SAVE Act of 2020

II 116TH CONGRESS 2D SESSION S. 3715 To amend the Defense Production Act of 1950 to ensure the supply of certain medical articles essential to national defense, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 13, 2020 Ms. MCSALLY (for herself and Mr. CRAMER) introduced the following bill; which was read twice and referred to the Committee on Banking, Hous- ing, and Urban Affairs A BILL To amend the Defense Production Act of 1950 to ensure the supply of certain medical articles essential to national defense, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Securing America’s 4 Vaccines for Emergencies Act of 2020’’ or the ‘‘SAVE Act 5 of 2020’’. 6 VerDate Sep 11 2014 15:43 Jun 02, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3715.IS S3715 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 3715 IS SEC. 2. SECURING ESSENTIAL MEDICAL ARTICLES. 1 (a) STATEMENT OF POLICY.—Section 2(b) of the De- 2 fense Production Act of 1950 (50 U.S.C. 4502(b)) is 3 amended— 4 (1) by redesignating paragraphs (3) through 5 (8) as paragraphs (4) through (9), respectively; and 6 (2) by inserting after paragraph (2) the fol- 7 lowing: 8 ‘‘(3) authorities under this Act should be used 9 when appropriate to ensure the availability of med- 10 ical articles essential to national defense, including 11 through measures designed to secure the drug sup- 12 ply chain, and taking into consideration the impor- 13 tance of United States competitiveness, scientific 14 leadership and cooperation, and innovative capac- 15 ity;’’. 16 (b) STRENGTHENING DOMESTIC CAPABILITY.—Sec- 17 tion 107 of the Defense Production Act of 1950 (50 18 U.S.C. 4517) is amended— 19 (1) in subsection (a), by striking ‘‘and indus- 20 trial resources’’ and inserting ‘‘industrial resources, 21 and medical articles’’; and 22 (2) in subsection (b)(1), by striking ‘‘and indus- 23 trial resources’’ and inserting ‘‘industrial resources, 24 and medical articles (including drugs to diagnose, 25 VerDate Sep 11 2014 15:43 Jun 02, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3715.IS S3715 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 3715 IS cure, mitigate, treat, or prevent disease) essential to 1 national defense’’. 2 (c) STRATEGY ON SECURING SUPPLY CHAINS FOR 3 MEDICAL ARTICLES.—Title I of the Defense Production 4 Act of 1950 (50 U.S.C. 4511 et seq.) is amended by add- 5 ing at the end the following: 6 ‘‘SEC. 109. STRATEGY ON SECURING SUPPLY CHAINS FOR 7 MEDICAL ARTICLES. 8 ‘‘(a) IN GENERAL.—Not later than 120 days after 9 the date of the enactment of this section, the President, 10 in consultation with the Secretary of Health and Human 11 Services, the Secretary of Commerce, the Secretary of 12 Homeland Security, and the Secretary of Defense, shall 13 transmit a strategy to the appropriate Members of Con- 14 gress that includes the following: 15 ‘‘(1) A detailed plan to use the authorities 16 under this title and title III, or any other provision 17 of law, to ensure the supply of medical articles (in- 18 cluding drugs to diagnose, cure, mitigate, treat, or 19 prevent disease) essential to national defense, to the 20 extent necessary for the purposes of this Act. 21 ‘‘(2) An analysis of vulnerabilities to existing 22 supply chains for such medical articles, and rec- 23 ommendations to address the vulnerabilities. 24 VerDate Sep 11 2014 15:43 Jun 02, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3715.IS S3715 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 3715 IS ‘‘(3) Measures to be undertaken by the Presi- 1 dent to diversify such supply chains, as appropriate 2 and as required for national defense. 3 ‘‘(4) A discussion of— 4 ‘‘(A) any significant effects resulting from 5 the plan and measures described in this sub- 6 section on the production, cost, or distribution 7 of vaccines or any other drugs (as defined 8 under section 201 of the Federal Food, Drug, 9 and Cosmetic Act (21 U.S.C. 321)); 10 ‘‘(B) a timeline to ensure that essential 11 components of the supply chain for medical ar- 12 ticles are not under the exclusive control of a 13 foreign government in a manner that the Presi- 14 dent determines could threaten the national de- 15 fense of the United States; and 16 ‘‘(C) efforts to mitigate any risks resulting 17 from the plan and measures described in this 18 subsection to United States competitiveness, 19 scientific leadership, and innovative capacity, 20 including efforts to cooperate and proactively 21 engage with United States allies. 22 ‘‘(b) PROGRESS REPORT.—Following submission of 23 the strategy under subsection (a), the President shall sub- 24 mit to the appropriate Members of Congress an annual 25 VerDate Sep 11 2014 15:43 Jun 02, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3715.IS S3715 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 3715 IS progress report evaluating the implementation of the 1 strategy, and may include updates to the strategy as ap- 2 propriate. The strategy and progress reports shall be sub- 3 mitted in unclassified form but may contain a classified 4 annex. 5 ‘‘(c) APPROPRIATE MEMBERS OF CONGRESS.—The 6 term ‘appropriate Members of Congress’ means— 7 ‘‘(1) the Speaker, majority leader, and minority 8 leader of the House of Representatives; 9 ‘‘(2) the majority leader and minority leader of 10 the Senate; 11 ‘‘(3) the chairman and ranking member of the 12 Committee on Financial Services of the House of 13 Representatives; and 14 ‘‘(4) the chairman and ranking member of the 15 Committee on Banking, Housing, and Urban Affairs 16 of the Senate.’’. 17 SEC. 3. INVESTMENT IN SUPPLY CHAIN SECURITY. 18 (a) IN GENERAL.—Section 303 of the Defense Pro- 19 duction Act of 1950 (50 U.S.C. 4533) is amended by add- 20 ing at the end the following: 21 ‘‘(h) INVESTMENT IN SUPPLY CHAIN SECURITY.— 22 ‘‘(1) IN GENERAL.—The President may make 23 available to an eligible entity described in paragraph 24 (2) payments to increase the security of supply 25 VerDate Sep 11 2014 15:43 Jun 02, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3715.IS S3715 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 3715 IS chains and supply chain activities, if the President 1 certifies to Congress not less than 30 days before 2 making such a payment that the payment is impor- 3 tant to meet national defense requirements of the 4 United States. 5 ‘‘(2) ELIGIBLE ENTITY.—An eligible entity de- 6 scribed in this paragraph is an entity that— 7 ‘‘(A) is organized under the laws of the 8 United States or any jurisdiction within the 9 United States; and 10 ‘‘(B) produces— 11 ‘‘(i) one or more critical components; 12 ‘‘(ii) critical technology; or 13 ‘‘(iii) one or more products for the in- 14 creased security of supply chains or supply 15 chain activities. 16 ‘‘(3) DEFINITIONS.—In this subsection, the 17 terms ‘supply chain’ and ‘supply chain activities’ 18 have the meanings given those terms by the Presi- 19 dent by regulation.’’. 20 (b) REGULATIONS.— 21 (1) IN GENERAL.—Not later than 90 days after 22 the date of the enactment of this Act, the President 23 shall prescribe regulations setting forth definitions 24 for the terms ‘‘supply chain’’ and ‘‘supply chain ac- 25 VerDate Sep 11 2014 15:43 Jun 02, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3715.IS S3715 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 3715 IS tivities’’ for the purposes of subsection (h) of section 1 303 of the Defense Production Act of 1950 (50 2 U.S.C. 4533), as added by subsection (a). 3 (2) SCOPE OF DEFINITIONS.—The definitions 4 required by paragraph (1)— 5 (A) shall encompass— 6 (i) the organizations, people, activi- 7 ties, information, and resources involved in 8 the delivery and operation of a product or 9 service used by the Government; or 10 (ii) critical infrastructure as defined 11 in Presidential Policy Directive 21 (Feb- 12 ruary 12, 2013; relating to critical infra- 13 structure security and resilience); and 14 (B) may include variations as determined 15 necessary and appropriate by the President for 16 purposes of national defense. 17 Æ VerDate Sep 11 2014 15:43 Jun 02, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\S3715.IS S3715 pamtmann on DSKBC07HB2PROD with BILLS