[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1166 Reported in House (RH)]
<DOC>
Union Calendar No. 436
118th CONGRESS
2d Session
H. R. 1166
[Report No. 118-524]
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
May 23, 2024
Additional sponsor: Mr. Hill
May 23, 2024
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on
February 24, 2023]
_______________________________________________________________________
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 Government-wide 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) Public health emergency.--The term `public health
emergency' means a public health emergency determined pursuant
to section 319 of the Public Health Service Act (42 U.S.C.
247d).
``(3) 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.
``(4) 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).
Union Calendar No. 436
118th CONGRESS
2d Session
H. R. 1166
[Report No. 118-524]
_______________________________________________________________________
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.
_______________________________________________________________________
May 23, 2024
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed