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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3146 Engrossed in House (EH)]

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117th CONGRESS
  1st Session
                                H. R. 3146

_______________________________________________________________________

                                 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Securing America's Vaccines for 
Emergencies Act of 2021'' or the ``SAVE Act of 2021''.

SEC. 2. SECURING ESSENTIAL MEDICAL MATERIALS.

    (a) Statement of Policy.--Section 2(b) of the Defense Production 
Act of 1950 (50 U.S.C. 4502) is amended--
            (1) by redesignating paragraphs (3) through (8) as 
        paragraphs (4) through (9), respectively; and
            (2) by inserting after paragraph (2) the following:
            ``(3) authorities under this Act should be used when 
        appropriate to ensure the availability of medical materials 
        essential to national defense, including through measures 
        designed to secure the drug supply chain, and taking into 
        consideration the importance of United States competitiveness, 
        scientific leadership and cooperation, and innovative 
        capacity;''.
    (b) Strengthening Domestic Capability.--Section 107 of the Defense 
Production Act of 1950 (50 U.S.C. 4517) is amended--
            (1) in subsection (a), by inserting ``(including medical 
        materials)'' after ``materials''; and
            (2) in subsection (b)(1), by inserting ``(including medical 
        materials such as drugs, devices, and biological products to 
        diagnose, cure, mitigate, treat, or prevent disease that are 
        essential to national defense)'' after ``essential materials''.
    (c) Strategy on Securing Supply Chains for Medical Materials.--
Title I of the Defense Production Act of 1950 (50 U.S.C. 4511 et seq.) 
is amended by adding at the end the following:

``SEC. 109. STRATEGY ON SECURING SUPPLY CHAINS FOR MEDICAL MATERIALS.

    ``(a) In General.--Not later than 180 days after the date of the 
enactment of this section, the President, in consultation with the 
Secretary of Health and Human Services, the Secretary of Commerce, the 
Secretary of Homeland Security, and the Secretary of Defense, shall 
transmit a strategy to the appropriate Members of Congress that 
includes the following:
            ``(1) A detailed plan to use the authorities under this 
        title and title III, or any other provision of law, to ensure 
        the supply of medical materials (including drugs, devices, and 
        biological products (as that term is defined in section 351 of 
        the Public Health Service Act (42 U.S.C. 262)) to diagnose, 
        cure, mitigate, treat, or prevent disease) essential to 
        national defense, to the extent necessary for the purposes of 
        this Act.
            ``(2) An analysis of vulnerabilities to existing supply 
        chains for such medical materials, and recommendations to 
        address the vulnerabilities.
            ``(3) Measures to be undertaken by the President to 
        diversify such supply chains, as appropriate and as required 
        for national defense.
            ``(4) A discussion of--
                    ``(A) any significant effects resulting from the 
                plan and measures described in this subsection on the 
                production, cost, or distribution of biological 
                products (as that term is defined in section 351 of the 
                Public Health Service Act (42 U.S.C. 262)) or any other 
                devices or drugs (as defined under the Federal Food, 
                Drug, and Cosmetic Act (21 U.S.C. 301 et seq.));
                    ``(B) a timeline to ensure that essential 
                components of the supply chain for medical materials 
                are not under the exclusive control of a foreign 
                government in a manner that the President determines 
                could threaten the national defense of the United 
                States; and
                    ``(C) efforts to mitigate any risks resulting from 
                the plan and measures described in this subsection to 
                United States competitiveness, scientific leadership, 
                and innovative capacity, including efforts to cooperate 
                and proactively engage with United States allies.
    ``(b) Progress Report.--Following submission of the strategy under 
subsection (a), the President shall submit to the appropriate Members 
of Congress an annual progress report until September 30, 2025, 
evaluating the implementation of the strategy, and may include updates 
to the strategy as appropriate. The strategy and progress reports shall 
be submitted in unclassified form but may contain a classified annex.
    ``(c) Appropriate Members of Congress.--The term `appropriate 
Members of Congress' means the Speaker, majority leader, and minority 
leader of the House of Representatives, the majority leader and 
minority leader of the Senate, the Chairman and Ranking Member of the 
Committee on Financial Services of the House of Representatives, and 
the Chairman and Ranking Member of the Committee on Banking, Housing, 
and Urban Affairs of the Senate.''.

SEC. 3. INVESTMENT IN SUPPLY CHAIN SECURITY.

    (a) In General.--Section 303 of the Defense Production Act of 1950 
(50 U.S.C. 4533) is amended by adding at the end the following:
    ``(h) Investment in Supply Chain Security.--
            ``(1) In general.--In addition to other authorities in this 
        title, the President may make available to an eligible entity 
        described in paragraph (2) payments to increase the security of 
        supply chains and supply chain activities, if the President 
        certifies to Congress not less than 30 days before making such 
        a payment that the payment is critical to meet national defense 
        requirements of the United States.
            ``(2) Eligible entity.--An eligible entity described in 
        this paragraph is an entity that--
                    ``(A) is organized under the laws of the United 
                States or any jurisdiction within the United States; 
                and
                    ``(B) produces--
                            ``(i) one or more critical components;
                            ``(ii) critical technology; or
                            ``(iii) one or more products or raw 
                        materials for the security of supply chains or 
                        supply chain activities.
            ``(3) Definitions.--In this subsection, the terms `supply 
        chain' and `supply chain activities' have the meanings given 
        those terms by the President by regulation.''.
    (b) Regulations.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the President shall prescribe 
        regulations setting forth definitions for the terms ``supply 
        chain'' and ``supply chain activities'' for the purposes of 
        section 303(h) of the Defense Production Act of 1950 (50 U.S.C. 
        4533(h)), as added by subsection (a).
            (2) Scope of definitions.--The definitions required by 
        paragraph (1)--
                    (A) shall encompass--
                            (i) the organization, people, activities, 
                        information, and resources involved in the 
                        delivery and operation of a product or service 
                        used by the Government; or
                            (ii) critical infrastructure as defined in 
                        Presidential Policy Directive 21 (February 12, 
                        2013; relating to critical infrastructure 
                        security and resilience); and
                    (B) may include variations as determined necessary 
                and appropriate by the President for purposes of 
                national defense.

            Passed the House of Representatives May 18, 2021.

            Attest:

                                                                 Clerk.
117th CONGRESS

  1st Session

                               H. R. 3146

_______________________________________________________________________

                                 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.
```