[Congressional Record Volume 167, Number 194 (Thursday, November 4, 2021)]
[Senate]
[Pages S7871-S7872]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4333. Mr. RUBIO (for himself and Ms. Warren) submitted an 
amendment

[[Page S7872]]

intended to be proposed to amendment SA 3867 submitted by Mr. Reed and 
intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 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 E of title VIII, add the following:

     SEC. 857. 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.
                                 ______