECURITY.—In car-
rying out subsections (b)(7) and (d), the Secretary shall en-
sure that information and items that could compromise na-
tional security, contain confidential commercial informa-
tion, or contain proprietary information are not dis-
closed.’’. 
(b) INTERAGENCY COORDINATION PLAN.—In the first 
Public Health Emergency Countermeasures Enterprise 
Strategy and Implementation Plan submitted under sub-
section (d) of section 2811 of the Public Health Service Act 
(42 U.S.C. 300hh–10) (as added by subsection (a)(3)), the 
Secretary of Health and Human Services, in consultation 
with the Secretary of Defense, shall include a description
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of the manner in which the Department of Health and 
Human Services is coordinating with the Department of 
Defense regarding countermeasure activities to address 
chemical, biological, radiological, and nuclear threats. Such 
report shall include information with respect to— 
(1) the research, advanced research, development, 
procurement, stockpiling, and distribution of counter-
measures to meet identified needs; and 
(2) the coordination of efforts between the De-
partment of Health and Human Services and the De-
partment of Defense to address countermeasure needs 
for various segments of the population. 
SEC. 103. NATIONAL ADVISORY COMMITTEE ON CHILDREN 
AND DISASTERS. 
Subtitle B of title XXVIII of the Public Health Service 
Act (42 U.S.C. 300hh et seq.) is amended by inserting after 
section 2811 the following: 
‘‘SEC. 2811A. NATIONAL ADVISORY COMMITTEE ON CHIL-
DREN AND DISASTERS. 
‘‘(a) ESTABLISHMENT.—The Secretary, in consulta-
tion with the Secretary of Homeland Security, shall estab-
lish an advisory committee to be known as the ‘National 
Advisory Committee on Children and Disasters’ (referred 
to in this section as the ‘Advisory Committee’). 
‘‘(b) DUTIES.—The Advisory Committee shall—
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‘‘(1) provide advice and consultation with re-
spect to the activities carried out pursuant to section 
2814, as applicable and appropriate; 
‘‘(2) evaluate and provide input with respect to 
the medical and public health needs of children as 
they relate to preparation for, response to, and recov-
ery from all-hazards emergencies; and 
‘‘(3) provide advice and consultation with re-
spect to State emergency preparedness and response 
activities and children, including related drills and 
exercises pursuant to the preparedness goals under 
section 2802(b). 
‘‘(c) ADDITIONAL DUTIES.—The Advisory Committee 
may provide advice and recommendations to the Secretary 
with respect to children and the medical and public health 
grants and cooperative agreements as applicable to pre-
paredness and response activities authorized under this title 
and title III. 
‘‘(d) MEMBERSHIP.— 
‘‘(1) IN GENERAL.—The Secretary, in consulta-
tion with such other Secretaries as may be appro-
priate, shall appoint not to exceed 15 members to the 
Advisory Committee. In appointing such members, 
the Secretary shall ensure that the total membership 
of the Advisory Committee is an odd number.
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‘‘(2) REQUIRED MEMBERS.—The Secretary, in 
consultation with such other Secretaries as may be 
appropriate, may appoint to the Advisory Committee 
under paragraph (1) such individuals as may be ap-
propriate to perform the duties described in sub-
sections (b) and (c), which may include— 
‘‘(A) the Assistant Secretary for Prepared-
ness and Response; 
‘‘(B) the Director of the Biomedical Ad-
vanced Research and Development Authority; 
‘‘(C) the Director of the Centers for Disease 
Control and Prevention; 
‘‘(D) the Commissioner of Food and Drugs; 
‘‘(E) the Director of the National Institutes 
of Health; 
‘‘(F) the Assistant Secretary of the Admin-
istration for Children and Families; 
‘‘(G) the Administrator of the Federal 
Emergency Management Agency; 
‘‘(H) at least two non-Federal health care 
professionals with expertise in pediatric medical 
disaster planning, preparedness, response, or re-
covery; 
‘‘(I) at least two representatives from State, 
local, territorial, or tribal agencies with expertise
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in pediatric disaster planning, preparedness, re-
sponse, or recovery; and 
‘‘(J) representatives from such Federal 
agencies (such as the Department of Education 
and the Department of Homeland Security) as 
determined necessary to fulfill the duties of the 
Advisory Committee, as established under sub-
sections (b) and (c). 
‘‘(e) MEETINGS.—The Advisory Committee shall meet 
not less than biannually. 
‘‘(f) SUNSET.—The Advisory Committee shall termi-
nate on September 30, 2018.’’. 
SEC. 104. MODERNIZATION OF THE NATIONAL DISASTER 
MEDICAL SYSTEM. 
Section 2812 of the Public Health Service Act (42 
U.S.C. 300hh–11) is amended— 
(1) in subsection (a)(3)— 
(A) in subparagraph (A), in clause (i) by 
inserting ‘‘, including at-risk individuals as ap-
plicable’’ after ‘‘victims of a public health emer-
gency’’; 
(B) by redesignating subparagraph (C) as 
subparagraph (E); and 
(C) by inserting after subparagraph (B), 
the following:
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‘‘(C) CONSIDERATIONS FOR AT-RISK POPU-
LATIONS.—The Secretary shall take steps to en-
sure that an appropriate specialized and focused 
range of public health and medical capabilities 
are represented in the National Disaster Medical 
System, which take into account the needs of at- 
risk individuals, in the event of a public health 
emergency.’’. 
‘‘(D) 
ADMINISTRATION.—The 
Secretary 
may determine and pay claims for reimburse-
ment for services under subparagraph (A) di-
rectly or through contracts that provide for pay-
ment in advance or by way of reimbursement.’’; 
and 
(2) in subsection (g), by striking ‘‘such sums as 
may be necessary for each of the fiscal years 2007 
through 2011’’ and inserting ‘‘$52,700,000 for each of 
fiscal years 2014 through 2018’’. 
SEC. 105. CONTINUING THE ROLE OF THE DEPARTMENT OF 
VETERANS AFFAIRS. 
Section 8117(g) of title 38, United States Code, is 
amended by striking ‘‘such sums as may be necessary to 
carry out this section for each of fiscal years 2007 through 
2011’’ and inserting ‘‘$155,300,000 for each of fiscal years 
2014 through 2018 to carry out this section’’.
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TITLE 
II—OPTIMIZING 
STATE 
AND 
LOCAL 
ALL-HAZARDS 
PREPAREDNESS 
AND 
RE-
SPONSE 
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 fol-
lowing: 
‘‘(e) TEMPORARY
REASSIGNMENT
OF
STATE
AND 
LOCAL PERSONNEL DURING A PUBLIC HEALTH EMER-
GENCY.— 
‘‘(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 organi-
zation or such Governor or tribal organization’s des-
ignee, 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 author-
ized under this Act, as appropriate.
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‘‘(2) ACTIVATION
OF
EMERGENCY
REASSIGN-
MENT.— 
‘‘(A) PUBLIC
HEALTH
EMERGENCY.—The 
Secretary may authorize a temporary reassign-
ment of personnel under paragraph (1) only dur-
ing the period of a public health emergency de-
termined pursuant to subsection (a). 
‘‘(B) CONTENTS OF REQUEST.—To seek au-
thority for a temporary reassignment of per-
sonnel under paragraph (1), the Governor of a 
State or a tribal organization shall submit to the 
Secretary a request for such reassignment flexi-
bility 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 re-
quested temporary reassignment of State
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and local personnel described in paragraph 
(1). 
‘‘(iii) An assurance that the requested 
temporary reassignment of personnel is con-
sistent 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 as-
surances upon which the Secretary and 
Governor of a State or tribal organization 
agree. 
‘‘(C) CONSIDERATION.—In reviewing a re-
quest for temporary reassignment under para-
graph (1), the Secretary shall consider the degree 
to which the program or programs funded in 
whole or in part by programs authorized under
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(2) in subsection (b)(1)(A)(ii), by striking ‘‘cen-
ters, primary’’ and inserting ‘‘centers, community 
health centers, primary’’; 
(3) by striking subsection (c) and inserting the 
following: 
‘‘(c) USE OF FUNDS.—An award under subsection (a) 
shall be expended for activities to achieve the preparedness 
goals described under paragraphs (1), (3), (4), (5), and (6) 
of section 2802(b) with respect to all-hazards, including 
chemical, biological, radiological, or nuclear threats.’’; 
(4) by striking subsection (g) and inserting the 
following: 
‘‘(g) COORDINATION.— 
‘‘(1) LOCAL RESPONSE CAPABILITIES.—An eligi-
ble entity shall, to the extent practicable, ensure that 
activities carried out under an award under sub-
section (a) are coordinated with activities of relevant 
local Metropolitan Medical Response Systems, local 
Medical Reserve Corps, the local Cities Readiness Ini-
tiative, and local emergency plans. 
‘‘(2) NATIONAL
COLLABORATION.—Partnerships 
consisting of one or more eligible entities under this 
section may, to the extent practicable, collaborate 
with other partnerships consisting of one or more eli-
gible entities under this section for purposes of na-
† HR 307 EAS 
‘‘(A) PLANS
FOR
SECURITY
COUNTER-
MEASURES.—The Secretary shall establish regu-
latory management plans for all security coun-
termeasures for which a request is submitted 
under paragraph (3)(A). 
‘‘(B) PLANS FOR OTHER ELIGIBLE COUN-
TERMEASURES.—The Secretary shall determine 
whether resources are available to establish regu-
latory management plans for eligible counter-
measures that are not security countermeasures. 
If resources are available to establish regulatory 
management plans for eligible countermeasures 
that are not security countermeasures, and if re-
sources are not available to establish regulatory 
management plans for all eligible counter-
measures for which requests have been submitted, 
the Director of the Biomedical Advanced Re-
search and Development Authority, in consulta-
tion with the Commissioner, shall prioritize 
which eligible countermeasures may receive regu-
latory management plans.’’. 
SEC. 306. REPORT. 
Section 565 of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 360bbb–4), as amended by section 305, is 
further amended by adding at the end the following: