Overview
Title
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.
ELI5 AI
H.R. 1166 is like a rulebook update that helps the government quickly make important medical supplies when people get sick a lot. It also makes sure that companies tell the government what they're doing to help and asks for updates to make things fair for everyone.
Summary AI
H.R. 1166 aims to strengthen the powers under the Defense Production Act of 1950, particularly in dealing with public health emergencies. The bill introduces amendments to prioritize the production and allocation of essential medical supplies during such emergencies. It includes provisions for improving partnerships with the private sector and mandates regular reporting to Congress on the use of these powers. The bill also requires updates to federal regulations to align with these new measures and ensures that small businesses are considered in the allocation of contracts.
Published
Keywords AI
Sources
Bill Statistics
Size
Language
Complexity
AnalysisAI
Summary of the Bill
The bill, titled the "Public Health Emergency Medical Supplies Enhancement Act of 2023," aims to amend the Defense Production Act of 1950 to better equip the United States in responding to public health emergencies. It strives to enhance the country's preparedness by ensuring the swift production and prioritization of critical medical supplies during crises. The bill proposes to introduce new regulatory frameworks, necessitate regular reporting to Congress, and encourage partnerships with private companies to facilitate these efforts.
Significant Issues
A primary concern revolves around the definition of "scarce and critical materials." The term is vaguely defined, granting authorities broad discretion in deciding what constitutes such materials. This ambiguity could lead to misuse or misallocation of resources during a crisis.
The introduction of an "Outreach Representative" raises concerns over accountability and oversight. The lack of clear guidelines for this role could result in bias or favoritism, compromising fair resource distribution. Furthermore, the bill allows for government-owned facility construction and retrofitting during emergencies, which might lead to unjustified spending if not tightly monitored.
The bill mandates reporting every 120 days during a public health emergency. However, this periodicity might not be sufficient for timely issue identification and resolution, potentially hampering efficiency in responses.
Impact on the Public
Broadly, the bill intends to strengthen national defense against public health emergencies, theoretically benefiting the general public by ensuring necessary medical supplies are available promptly. However, without clear definitions and accountability, there is a risk that resources may not be allocated efficiently, potentially leaving some communities underserved.
Impact on Specific Stakeholders
Government and Authorities: The bill provides significant authority to government officials to manage national resources during health crises. This can be positive, allowing for quick decision-making and response. However, it bears the risk of unchecked power, which could lead to inefficiencies or inequities.
Private Sector: The bill encourages partnerships between the government and private companies. This could be beneficial, potentially leading to increased business opportunities for companies involved in the production and distribution of medical supplies. Yet, without fair oversight, there is the risk of favoritism or unfair advantages being granted to specific companies.
Small Businesses: A specific report on small businesses' involvement is mandated, but issues arise due to undefined terms like "small business concerns." This uncertainty could lead to discrepancies in how small businesses are considered or supported in this framework.
In conclusion, while the bill endeavors to enhance public health emergency preparedness, ambiguities in its definitions and potential oversight gaps present challenges to its effective implementation. Ensuring clarity, accountability, and transparency will be crucial in realizing its intended benefits for all stakeholders.
Issues
The definition and criteria for 'scarce and critical materials' in Section 712(a) are ambiguous, allowing for broad discretion and potential misuse or abuse of authority which could significantly impact resource allocation during a public health emergency.
Section 712(c)(1) creates the role of 'Outreach Representative' without clear oversight or accountability measures, leading to potential bias or favoritism in this position, affecting the fair distribution of resources.
The amendment provides authority for construction, repair, and retrofitting of government-owned facilities as per Section 712(a), which could lead to unnecessary or unjustified spending if not properly managed or justified.
Section 712(e)(1) requires enhanced reporting every 120 days during a public health emergency, which may not be frequent enough to identify or address issues in a timely manner, potentially impacting public health responses.
There is a lack of specific accountability measures or performance benchmarks for the 'Outreach Representative' as noted in Section 712(c)(1), risking ineffective engagement with the private sector.
Section 712 does not provide specific cost-control measures or audits for allocations and purchasing, increasing the risk of potential wasteful spending during a public health emergency.
Report auditing and verification mechanisms are not mentioned in Section 3, which could lead to compliance or fraud issues concerning the reporting of contract percentages with small business concerns.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of the Act officially names it as the "Public Health Emergency Medical Supplies Enhancement Act of 2023."
2. Public health emergencies Read Opens in new tab
Summary AI
The section amends the Defense Production Act of 1950 to improve the United States’ readiness for public health emergencies by ensuring that critical medical supplies can be prioritized and produced quickly during such crises. It also mandates regular reporting to Congress on these efforts, encourages partnerships with private companies, and provides updates to federal regulations to ensure smooth execution of these plans.
712. Public health emergencies Read Opens in new tab
Summary AI
During a public health emergency, the President can identify and manage scarce medical supplies crucial for national defense, prioritize their distribution, partner with private companies for production, enhance supply chain efforts, and report to Congress about these actions. Relevant stakeholders and government representatives will coordinate to ensure timely and efficient delivery and address the needs that arise during such emergencies.
3. Report on activities involving small business Read Opens in new tab
Summary AI
The section mandates that a report, as outlined in the Defense Production Act of 1950, must include details about the proportion of contracts given to small businesses using funds from this Act for the fiscal years 2023 and 2024.