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 na-
tional defense, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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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 De-
fense Production Act of 1950 (50 U.S.C. 4502) is amend-
ed— 
(1) by redesignating paragraphs (3) through 
(8) as paragraphs (4) through (9), respectively; and 
(2) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) authorities under this Act should be used 
when appropriate to ensure the availability of med-
ical materials essential to national defense, including 
through measures designed to secure the drug sup-
ply chain, and taking into consideration the impor-
tance of United States competitiveness, scientific 
leadership and cooperation, and innovative capac-
ity;’’. 
(b) STRENGTHENING DOMESTIC CAPABILITY.—Sec-
tion 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 
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(2) in subsection (b)(1), by inserting ‘‘(includ-
ing medical materials such as drugs, devices, and bi-
ological products to diagnose, cure, mitigate, treat, 
or prevent disease that are essential to national de-
fense)’’ 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 add-
ing 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 Con-
gress 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 (in-
cluding 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 
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national defense, to the extent necessary for the pur-
poses of this Act. 
‘‘(2) An analysis of vulnerabilities to existing 
supply chains for such medical materials, and rec-
ommendations to address the vulnerabilities. 
‘‘(3) Measures to be undertaken by the Presi-
dent 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 sub-
section 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 ma-
terials are not under the exclusive control of a 
foreign government in a manner that the Presi-
dent determines could threaten the national de-
fense of the United States; and 
‘‘(C) efforts to mitigate any risks resulting 
from the plan and measures described in this 
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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 sub-
mit 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 minor-
ity leader of the Senate, the Chairman and Ranking Mem-
ber of the Committee on Financial Services of the House 
of Representatives, and the Chairman and Ranking Mem-
ber 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 Pro-
duction Act of 1950 (50 U.S.C. 4533) is amended by add-
ing at the end the following: 
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‘‘(h) INVESTMENT IN SUPPLY CHAIN SECURITY.— 
‘‘(1) IN GENERAL.—In addition to other au-
thorities in this title, the President may make avail-
able 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 de-
scribed 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 Presi-
dent by regulation.’’. 
(b) REGULATIONS.— 
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(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 ac-
tivities’’ 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 serv-
ice used by the Government; or 
(ii) critical infrastructure as defined 
in Presidential Policy Directive 21 (Feb-
ruary 12, 2013; relating to critical infra-
structure security and resilience); and 
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(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: 
CHERYL L. JOHNSON, 
Clerk. 
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