S.Amdt. 4333

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.
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