118th CONGRESS 1st Session |
To amend the Public Health Service Act with respect to the Public Health Emergency Medical Countermeasures Enterprise, and for other purposes.
June 30, 2023
Mr. Hudson introduced the following bill; which was referred to the Committee on Energy and Commerce
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,
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.”.