1. Short title This Act may be cited as the Public Health Emergency Medical Supplies Enhancement Act of 2023 . 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: 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