[Congressional Record Volume 166, Number 48 (Thursday, March 12, 2020)]
[Senate]
[Pages S1742-S1743]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself, Mr. Alexander, Mrs. Murray, Mr. 
        Romney, Mr. Jones, Mr. Blunt, Ms. Smith, Ms. Baldwin, Mr. Reed, 
        Ms. Klobuchar, and Mr. Blumenthal):
  S. 3478. A bill to require a report to assess, evaluate, and address 
the dependence of the United States on critical drugs and devices 
sourced or manufactured outside of the United States; to the Committee 
on Health, Education, Labor, and Pensions.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.

[[Page S1743]]

  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3478

       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 ``Commission on America's 
     Medical Security Act''.

     SEC. 2. NATIONAL ACADEMIES REPORT ON AMERICA'S MEDICAL 
                   PRODUCT SUPPLY CHAIN SECURITY.

       (a) In General.--Not later than 60 days after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services shall enter into an agreement with the National 
     Academies of Sciences, Engineering, and Medicine (referred to 
     in this section as the ``National Academies'') to examine, 
     and, in a manner that does not compromise national security, 
     report on, the security of the United States medical product 
     supply chain.
       (b) Purposes.--The report developed under this section 
     shall--
       (1) assess and evaluate the dependence of the United 
     States, including the private commercial sector, States, and 
     the Federal Government, on critical drugs and devices that 
     are sourced or manufactured outside of the United States, 
     which may include an analysis of--
       (A) the supply chain of critical drugs and devices of 
     greatest priority to providing health care;
       (B) any potential public health security or national 
     security risks associated with reliance on critical drugs and 
     devices sourced or manufactured outside of the United States, 
     which may include responses to previous or existing shortages 
     or public health emergencies, such as infectious disease 
     outbreaks, bioterror attacks, and other public health 
     threats;
       (C) any existing supply chain information gaps, as 
     applicable; and
       (D) potential economic impact of increased domestic 
     manufacturing; and
       (2) provide recommendations, which may include a plan to 
     improve the resiliency of the supply chain for critical drugs 
     and devices as described in paragraph (1), and to address any 
     supply vulnerabilities or potential disruptions of such 
     products that would significantly affect or pose a threat to 
     public health security or national security, as appropriate, 
     which may include strategies to--
       (A) promote supply chain redundancy and contingency 
     planning;
       (B) encourage domestic manufacturing, including 
     consideration of economic impacts, if any;
       (C) improve supply chain information gaps;
       (D) improve planning considerations for medical product 
     supply chain capacity during public health emergencies; and
       (E) promote the accessibility of such drugs and devices.
       (c) Input.--In conducting the study and developing the 
     report under subsection (b), the National Academies shall--
       (1) consider input from the Department of Health and Human 
     Services, the Department of Homeland Security, the Department 
     of Defense, the Department of Commerce, the Department of 
     State, the Department of Veterans Affairs, the Department of 
     Justice, and any other Federal agencies as appropriate; and
       (2) consult with relevant stakeholders, which may include 
     conducting public meetings and other forms of engagement, as 
     appropriate, with health care providers, medical professional 
     societies, State-based societies, public health experts, 
     State and local public health departments, State medical 
     boards, patient groups, medical product manufacturers, health 
     care distributors, wholesalers and group purchasing 
     organizations, pharmacists, and other entities with 
     experience in health care and public health, as appropriate.
       (d) Definitions.--In this section, the terms ``device'' and 
     ``drug'' have the meanings given such terms in section 201 of 
     the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
                                 ______