E&C Democrats Introduce PAHPA Reauthorization Alternative that Applies the Lessons Learned from COVID-19 Pandemic

Today, Energy and Commerce Committee Democrats introduced comprehensive legislation to reauthorize the Pandemic and All-Hazards Preparedness Act (PAHPA), which is set to expire on September 30th. The legislation, which was led today by Rep. Kim Schrier, MD, (D-WA) and Health Subcommittee Ranking Member Anna G. Eshoo (D-CA) was sponsored by all 23 Democrats on the House Energy and Commerce Committee.

"Republican leadership is willing to put American lives at risk with their refusal to address the nation's drug shortage crisis in their PAHPA bill," Congresswoman Schrier said. "Drug shortages are at a five-year high, we are currently in the throes of the worst chemotherapy shortage in decades, and doctors are being forced to ration treatment. Our bill includes many bipartisan priorities, including my bills the Doctors at the Ready Act, which will streamline hiring for the National Disaster Medical System and the Diagnostic Testing Preparedness Plan Act which will facilitate the innovation and development of diagnostics between the private and public sectors during Public Health Emergencies. The bill also includes the Drug Shortage Prevention Act which would require manufacturers to notify the FDA if they experience six consecutive weeks of an increase in product demand to minimize drug shortages and improve the FDA's predictive ability and responsiveness. We can't afford to let partisanship hinder our pandemic response, and I am hopeful that we can work together to apply what we have learned from the COVID pandemic to prepare for our future emergencies, not refuse policies that would provide relief."

"As the sole original author of the Pandemic and All-Hazards Preparedness Act remaining in Congress, I strongly support this bill because it fully funds the Strategic National Stockpile, addresses the drug shortage crisis, and improves our nation's public health data infrastructure," Rep. Eshoo said. "I hope Republicans will choose to be bipartisan and join me and Representative Schrier in the commonsense proposals we introduced today to fully prepare and protect our nation from future health threats."

"I'm grateful to Congresswoman Schrier and Ranking Member Eshoo for their leadership and insight as we work to reauthorize our nation's pandemic preparedness programs," Energy and Commerce Committee Ranking Member Frank Pallone, Jr. (D-NJ) said. "In the aftermath of the COVID-19 pandemic, it's more important than ever that we apply lessons learned to ensure that we are better prepared to respond to future public health emergencies, including the ongoing drug shortage crisis. While Republicans choose partisanship, Democrats will continue fighting to protect Americans' health and well-being."

Applying Lessons Learned from COVID-19:

The Committee Democrats' bill reauthorizes key authorities intended to help the federal government respond to public health emergencies, including authorities within the Administration for Strategic Preparedness and Response (ASPR), and workforce programs to ensure our health care system is prepared to respond to health security threats, as well as planning our national health security strategy for the future.

The comprehensive legislation will also improve communication and public health data sharing between states and the Centers for Disease Control and Prevention (CDC) to ensure CDC can provide real-time guidance that reflects accurate data from states and localities. Meanwhile, a Republican bill would undermine the CDC by leaving it without a permanent leader at this time, which would threaten our response to any emergency.

Increased Preparedness Funding:

The legislation also increases authorized funding levels for preparedness programs including for the Strategic National Stockpile to sufficiently maintain current capabilities and absorb additional products that are developed as well as the Hospital Preparedness Program to ensure there is health care system resilience in the wake of public health emergencies. It also increases funding for Public Health Emergency Preparedness grants to ensure state and local public health agencies have the resources they need on the ground to properly respond to an emergency. The Republican reauthorization bill fails to increase any funding levels for existing programs over the levels appropriated for fiscal year 2023.

Addressing the Drug Shortage Crisis:

Finally, the legislation provides the Food and Drug Administration (FDA) with tools and authorities to help address the national drug shortage crisis and other supply chain vulnerabilities. These policies include improved mandatory reporting of drug and medical device shortages, increased transparency in drug and active pharmaceutical ingredient manufacturing, new tools to support extended drug shelf life during shortages like the ongoing cancer drug supply shortages, and recall authority to ensure dangerous products can be removed from the market quickly.

Yesterday, Senate Committee leaders announced bipartisan agreement on PAHPA legislation that includes many of the provisions that House Democrats have been pushing for months to address the drug shortage crisis. As a result, House Republicans are now the only obstacle standing in the way of Congress acting to provide relief to patients impacted by these shortages.

The bill was introduced by Schrier and Eshoo and co-sponsored by Pallone, Diana DeGette (D-CO), Janice D. Schakowsky (D-IL), Doris O. Matsui (D-CA), Kathy Castor (D-FL), John P. Sarbanes (D-MD), Paul Tonko (D-NY), Yvette D. Clarke (D-NY), Tony Cardenas (D-CA), Raul Ruiz (D-CA), Scott H. Peters (D-CA), Debbie Dingell (D-MI), Marc A. Veasey (D-TX), Ann M. Kuster (D-NH), Robin L. Kelly (D-IL), Nanette Diaz Barragan (D-CA), Lisa Blunt Rochester (D-DE), Darren Soto (D-FL), Angie Craig (D-MN), Lori Trahan (D-MA), and Lizzie Fletcher (D-TX).

Bill text is available HERE.

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