S.Amdt. 2237

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.''.
______