II 

117TH CONGRESS 

2D SESSION S. 3837 

To amend the Defense Production Act of 1950 to ensure the supply of 

certain medical materials essential to national defense, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 15, 2022 

Mr. HAGERTY introduced the following bill; which was read twice and referred 

to the Committee on Banking, Housing, and Urban Affairs 

A BILL 

To amend the Defense Production Act of 1950 to ensure 

the supply of certain medical materials essential to national defense, and for other purposes. 

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 ‘‘Securing America’s 

5 Vaccines for Emergencies Act of 2022’’ or the ‘‘SAVE Act 

6 of 2022’’. 

7 SEC. 2. SECURING ESSENTIAL MEDICAL MATERIALS. 

8 (a) STATEMENT OF POLICY.—Section 2(b) of the De9 fense Production Act of 1950 (50 U.S.C. 4502(b)) is 

10 amended— 


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1 (1) by redesignating paragraphs (3) through 

2 (8) as paragraphs (4) through (9), respectively; and 

3 (2) by inserting after paragraph (2) the fol4 lowing: 

5 ‘‘(3) authorities under this Act should be used 

6 when appropriate to ensure the availability of med7 ical materials essential to national defense, including 

8 through measures designed to secure the drug sup9 ply chain, and taking into consideration the impor10 tance of United States competitiveness, scientific 

11 leadership and cooperation, and innovative capac12 ity;’’. 

13 (b) STRENGTHENING DOMESTIC CAPABILITY.—Sec14 tion 107 of the Defense Production Act of 1950 (50 

15 U.S.C. 4517) is amended— 

16 (1) in subsection (a), by inserting ‘‘(including 

17 medical materials)’’ after ‘‘materials’’; and 

18 (2) in subsection (b)(1), by inserting ‘‘(includ19 ing medical materials, such as drugs, devices, and 

20 biological products to diagnose, cure, mitigate, treat, 

21 or prevent disease, that are essential to national de22 fense)’’ after ‘‘essential materials’’. 

23 (c) STRATEGY ON SECURING SUPPLY CHAINS FOR

24 MEDICAL MATERIALS.—Title I of the Defense Production 


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1 Act of 1950 (50 U.S.C. 4511 et seq.) is amended by add2 ing at the end the following: 

3 ‘‘SEC. 109. STRATEGY ON SECURING SUPPLY CHAINS FOR 

4 MEDICAL MATERIALS. 

5 ‘‘(a) IN GENERAL.—Not later than 180 days after 

6 the date of the enactment of this section, the President, 

7 in consultation with the Secretary of Health and Human 

8 Services, the Secretary of Commerce, the Secretary of 

9 Homeland Security, and the Secretary of Defense, shall 

10 submit to the appropriate Members of Congress a strategy 

11 that includes the following: 

12 ‘‘(1) A detailed plan to use the authorities 

13 under this title and title III, or any other provision 

14 of law, to ensure the supply of medical materials (in15 cluding drugs, devices, and biological products (as 

16 that term is defined in section 351 of the Public 

17 Health Service Act (42 U.S.C. 262)) to diagnose, 

18 cure, mitigate, treat, or prevent disease) essential to 

19 national defense, to the extent necessary for the pur20 poses of this Act. 

21 ‘‘(2) An analysis of vulnerabilities to existing 

22 supply chains for such medical materials and rec23 ommendations to address the vulnerabilities. 


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1 ‘‘(3) Measures to be undertaken by the Presi2 dent to diversify such supply chains, as appropriate 

3 and as required for national defense. 

4 ‘‘(4) A discussion of— 

5 ‘‘(A) any significant effects resulting from 

6 the plan and measures described in this sub7 section on the production, cost, or distribution 

8 of biological products (as that term is defined 

9 in section 351 of the Public Health Service Act 

10 (42 U.S.C. 262)) or any other devices or drugs 

11 (as defined in section 201 of the Federal Food, 

12 Drug, and Cosmetic Act (21 U.S.C. 321)); 

13 ‘‘(B) a timeline to ensure that essential 

14 components of the supply chain for medical ma15 terials are not under the exclusive control of a 

16 foreign government in a manner that the Presi17 dent determines could threaten the national de18 fense; and 

19 ‘‘(C) efforts to mitigate any risks resulting 

20 from the plan and measures described in this 

21 subsection to United States competitiveness, 

22 scientific leadership, and innovative capacity, 

23 including efforts to cooperate and proactively 

24 engage with United States allies. 


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1 ‘‘(b) PROGRESS REPORT.—Not later than one year 

2 after submission of the strategy under subsection (a), and 

3 annually thereafter until September 30, 2025, the Presi4 dent shall submit to the appropriate Members of Congress 

5 a progress report— 

6 ‘‘(1) evaluating the implementation of the strat7 egy; and 

8 ‘‘(2) including such updates to the strategy as 

9 the President considers appropriate. 

10 ‘‘(c) FORM OF STRATEGY AND REPORT.—The strat11 egy required by subsection (a) and the progress reports 

12 required by subsection (b) shall be submitted in unclassi13 fied form but may include a classified annex. 

14 ‘‘(d) APPROPRIATE MEMBERS OF CONGRESS.—The 

15 term ‘appropriate Members of Congress’ means— 

16 ‘‘(1) the Speaker, majority leader, and minority 

17 leader of the House of Representatives; 

18 ‘‘(2) the majority leader and minority leader of 

19 the Senate; and 

20 ‘‘(3) the chairperson and ranking member of— 

21 ‘‘(A) the Committee on Financial Services 

22 of the House of Representatives; and 

23 ‘‘(B) the Committee on Banking, Housing, 

24 and Urban Affairs of the Senate.’’. 


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1 SEC. 3. INVESTMENT IN SUPPLY CHAIN SECURITY. 

2 (a) IN GENERAL.—Section 303 of the Defense Pro3 duction Act of 1950 (50 U.S.C. 4533) is amended by add4 ing at the end the following: 

5 ‘‘(h) INVESTMENT IN SUPPLY CHAIN SECURITY.— 

6 ‘‘(1) IN GENERAL.—In addition to other au7 thorities under this title, the President may make 

8 available to an eligible entity described in paragraph 

9 (2) payments to increase the security of supply 

10 chains and supply chain activities, if the President 

11 certifies to Congress not less than 30 days before 

12 making such a payment that the payment is critical 

13 to meet national defense requirements of the United 

14 States. 

15 ‘‘(2) ELIGIBLE ENTITY.—An eligible entity de16 scribed in this paragraph is an entity that— 

17 ‘‘(A) is organized under the laws of the 

18 United States or any jurisdiction within the 

19 United States; and 

20 ‘‘(B) produces— 

21 ‘‘(i) one or more critical components; 

22 ‘‘(ii) critical technology; or 

23 ‘‘(iii) one or more products or raw 

24 materials for the security of supply chains 

25 or supply chain activities. 


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1 ‘‘(3) DEFINITIONS.—In this subsection, the 

2 terms ‘supply chain’ and ‘supply chain activities’ 

3 have the meanings given those terms by the Presi4 dent by regulation.’’. 

5 (b) REGULATIONS.— 

6 (1) IN GENERAL.—Not later than 90 days after 

7 the date of the enactment of this Act, the President 

8 shall prescribe regulations setting forth definitions 

9 for the terms ‘‘supply chain’’ and ‘‘supply chain ac10 tivities’’ for the purposes of subsection (h) of section 

11 303 of the Defense Production Act of 1950, as 

12 added by subsection (a). 

13 (2) SCOPE OF DEFINITIONS.—The definitions 

14 required by paragraph (1)— 

15 (A) shall encompass— 

16 (i) the organization, people, activities, 

17 information, and resources involved in the 

18 delivery and operation of a product or serv19 ice used by the Federal Government; or 

20 (ii) critical infrastructure as defined 

21 in Presidential Policy Directive 21 (Feb22 ruary 12, 2013; relating to critical infra23 structure security and resilience); and 

24 (B) may include variations as determined 

25 necessary and appropriate by the President for 


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1 purposes of national defense (as defined in sec2 tion 702 of the Defense Production Act of 1950 

3 (50 U.S.C. 4552)). 

Æ 


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