S.Amdt. 3280Senate118th Congress (2023-2025)
S.Amdt. 3280
Sponsored by
Sen. Gary C. Peters (D-MI)
Submitted September 16, 2024
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Senate amendment submitted
September 16, 2024
Text
Submitted
SA 3280. Mr. PETERS (for himself, Mr. Lankford, and Mr. Braun) submitted an amendment intended to be proposed by him to the bill S. 4638, to authorize appropriations for fiscal year 2025 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 H of title X, insert the following: SEC. 10___. U.S. PHARMACEUTICAL SUPPLY CHAINS MAPPING. (a) Short Title.--This section may be cited as the ``Mapping America's Pharmaceutical Supply Act'' or the ``MAPS Act''. (b) Pharmaceutical Supply Chain Mapping.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary''), in coordination with the heads of other relevant Federal departments and agencies, shall ensure coordination of efforts of the Department of Health and Human Services, including through public-private partnerships, to-- (1) map, or otherwise visualize, the supply chains, from manufacturing of key starting materials through manufacturing of finished dosage forms and distribution, of drugs (as defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321)) that are-- (A) directly related to responding to chemical, biological, radiological, or nuclear threats and incidents covered by the National Response Framework; or (B) of greatest priority for providing health care and identified as being at high risk of shortage; and (2) use data analytics to identify supply chain vulnerabilities that pose a threat to national security, as determined by the Secretary or the heads of other relevant Federal departments and agencies. (c) Requirements.--In carrying out subsection (b), the Secretary shall-- (1) describe the roles and responsibilities of agencies and offices within the Department of Health and Human Services related to monitoring such supply chains and assessing any related vulnerabilities; (2) facilitate the exchange of information between Federal departments, agencies, and offices, as appropriate and necessary to enable such agencies and offices to carry out roles and responsibilities described in paragraph (1) related to drugs described in subsection (b)(1), which may include-- (A) the location of establishments registered under subsection (b), (c), or (i) of section 510 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360) involved in the production of active pharmaceutical ingredients and finished dosage forms of drugs described in subsection (b)(1), and the amount of such ingredients and finished dosage forms produced at each such establishment; (B) to the extent available and as appropriate, the location of establishments so registered involved in the production of the key starting materials and excipients needed to produce the active pharmaceutical ingredients and finished dosage forms, and the amount of such materials and excipients produced at each such establishment; and (C) any regulatory actions with respect to such drugs or the establishments manufacturing such drugs, including with respect to inspections and related regulatory activities conducted under section 704 of such Act (21 U.S.C. 374), the seizure of such a drug pursuant to section 304 of such Act (21 U.S.C. 334), any recalls of such a drug; inclusion of such a drug on the drug shortage list under section 506E of such Act (21 U.S.C. 356e), or prior drug shortages reports of a discontinuance or interruption in the production of such a drug under 506C of such Act (21 U.S.C. 355d). (d) Report.--Not later than 18 months after the date of enactment of this Act, and annually thereafter, the Secretary, in consultation with the heads of agencies with which the Secretary coordinates under subsection (b), shall submit a report to the relevant committees of Congress on-- (1) the current status of efforts to map and analyze pharmaceutical supply chains, as described in subsection (b); (2) activities of the Secretary carried out under this section to coordinate efforts as described in subsection (b), including information sharing between relevant Federal departments, agencies, and offices; (3) the roles and responsibilities described in subsection (c)(1), including the identification of any gaps, data limitations, or areas of unnecessary duplication between such roles and responsibilities; (4) the extent to which Federal agencies use data analytics to conduct predictive modeling of anticipated drug shortages or risks associated with supply chain vulnerabilities that pose a threat to national security; and (5) the extent to which the Secretary has engaged relevant industry in such mapping. (e) Confidential Commercial Information.--The exchange of information among the Secretary and the heads of other relevant Federal departments and agencies, for purposes of carrying out this section shall not be a violation of section 1905 of title 18, United States Code. This section shall not be construed to affect the status, if any, of such information as trade secret or confidential commercial information for purposes of section 301(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331(j)), section 552 of title 5, United States Code, or section 1905 of title 18, United States Code. ______