Public Health Emergency Medical Supplies Enhancement Act of 2023

Subjects: Government Operations and Politics, Administrative law and regulatory procedures, Congressional oversight, Emergency medical services and trauma care, Health promotion and preventive care, Health technology, devices, supplies, Manufacturing, Military procurement, research, weapons development, Public contracts and procurement, Small business, Strategic materials and reserves

Summary:  <p class="MsoNormal"><b style="">Public Health Emergency Medical Supplies Enhancement Act of 2023</b> </p> <p class="MsoNormal">This bill expands certain authorities under the Defense Production Act of 1950 (DPA) to respond to public health emergencies.</p> <p class="MsoNormal">Specifically, during a public health emergency, any medical equipment or supplies determined by the Department of Health and Human Services or the Department of Homeland Security to be scarce and critical materials essential to the national defense may be deemed as such by the President, and funds available to implement the DPA may be used for the purchase, production, or distribution of such medical equipment or supplies.</p> <p class="MsoNormal">Further, during a public health emergency, the President and federal agencies may take specific actions to support the production of such materials or supplies, including with respect to supply chains, private-sector coordination, needs assessments, and overall strategies.</p> <p class="MsoNormal">The bill provides for enhanced reporting under the DPA during a public health emergency. Additionally, a report required under the DPA for FY2023 and FY2024 shall include the percentage of contracts awarded to small businesses.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1166 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 1166

  To enhance authorities under the Defense Production Act of 1950 to 
    respond to the public health emergencies, to provide additional 
         oversight of such authorities, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 24, 2023

  Mr. Vargas introduced the following bill; which was referred to the 
                    Committee on Financial Services

_______________________________________________________________________

                                 A BILL


 
  To enhance authorities under the Defense Production Act of 1950 to 
    respond to the public health emergencies, to provide additional 
         oversight of such authorities, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Public Health Emergency Medical 
Supplies Enhancement Act of 2023''.

SEC. 2. PUBLIC HEALTH EMERGENCIES.

    (a) Future Preparedness for Health Emergencies.--Section 702(14) of 
the Defense Production Act of 1950 is amended by striking ``and 
critical infrastructure protection and restoration'' and inserting ``, 
critical infrastructure protection and restoration, and public health 
emergency preparedness and response activities''.
    (b) Public Health Emergency.--The Defense Production Act of 1950 
(50 U.S.C. 4501 et seq.) is amended by inserting after section 711 the 
following:

``SEC. 712. PUBLIC HEALTH EMERGENCIES.

    ``(a) Scarce and Critical Materials.--During a public health 
emergency, any medical equipment or supplies determined by the 
Secretary of Health and Human Services or the Secretary of Homeland 
Security to be scarce and critical materials essential to the national 
defense for purposes of section 101 may be deemed by the President to 
be a scarce and critical material essential to the national defense for 
purposes of section 101 and otherwise meet the requirements of section 
101(b), and funds available to implement this Act may be used for the 
purchase, production (including the construction, repair, and 
retrofitting of government-owned facilities as necessary), or 
distribution of such medical equipment or supplies.
    ``(b) Exercise of Title I Authorities in Relation to Contracts by 
State, Local, or Tribal Governments.--In exercising authorities under 
title I during a public health emergency, the President (and any 
officer or employee of the United States to which authorities under 
such title I have been delegated)--
            ``(1) may exercise the prioritization or allocation 
        authority provided in such title I to exclude any materials or 
        supplies described in subsection (a) ordered by a State, local, 
        or Tribal government that are scheduled to be delivered within 
        15 days of the time at which--
                    ``(A) the purchase order or contract by the Federal 
                Government for such materials or supplies is made; or
                    ``(B) the materials or supplies are otherwise 
                allocated by the Federal Government under the 
                authorities contained in this Act; and
            ``(2) shall, within 24 hours of any exercise of the 
        prioritization or allocation authority provided in such title 
        I--
                    ``(A) to the extent practicable notify any State, 
                local, or Tribal government if the President determines 
                that the exercise of such authorities would delay the 
                receipt of such materials or supplies ordered by such 
                government; and
                    ``(B) take such steps as may be necessary, and as 
                authorized by law, to ensure that such materials or 
                supplies ordered by such government are delivered in 
                the shortest possible period, consistent with the 
                purposes of this Act.
    ``(c) Engagement With the Private Sector.--
            ``(1) Outreach representative.--Consistent with the 
        authorities in this title VII, the Administrator of the Federal 
        Emergency Management Agency, in consultation with the Secretary 
        of Health and Human Services, may designate or appoint, 
        pursuant to section 703, an individual to be known as the 
        `Outreach Representative' for any public health emergency. Such 
        individual shall--
                    ``(A) be appointed from among individuals with 
                substantial experience in the production or 
                distribution of medical supplies or equipment; and
                    ``(B) act as the governmentwide single point of 
                contact during the public health emergency for outreach 
                to manufacturing companies and their suppliers who may 
                be interested in producing medical supplies or 
                equipment, including the materials described under 
                subsection (a).
            ``(2) Encouraging partnerships.--During a public health 
        emergency, the Outreach Representative shall seek to develop 
        partnerships between companies, in coordination with any 
        overall coordinator appointed by the President to oversee the 
        response to the public health emergency, including through the 
        exercise of the authorities delegated by the President under 
        section 708.
    ``(d) Enhancement of Supply Chain Production.--In exercising 
authority under title III during a public health emergency with respect 
to materials described in subsection (a), the President shall seek to 
ensure that support is provided to companies that comprise the supply 
chains for reagents, components, raw materials, and other materials and 
items necessary to produce or use the materials described in subsection 
(a), if applicable, to the extent necessary for the national defense 
during the public health emergency.
    ``(e) Enhanced Reporting During a Public Health Emergency.--
            ``(1) In general.--Not later than 90 days after the use of 
        authorities under this Act with respect to a public health 
        emergency, and every 120 days thereafter until the termination 
        of such public health emergency, the President, in consultation 
        with the Administrator of the Federal Emergency Management 
        Agency, the Secretary of Defense, and the Secretary of Health 
        and Human Services, shall submit to the appropriate 
        congressional committees a report on the exercise of 
        authorities under titles I, III, and VII with respect to the 
        public health emergency.
            ``(2) Contents.--Each report required under paragraph (1) 
        shall include the following:
                    ``(A) In general.--With respect to each exercise of 
                such authority--
                            ``(i) an explanation of the purpose of the 
                        applicable contract, purchase order, or other 
                        exercise of authority (including an allocation 
                        of materials, services, and facilities under 
                        section 101(a)(2));
                            ``(ii) the cost of such exercise of 
                        authority; and
                            ``(iii) if applicable--
                                    ``(I) the amount of goods that were 
                                purchased or allocated;
                                    ``(II) an identification of the 
                                entity awarded a contract or purchase 
                                order or that was the subject of the 
                                exercise of authority; and
                                    ``(III) an identification of any 
                                entity that had shipments delayed by 
                                the exercise of any authority under 
                                this Act.
                    ``(B) Consultations.--A description of any 
                consultations conducted with relevant stakeholders on 
                the needs addressed by the exercise of the authorities 
                described in paragraph (1).
            ``(3) Update.--The President shall provide an additional 
        briefing to the appropriate congressional committees on the 
        matters described under paragraph (2) no later than four months 
        after the submission of each report.
    ``(f) Definitions.--In this section:
            ``(1) Appropriate congressional committees.--The term 
        `appropriate congressional committees' means the Committees on 
        Appropriations, Armed Services, Energy and Commerce, Financial 
        Services, and Homeland Security of the House of Representatives 
        and the Committees on Appropriations, Armed Services, Banking, 
        Housing, and Urban Affairs, Health, Education, Labor, and 
        Pensions, Homeland Security and Governmental Affairs, and 
        Veterans' Affairs of the Senate.
            ``(2) Relevant stakeholder.--The term `relevant 
        stakeholder' means--
                    ``(A) representative private sector entities;
                    ``(B) representatives of the nonprofit sector;
                    ``(C) representatives of primary and secondary 
                school systems; and
                    ``(D) representatives of organizations representing 
                workers, including health workers, manufacturers, 
                teachers, other public sector employees, and service 
                sector workers.
            ``(3) State.--The term `State' means each of the several 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, and any territory or possession of the United States.''.
    (c) Update to Federal Regulations.--
            (1) DPAS.--Not later than 30 days after the date of 
        enactment of this Act, the Defense Property Accountability 
        System regulations (15 C.F.R. part 700) shall be revised to 
        reflect the requirements of section 712(b) of the Defense 
        Production Act of 1950.
            (2) FAR.--Not later than 30 days after the revisions 
        required by paragraph (1) are made, the Federal Acquisition 
        Regulation shall be revised to reflect the requirements of 
        section 712(b) of the Defense Production Act of 1950, 
        consistent with the revisions made pursuant to paragraph (1).

SEC. 3. REPORT ON ACTIVITIES INVOLVING SMALL BUSINESS.

    The report required by section 304(f)(3) of the Defense Production 
Act of 1950 (50 U.S.C. 4534(f)(3)) with respect to fiscal years 2023 
and 2024 shall include the percentage of contracts awarded using funds 
to carry out the Defense Production Act of 1950 for each of the fiscal 
years 2023 and 2024, respectively, to small business concerns (as 
defined under section 702 of such Act).
                                 &lt;all&gt;
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