[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3715 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 3715

  To amend the Defense Production Act of 1950 to ensure the supply of 
 certain medical articles essential to national defense, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 13, 2020

Ms. McSally (for herself and Mr. Cramer) introduced the following bill; 
which was read twice and referred to the Committee on Banking, Housing, 
                           and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
  To amend the Defense Production Act of 1950 to ensure the supply of 
 certain medical articles essential to national defense, 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 ``Securing America's Vaccines for 
Emergencies Act of 2020'' or the ``SAVE Act of 2020''.

SEC. 2. SECURING ESSENTIAL MEDICAL ARTICLES.

    (a) Statement of Policy.--Section 2(b) of the Defense Production 
Act of 1950 (50 U.S.C. 4502(b)) is amended--
            (1) by redesignating paragraphs (3) through (8) as 
        paragraphs (4) through (9), respectively; and
            (2) by inserting after paragraph (2) the following:
            ``(3) authorities under this Act should be used when 
        appropriate to ensure the availability of medical articles 
        essential to national defense, including through measures 
        designed to secure the drug supply chain, and taking into 
        consideration the importance of United States competitiveness, 
        scientific leadership and cooperation, and innovative 
        capacity;''.
    (b) Strengthening Domestic Capability.--Section 107 of the Defense 
Production Act of 1950 (50 U.S.C. 4517) is amended--
            (1) in subsection (a), by striking ``and industrial 
        resources'' and inserting ``industrial resources, and medical 
        articles''; and
            (2) in subsection (b)(1), by striking ``and industrial 
        resources'' and inserting ``industrial resources, and medical 
        articles (including drugs to diagnose, cure, mitigate, treat, 
        or prevent disease) essential to national defense''.
    (c) Strategy on Securing Supply Chains for Medical Articles.--Title 
I of the Defense Production Act of 1950 (50 U.S.C. 4511 et seq.) is 
amended by adding at the end the following:

``SEC. 109. STRATEGY ON SECURING SUPPLY CHAINS FOR MEDICAL ARTICLES.

    ``(a) In General.--Not later than 120 days after the date of the 
enactment of this section, the President, in consultation with the 
Secretary of Health and Human Services, the Secretary of Commerce, the 
Secretary of Homeland Security, and the Secretary of Defense, shall 
transmit a strategy to the appropriate Members of Congress that 
includes the following:
            ``(1) A detailed plan to use the authorities under this 
        title and title III, or any other provision of law, to ensure 
        the supply of medical articles (including drugs to diagnose, 
        cure, mitigate, treat, or prevent disease) essential to 
        national defense, to the extent necessary for the purposes of 
        this Act.
            ``(2) An analysis of vulnerabilities to existing supply 
        chains for such medical articles, and recommendations to 
        address the vulnerabilities.
            ``(3) Measures to be undertaken by the President to 
        diversify such supply chains, as appropriate and as required 
        for national defense.
            ``(4) A discussion of--
                    ``(A) any significant effects resulting from the 
                plan and measures described in this subsection on the 
                production, cost, or distribution of vaccines or any 
                other drugs (as defined under section 201 of the 
                Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321));
                    ``(B) a timeline to ensure that essential 
                components of the supply chain for medical articles are 
                not under the exclusive control of a foreign government 
                in a manner that the President determines could 
                threaten the national defense of the United States; and
                    ``(C) efforts to mitigate any risks resulting from 
                the plan and measures described in this subsection to 
                United States competitiveness, scientific leadership, 
                and innovative capacity, including efforts to cooperate 
                and proactively engage with United States allies.
    ``(b) Progress Report.--Following submission of the strategy under 
subsection (a), the President shall submit to the appropriate Members 
of Congress an annual progress report evaluating the implementation of 
the strategy, and may include updates to the strategy as appropriate. 
The strategy and progress reports shall be submitted in unclassified 
form but may contain a classified annex.
    ``(c) Appropriate Members of Congress.--The term `appropriate 
Members of Congress' means--
            ``(1) the Speaker, majority leader, and minority leader of 
        the House of Representatives;
            ``(2) the majority leader and minority leader of the 
        Senate;
            ``(3) the chairman and ranking member of the Committee on 
        Financial Services of the House of Representatives; and
            ``(4) the chairman and ranking member of the Committee on 
        Banking, Housing, and Urban Affairs of the Senate.''.

SEC. 3. INVESTMENT IN SUPPLY CHAIN SECURITY.

    (a) In General.--Section 303 of the Defense Production Act of 1950 
(50 U.S.C. 4533) is amended by adding at the end the following:
    ``(h) Investment in Supply Chain Security.--
            ``(1) In general.--The President may make available to an 
        eligible entity described in paragraph (2) payments to increase 
        the security of supply chains and supply chain activities, if 
        the President certifies to Congress not less than 30 days 
        before making such a payment that the payment is important to 
        meet national defense requirements of the United States.
            ``(2) Eligible entity.--An eligible entity described in 
        this paragraph is an entity that--
                    ``(A) is organized under the laws of the United 
                States or any jurisdiction within the United States; 
                and
                    ``(B) produces--
                            ``(i) one or more critical components;
                            ``(ii) critical technology; or
                            ``(iii) one or more products for the 
                        increased security of supply chains or supply 
                        chain activities.
            ``(3) Definitions.--In this subsection, the terms `supply 
        chain' and `supply chain activities' have the meanings given 
        those terms by the President by regulation.''.
    (b) Regulations.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the President shall prescribe 
        regulations setting forth definitions for the terms ``supply 
        chain'' and ``supply chain activities'' for the purposes of 
        subsection (h) of section 303 of the Defense Production Act of 
        1950 (50 U.S.C. 4533), as added by subsection (a).
            (2) Scope of definitions.--The definitions required by 
        paragraph (1)--
                    (A) shall encompass--
                            (i) the organizations, people, activities, 
                        information, and resources involved in the 
                        delivery and operation of a product or service 
                        used by the Government; or
                            (ii) critical infrastructure as defined in 
                        Presidential Policy Directive 21 (February 12, 
                        2013; relating to critical infrastructure 
                        security and resilience); and
                    (B) may include variations as determined necessary 
                and appropriate by the President for purposes of 
                national defense.
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