[Congressional Record Volume 166, Number 119 (Monday, June 29, 2020)]
[Senate]
[Pages S3691-S3692]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2237. Ms. McSALLY submitted an amendment intended to be proposed 
by her to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle G of title X, add the following:

     SEC. 1085. AMENDMENTS TO DEFENSE PRODUCTION ACT OF 1950 TO 
                   ENSURE SUPPLY OF CERTAIN MEDICAL ARTICLES 
                   ESSENTIAL TO NATIONAL DEFENSE.

       (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

[[Page S3692]]

     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.''.
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