[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4419 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 4419

   To amend the Public Health Service Act with respect to the Public 
  Health Emergency Medical Countermeasures Enterprise, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 30, 2023

  Mr. Hudson introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
   To amend the Public Health Service Act with respect to the Public 
  Health Emergency Medical Countermeasures Enterprise, 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 ``PHEMCE Advisory Committee Act of 
2023''.

SEC. 2. PUBLIC HEALTH EMERGENCY MEDICAL COUNTERMEASURES ENTERPRISE.

    (a) Members.--Section 2811-1(b) of the Public Health Service Act 
(42 U.S.C. 30hh-10a(b)) is amended by striking paragraph (11) and 
inserting the following:
            ``(11) The Director of the Biomedical Advanced Research and 
        Development Authority.
            ``(12) The Director of the Strategic National Stockpile.
            ``(13) Representatives of any other Federal agency, which 
        may include the Director of the National Institute of Allergy 
        and Infectious Diseases and the Director of the Office of 
        Public Health Preparedness and Response, as the Secretary 
        determines appropriate.''.
    (b) Functions.--Section 2811-1(c)(2) of the Public Health Service 
Act (42 U.S.C. 30hh-10a(c)(2)) is amended to read as follows:
            ``(2) Input.--In carrying out this section, the PHEMCE 
        shall solicit and consider input from--
                    ``(A) the PHEMCE Advisory Committee maintained 
                under subsection (d), as appropriate; and
                    ``(B) State, local, Tribal, and territorial public 
                health departments or officials, as appropriate.''.
    (c) Advisory Committee.--Section 2811-1 of the Public Health 
Service Act (42 U.S.C. 30hh-10a) is amended by adding at the end the 
following:
    ``(d) PHEMCE Advisory Committee.--
            ``(1) Establishment.--The Secretary shall--
                    ``(A) establish and maintain an advisory committee 
                to be known as the PHEMCE Advisory Committee (in this 
                subsection referred to as the `Advisory Committee') to 
                seek input and ensure communication and transparency in 
                the functions of the PHEMCE; and
                    ``(B) seek input from and consult with external 
                partners with divergent threat portfolios, including 
                chemical, biological, radiological, or nuclear agents 
                and emerging infectious diseases, to ensure the right 
                combination of threat-specific expertise on PHEMCE 
                functions under subsection (c)(1) and to ensure 
                appropriate capability and capacity to maintain overall 
                readiness.
            ``(2) Duties.--The Advisory Committee shall--
                    ``(A) provide advice to the PHEMCE in carrying out 
                its functions;
                    ``(B) solicit and incorporate the input of the 
                private sector, non-Federal partners, and stakeholders 
                to increase communication and transparency, identify 
                gaps of preparedness, and coordinate improvements in 
                PHEMCE decision-making;
                    ``(C) aid in the PHEMCE's strategic planning and 
                decision-making regarding medical countermeasure 
                research, advanced research, development, procurement, 
                stockpiling, replenishment, deployment, and 
                distribution;
                    ``(D) aid in interactions among the PHEMCE's 
                members listed in subsection (b) and other government 
                entities; and
                    ``(E) aid in the PHEMCE's communication of 
                decisions related to the PHEMCE's functions.
            ``(3) Membership.--The Secretary, in consultation with the 
        members of the PHEMCE listed in subsection (b), shall appoint 
        to the Advisory Committee at least 9, and not more than 11, 
        individuals, including--
                    ``(A) at least 3 non-Federal professionals with 
                expertise in medical countermeasure development, 
                including medical countermeasures for chemical, 
                biological, radiological, or nuclear agents and 
                emerging infectious diseases;
                    ``(B) at least 2 non-Federal professionals with 
                expertise in medical countermeasure stockpiling and 
                replenishment;
                    ``(C) at least 2 non-Federal professionals with 
                expertise in the medical countermeasure supply chain, 
                including medical countermeasure manufacturing and 
                distribution;
                    ``(D) at least 2 non-Federal professionals with 
                expertise in medical disaster planning, preparedness, 
                response, or recovery;
                    ``(E) 1 non-Federal professional appointed by the 
                Speaker of the House of Representatives;
                    ``(F) 1 non-Federal professional appointed by the 
                minority leader of the House of Representatives;
                    ``(G) 1 non-Federal professional appointed by the 
                majority leader of the Senate; and
                    ``(H) 1 non-Federal professional appointed by the 
                minority leader of the Senate.
            ``(4) Term of appointment.--Each member of the Advisory 
        Committee shall be appointed for a term of 2 years and may be 
        reappointed for two additional terms of 2 years, for a total of 
        not more than 6 years. The first and second such terms may be 
        consecutive. The third such term may not be consecutive.
            ``(5) Meetings.--The Advisory Committee shall--
                    ``(A) meet not less than 4 times in each calendar 
                year that begins after the establishment of the 
                Advisory Committee;
                    ``(B) hold all meetings in-person;
                    ``(C) for purposes of ensuring transparency, 
                provide adequate advance notice of the date of each 
                meeting, including by publicly posting the meeting date 
                30 days before the date on which the meeting is to be 
                held;
                    ``(D) not later than 60 days after each meeting, 
                communicate the activities carried out and decisions 
                made during, and minutes of, such meeting to the 
                appropriate congressional committees; and
                    ``(E) not later than 30 days after each meeting, 
                communicate the activities carried out and decisions 
                made during, and minutes of, such meeting to the 
                PHEMCE.''.
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