II 

117TH CONGRESS 

1ST SESSION S. 3174 

To implement the recommendations of the Inspector General of the Department of Defense with respect to mitigation of foreign suppliers in the 

pharmaceutical supply chain of the Department of Defense. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 4, 2021 

Mr. RUBIO (for himself and Ms. WARREN) introduced the following bill; which 

was read twice and referred to the Committee on Armed Services 

A BILL 

To implement the recommendations of the Inspector General 

of the Department of Defense with respect to mitigation 

of foreign suppliers in the pharmaceutical supply chain 

of the Department of Defense. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Strengthening Supply 

5 Chains for Servicemembers and Security Act’’. 


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1 SEC. 2. RISK MANAGEMENT FOR DEPARTMENT OF DE2 FENSE SUPPLY CHAINS. 

3 (a) RISK MANAGEMENT FOR ALL DEPARTMENT OF

4 DEFENSE SUPPLY CHAINS.—Not later than 180 days 

5 after the date of the enactment of this Act, the Under 

6 Secretary of Defense for Acquisition and Sustainment 

7 shall— 

8 (1) develop and issue implementing guidance 

9 for risk management for Department of Defense 

10 supply chains for materiel for the Department, in11 cluding pharmaceuticals; 

12 (2) identify, in coordination with the Commis13 sioner of Food and Drugs, supply chain information 

14 gaps regarding reliance on foreign suppliers of 

15 drugs, including active pharmaceutical ingredients 

16 and final drug products; and 

17 (3) submit to Congress a report regarding— 

18 (A) existing information streams, if any, 

19 that may be used to assess the reliance by the 

20 Department of Defense on high-risk foreign 

21 suppliers of drugs; 

22 (B) vulnerabilities in the drug supply 

23 chains of the Department of Defense; and 

24 (C) any recommendations to address— 

25 (i) information gaps identified under 

26 paragraph (2); and 


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1 (ii) any risks related to such reliance 

2 on foreign suppliers. 

3 (b) RISK MANAGEMENT FOR DEPARTMENT OF DE4 FENSE PHARMACEUTICAL SUPPLY CHAIN.—The Director 

5 of the Defense Health Agency shall— 

6 (1) not later than one year after the issuance 

7 of the guidance required by subsection (a)(1), de8 velop and publish implementing guidance for risk 

9 management for the Department of Defense supply 

10 chain for pharmaceuticals; and 

11 (2) establish a working group— 

12 (A) to assess risks to the pharmaceutical 

13 supply chain; 

14 (B) to identify the pharmaceuticals most 

15 critical to beneficiary care at military treatment 

16 facilities; and 

17 (C) to establish policies for allocating 

18 scarce pharmaceutical resources in case of a 

19 supply disruption. 

20 (c) RESPONSIVENESS TESTING OF DEFENSE LOGIS21 TICS AGENCY PHARMACEUTICAL CONTRACTS.—The Di22 rector of the Defense Logistics Agency shall modify De23 fense Logistics Agency Instructions 5025.03 and 

24 3110.01— 


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1 (1) to require Defense Logistics Agency Troop 

2 Support to coordinate annually with customers in 

3 the military departments to conduct responsiveness 

4 testing of the Defense Logistics Agency’s contin5 gency contracts for pharmaceuticals; and 

6 (2) to include the results of that testing, as re7 ported by customers in the military departments, in 

8 the annual reports of the Warstopper Program. 

Æ 


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