Sec. 2. Report on reliance by Department of Defense on pharmaceutical products from certain countries
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Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of Health and Human Services, shall submit to the appropriate congressional committees a classified report on the reliance by the Department of Defense on imports of certain pharmaceutical products made in part or in whole in a covered country. The report required by subsection
(a)shall— analyze the percent of pharmaceutical products used by the Department of Defense that are made in part or in whole in a covered country, including— drugs; active ingredients; raw pharmaceutical components; nonprescription drugs intended for human use; and any other pharmaceutical product, or its components, as the Secretary considers appropriate; assess the products identified under paragraph
(1)to determine— whether the Department of Defense can procure the product from other sources; whether reliance by the Department of Defense on the product is likely, or has significant potential, to be used for a military, geopolitical, or economic advantage against the United States; whether reliance on the product creates a risk for the United States; and what impact there would be if access to the product was terminated; set forth recommendations to ensure that by 2025 no pharmaceutical products purchased for beneficiaries of health care from the Department of Defense or any associated program are made in part or in whole in a covered country; assess the resilience and capacity of the current supply chain and industrial base to support national defense if no pharmaceutical products purchased for beneficiaries of health care from the Department of Defense or any associated program are made in part or in whole in a covered country, including with respect to— the manufacturing capacity of the United States; gaps in domestic manufacturing capabilities, including non-existent, extinct, threatened, and single-point-of-failure capabilities; and supply chains with single points of failure and limited resiliency; set forth recommendations— to diversify supply of pharmaceutical products away from complete dependency on sources of supply in countries that are competitors of the United States or politically unstable that may cut off supply in the United States; to address critical bottlenecks in the supply of pharmaceutical products in the United States; and to mitigate single points of failure and limited resilience of supply chains for pharmaceutical products in the United States; and set forth recommendations for legislative and administrative action necessary to avoid, or prepare for, contingencies identified in the report. Concurrent with the submittal of the report required by subsection (a), the Secretary of Defense shall publish on a publicly available internet website of the Department of Defense an unclassified summary of the report. In this section: The term appropriate congressional committees means— the Committee on Armed Services, the Select Committee on Intelligence, the Committee on Finance, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Health, Education, Labor, and Pensions of the Senate; and the Committee on Armed Services, the Permanent Select Committee on Intelligence, the Committee on Ways and Means, the Committee on Financial Services, and the Committee on Energy and Commerce of the House of Representatives. The term covered country means— China; and any other country as determined by the Secretary of Defense for national security purposes. The term drug means a product subject to regulation under section 505 or section 802 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 or 382) or under section 351 of the Public Health Service Act ( 42 U.S.C. 262 ). The term nonprescription drug has the meaning given that term in section 760(a)(2) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 379aa(a)(2) ).
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Sec. 2
Report on reliance by Department of Defense on pharmaceutical products from certain countries
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