I 

117TH CONGRESS 

1ST SESSION H. R. 3146 

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 HOUSE OF REPRESENTATIVES 

MAY 12, 2021 

Mr. HILL (for himself and Mr. VARGAS) introduced the following bill; which 

was referred to the Committee on Financial Services 

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 2021’’ or the ‘‘SAVE Act 

6 of 2021’’. 

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) is amend10 ed— 


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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 bi20 ological 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 transmit a strategy to the appropriate Members of Con11 gress 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 under the Federal Food, Drug, and 

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

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 of the United States; 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.—Following submission of 

2 the strategy under subsection (a), the President shall sub3 mit to the appropriate Members of Congress an annual 

4 progress report until September 30, 2025, evaluating the 

5 implementation of the strategy, and may include updates 

6 to the strategy as appropriate. The strategy and progress 

7 reports shall be submitted in unclassified form but may 

8 contain a classified annex. 

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

10 term ‘appropriate Members of Congress’ means the 

11 Speaker, majority leader, and minority leader of the 

12 House of Representatives, the majority leader and minor13 ity leader of the Senate, the Chairman and Ranking Mem14 ber of the Committee on Financial Services of the House 

15 of Representatives, and the Chairman and Ranking Mem16 ber of the Committee on Banking, Housing, and Urban 

17 Affairs of the Senate.’’. 

18 SEC. 3. INVESTMENT IN SUPPLY CHAIN SECURITY. 

19 (a) IN GENERAL.—Section 303 of the Defense Pro20 duction Act of 1950 (50 U.S.C. 4533) is amended by add21 ing at the end the following: 

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

23 ‘‘(1) IN GENERAL.—In addition to other au24 thorities in this title, the President may make avail25 able to an eligible entity described in paragraph (2) 


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1 payments to increase the security of supply chains 

2 and supply chain activities, if the President certifies 

3 to Congress not less than 30 days before making 

4 such a payment that the payment is critical to meet 

5 national defense requirements of the United States. 

6 ‘‘(2) ELIGIBLE ENTITY.—An eligible entity de7 scribed in this paragraph is an entity that— 

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

9 United States or any jurisdiction within the 

10 United States; and 

11 ‘‘(B) produces— 

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

13 ‘‘(ii) critical technology; or 

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

15 materials for the security of supply chains 

16 or supply chain activities. 

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

18 terms ‘supply chain’ and ‘supply chain activities’ 

19 have the meanings given those terms by the Presi20 dent by regulation.’’. 

21 (b) REGULATIONS.— 

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

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

24 shall prescribe regulations setting forth definitions 

25 for the terms ‘‘supply chain’’ and ‘‘supply chain acVerDate Sep 11 2014 23:11 May 14, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3146.IH H3146

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1 tivities’’ for the purposes of section 303(h) of the 

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

3 4533(h)), as added by subsection (a). 

4 (2) SCOPE OF DEFINITIONS.—The definitions 

5 required by paragraph (1)— 

6 (A) shall encompass— 

7 (i) the organization, people, activities, 

8 information, and resources involved in the 

9 delivery and operation of a product or serv10 ice used by the Government; or 

11 (ii) critical infrastructure as defined 

12 in Presidential Policy Directive 21 (Feb13 ruary 12, 2013; relating to critical infra14 structure security and resilience); and 

15 (B) may include variations as determined 

16 necessary and appropriate by the President for 

17 purposes of national defense. 

Æ 


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