IIB 

117TH CONGRESS 

1ST SESSION H. R. 3146 

IN THE SENATE OF THE UNITED STATES 

MAY 19, 2021 

Received; read twice and referred to the Committee on Banking, Housing, and 

Urban Affairs 

AN ACT 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Securing America’s 

3 Vaccines for Emergencies Act of 2021’’ or the ‘‘SAVE Act 

4 of 2021’’. 

5 SEC. 2. SECURING ESSENTIAL MEDICAL MATERIALS. 

6 (a) STATEMENT OF POLICY.—Section 2(b) of the De7 fense Production Act of 1950 (50 U.S.C. 4502) is amend8 ed— 

9 (1) by redesignating paragraphs (3) through 

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

11 (2) by inserting after paragraph (2) the fol12 lowing: 

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

14 when appropriate to ensure the availability of med15 ical materials essential to national defense, including 

16 through measures designed to secure the drug sup17 ply chain, and taking into consideration the impor18 tance of United States competitiveness, scientific 

19 leadership and cooperation, and innovative capac20 ity;’’. 

21 (b) STRENGTHENING DOMESTIC CAPABILITY.—Sec22 tion 107 of the Defense Production Act of 1950 (50 

23 U.S.C. 4517) is amended— 

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

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


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1 (2) in subsection (b)(1), by inserting ‘‘(includ2 ing medical materials such as drugs, devices, and bi3 ological products to diagnose, cure, mitigate, treat, 

4 or prevent disease that are essential to national de5 fense)’’ after ‘‘essential materials’’. 

6 (c) STRATEGY ON SECURING SUPPLY CHAINS FOR

7 MEDICAL MATERIALS.—Title I of the Defense Production 

8 Act of 1950 (50 U.S.C. 4511 et seq.) is amended by add9 ing at the end the following: 

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

11 MEDICAL MATERIALS. 

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

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

14 in consultation with the Secretary of Health and Human 

15 Services, the Secretary of Commerce, the Secretary of 

16 Homeland Security, and the Secretary of Defense, shall 

17 transmit a strategy to the appropriate Members of Con18 gress that includes the following: 

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

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

21 of law, to ensure the supply of medical materials (in22 cluding drugs, devices, and biological products (as 

23 that term is defined in section 351 of the Public 

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

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


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1 national defense, to the extent necessary for the pur2 poses of this Act. 

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

4 supply chains for such medical materials, and rec5 ommendations to address the vulnerabilities. 

6 ‘‘(3) Measures to be undertaken by the Presi7 dent to diversify such supply chains, as appropriate 

8 and as required for national defense. 

9 ‘‘(4) A discussion of— 

10 ‘‘(A) any significant effects resulting from 

11 the plan and measures described in this sub12 section on the production, cost, or distribution 

13 of biological products (as that term is defined 

14 in section 351 of the Public Health Service Act 

15 (42 U.S.C. 262)) or any other devices or drugs 

16 (as defined under the Federal Food, Drug, and 

17 Cosmetic Act (21 U.S.C. 301 et seq.)); 

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

19 components of the supply chain for medical ma20 terials are not under the exclusive control of a 

21 foreign government in a manner that the Presi22 dent determines could threaten the national de23 fense of the United States; and 

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

25 from the plan and measures described in this 


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1 subsection to United States competitiveness, 

2 scientific leadership, and innovative capacity, 

3 including efforts to cooperate and proactively 

4 engage with United States allies. 

5 ‘‘(b) PROGRESS REPORT.—Following submission of 

6 the strategy under subsection (a), the President shall sub7 mit to the appropriate Members of Congress an annual 

8 progress report until September 30, 2025, evaluating the 

9 implementation of the strategy, and may include updates 

10 to the strategy as appropriate. The strategy and progress 

11 reports shall be submitted in unclassified form but may 

12 contain a classified annex. 

13 ‘‘(c) APPROPRIATE MEMBERS OF CONGRESS.—The 

14 term ‘appropriate Members of Congress’ means the 

15 Speaker, majority leader, and minority leader of the 

16 House of Representatives, the majority leader and minor17 ity leader of the Senate, the Chairman and Ranking Mem18 ber of the Committee on Financial Services of the House 

19 of Representatives, and the Chairman and Ranking Mem20 ber of the Committee on Banking, Housing, and Urban 

21 Affairs of the Senate.’’. 

22 SEC. 3. INVESTMENT IN SUPPLY CHAIN SECURITY. 

23 (a) IN GENERAL.—Section 303 of the Defense Pro24 duction Act of 1950 (50 U.S.C. 4533) is amended by add25 ing at the end the following: 


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

2 ‘‘(1) IN GENERAL.—In addition to other au3 thorities in this title, the President may make avail4 able to an eligible entity described in paragraph (2) 

5 payments to increase the security of supply chains 

6 and supply chain activities, if the President certifies 

7 to Congress not less than 30 days before making 

8 such a payment that the payment is critical to meet 

9 national defense requirements of the United States. 

10 ‘‘(2) ELIGIBLE ENTITY.—An eligible entity de11 scribed in this paragraph is an entity that— 

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

13 United States or any jurisdiction within the 

14 United States; and 

15 ‘‘(B) produces— 

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

17 ‘‘(ii) critical technology; or 

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

19 materials for the security of supply chains 

20 or supply chain activities. 

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

22 terms ‘supply chain’ and ‘supply chain activities’ 

23 have the meanings given those terms by the Presi24 dent by regulation.’’. 

25 (b) REGULATIONS.— 


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

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

3 shall prescribe regulations setting forth definitions 

4 for the terms ‘‘supply chain’’ and ‘‘supply chain ac5 tivities’’ for the purposes of section 303(h) of the 

6 Defense Production Act of 1950 (50 U.S.C. 

7 4533(h)), as added by subsection (a). 

8 (2) SCOPE OF DEFINITIONS.—The definitions 

9 required by paragraph (1)— 

10 (A) shall encompass— 

11 (i) the organization, people, activities, 

12 information, and resources involved in the 

13 delivery and operation of a product or serv14 ice used by the Government; or 

15 (ii) critical infrastructure as defined 

16 in Presidential Policy Directive 21 (Feb17 ruary 12, 2013; relating to critical infra18 structure security and resilience); and 


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1 (B) may include variations as determined 

2 necessary and appropriate by the President for 

3 purposes of national defense. 

Passed the House of Representatives May 18, 2021. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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