[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 555 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 555
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
January 26, 2023
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.
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 2023'' or the ``SAVE Act of 2023''.
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.
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