[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3174 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 3174

   To implement the recommendations of the Inspector General of the 
 Department of Defense with respect to mitigation of foreign suppliers 
    in the pharmaceutical supply chain of the Department of Defense.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 4, 2021

 Mr. Rubio (for himself and Ms. Warren) introduced the following bill; 
  which was read twice and referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
   To implement the recommendations of the Inspector General of the 
 Department of Defense with respect to mitigation of foreign suppliers 
    in the pharmaceutical supply chain of the Department of Defense.

    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 ``Strengthening Supply Chains for 
Servicemembers and Security Act''.

SEC. 2. RISK MANAGEMENT FOR DEPARTMENT OF DEFENSE SUPPLY CHAINS.

    (a) Risk Management for All Department of Defense Supply Chains.--
Not later than 180 days after the date of the enactment of this Act, 
the Under Secretary of Defense for Acquisition and Sustainment shall--
            (1) develop and issue implementing guidance for risk 
        management for Department of Defense supply chains for materiel 
        for the Department, including pharmaceuticals;
            (2) identify, in coordination with the Commissioner of Food 
        and Drugs, supply chain information gaps regarding reliance on 
        foreign suppliers of drugs, including active pharmaceutical 
        ingredients and final drug products; and
            (3) submit to Congress a report regarding--
                    (A) existing information streams, if any, that may 
                be used to assess the reliance by the Department of 
                Defense on high-risk foreign suppliers of drugs;
                    (B) vulnerabilities in the drug supply chains of 
                the Department of Defense; and
                    (C) any recommendations to address--
                            (i) information gaps identified under 
                        paragraph (2); and
                            (ii) any risks related to such reliance on 
                        foreign suppliers.
    (b) Risk Management for Department of Defense Pharmaceutical Supply 
Chain.--The Director of the Defense Health Agency shall--
            (1) not later than one year after the issuance of the 
        guidance required by subsection (a)(1), develop and publish 
        implementing guidance for risk management for the Department of 
        Defense supply chain for pharmaceuticals; and
            (2) establish a working group--
                    (A) to assess risks to the pharmaceutical supply 
                chain;
                    (B) to identify the pharmaceuticals most critical 
                to beneficiary care at military treatment facilities; 
                and
                    (C) to establish policies for allocating scarce 
                pharmaceutical resources in case of a supply 
                disruption.
    (c) Responsiveness Testing of Defense Logistics Agency 
Pharmaceutical Contracts.--The Director of the Defense Logistics Agency 
shall modify Defense Logistics Agency Instructions 5025.03 and 
3110.01--
            (1) to require Defense Logistics Agency Troop Support to 
        coordinate annually with customers in the military departments 
        to conduct responsiveness testing of the Defense Logistics 
        Agency's contingency contracts for pharmaceuticals; and
            (2) to include the results of that testing, as reported by 
        customers in the military departments, in the annual reports of 
        the Warstopper Program.
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