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116TH CONGRESS
2D SESSION
H. R. 6399
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 HOUSE OF REPRESENTATIVES
MARCH 26, 2020
Mr. HILL of Arkansas 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 articles essential to national
defense, and for other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Securing America’s
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Vaccines for Emergencies Act of 2020’’ or the ‘‘SAVE Act
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of 2020’’.
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SEC. 2. SECURING ESSENTIAL MEDICAL ARTICLES.
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(a) STATEMENT OF POLICY.—Section 2(b) of the De-
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fense Production Act of 1950 (50 U.S.C. 4502) is amend-
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ed—
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(1) by redesignating paragraphs (3) through
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(8) as paragraphs (4) through (9), respectively; and
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(2) by inserting after paragraph (2) the fol-
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lowing:
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‘‘(3) authorities under this Act should be used
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when appropriate to ensure the availability of med-
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ical articles essential to national defense, including
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through measures designed to secure the drug sup-
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ply chain, and taking into consideration the impor-
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tance of United States competitiveness, scientific
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leadership and cooperation, and innovative capac-
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ity;’’.
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(b) STRENGTHENING DOMESTIC CAPABILITY.—Sec-
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tion 107 of the Defense Production Act of 1950 (50
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U.S.C. 4517) is amended—
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(1) in subsection (a), by striking ‘‘and indus-
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trial resources’’ and inserting ‘‘industrial resources,
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and medical articles’’; and
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(2) in subsection (b)(1), by striking ‘‘and indus-
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trial resources’’ and inserting ‘‘industrial resources,
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and medical articles (including drugs to diagnose,
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cure, mitigate, treat, or prevent disease) essential to
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national defense’’.
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(c) STRATEGY ON SECURING SUPPLY CHAINS FOR
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MEDICAL ARTICLES.—Title I of the Defense Production
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Act of 1950 (50 U.S.C. 4511 et seq.) is amended by add-
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ing at the end the following:
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‘‘SEC. 109. STRATEGY ON SECURING SUPPLY CHAINS FOR
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MEDICAL ARTICLES.
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‘‘(a) IN GENERAL.—Not later than 120 days after
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the date of the enactment of this section, the President,
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in consultation with the Secretary of Health and Human
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Services, the Secretary of Commerce, the Secretary of
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Homeland Security, and the Secretary of Defense, shall
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transmit a strategy to the appropriate Members of Con-
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gress that includes the following:
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‘‘(1) A detailed plan to use the authorities
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under this title and title III, or any other provision
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of law, to ensure the supply of medical articles (in-
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cluding drugs to diagnose, cure, mitigate, treat, or
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prevent disease) essential to national defense, to the
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extent necessary for the purposes of this Act.
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‘‘(2) An analysis of vulnerabilities to existing
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supply chains for such medical articles, and rec-
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ommendations to address the vulnerabilities.
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‘‘(3) Measures to be undertaken by the Presi-
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dent to diversify such supply chains, as appropriate
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and as required for national defense.
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‘‘(4) A discussion of—
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‘‘(A) any significant effects resulting from
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the plan and measures described in this sub-
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section on the production, cost, or distribution
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of vaccines or any other drugs (as defined
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under section 201 of the Federal Food, Drug,
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and Cosmetic Act (21 U.S.C. 321));
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‘‘(B) a timeline to ensure that essential
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components of the supply chain for medical ar-
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ticles are not under the exclusive control of a
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foreign government in a manner that the Presi-
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dent determines could threaten the national de-
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fense of the United States; and
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‘‘(C) efforts to mitigate any risks resulting
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from the plan and measures described in this
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subsection to United States competitiveness,
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scientific leadership, and innovative capacity,
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including efforts to cooperate and proactively
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engage with United States allies.
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‘‘(b) PROGRESS REPORT.—Following submission of
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the strategy under subsection (a), the President shall sub-
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mit to the appropriate Members of Congress an annual
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progress report evaluating the implementation of the
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strategy, and may include updates to the strategy as ap-
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propriate. The strategy and progress reports shall be sub-
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mitted in unclassified form but may contain a classified
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annex.
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‘‘(c) APPROPRIATE MEMBERS OF CONGRESS.—The
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term ‘appropriate Members of Congress’ means the
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Speaker, majority leader, and minority leader of the
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House of Representatives, the majority leader and minor-
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ity leader of the Senate, the Chairman and Ranking Mem-
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ber of the Committee on Financial Services of the House
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of Representatives, and the Chairman and Ranking Mem-
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ber of the Committee on Banking, Housing, and Urban
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Affairs of the Senate.’’.
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SEC. 3. INVESTMENT IN SUPPLY CHAIN SECURITY.
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(a) IN GENERAL.—Section 303 of the Defense Pro-
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duction Act of 1950 (50 U.S.C. 4533) is amended by add-
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ing at the end the following:
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‘‘(h) INVESTMENT IN SUPPLY CHAIN SECURITY.—
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‘‘(1) IN GENERAL.—The President may make
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available to an eligible entity described in paragraph
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(2) payments to increase the security of supply
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chains and supply chain activities, if the President
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certifies to Congress not less than 30 days before
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making such a payment that the payment is impor-
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tant to meet national defense requirements of the
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United States.
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‘‘(2) ELIGIBLE ENTITY.—An eligible entity de-
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scribed in this paragraph is an entity that—
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‘‘(A) is organized under the laws of the
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United States or any jurisdiction within the
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United States; and
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‘‘(B) produces—
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‘‘(i) one or more critical components;
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‘‘(ii) critical technology; or
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‘‘(iii) one or more products for the in-
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creased security of supply chains or supply
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chain activities.
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‘‘(3) DEFINITIONS.—In this subsection, the
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terms ‘supply chain’ and ‘supply chain activities’
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have the meanings given those terms by the Presi-
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dent by regulation.’’.
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(b) REGULATIONS.—
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(1) IN GENERAL.—Not later than 90 days after
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the date of the enactment of this Act, the President
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shall prescribe regulations setting forth definitions
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for the terms ‘‘supply chain’’ and ‘‘supply chain ac-
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tivities’’ for the purposes of section 303(h) of the
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Defense Production Act of 1950 (50 U.S.C.
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4533(h)), as added by subsection (a).
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(2) SCOPE OF DEFINITIONS.—The definitions
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required by paragraph (1)—
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(A) shall encompass—
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(i) the organization, people, activities,
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information, and resources involved in the
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delivery and operation of a product or serv-
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ice used by the Government; or
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(ii) critical infrastructure as defined
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in Presidential Policy Directive 21 (Feb-
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ruary 12, 2013; relating to critical infra-
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structure security and resilience); and
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(B) may include variations as determined
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necessary and appropriate by the President for
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purposes of national defense.
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Æ
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