Sec. 305. Securing essential medical materials
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/bill/117/hr/4792/ih/section-305A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 2(b) of the Defense Production Act of 1950 ( 50 U.S.C. 4502 ) is amended— by redesignating paragraphs
(3)through
(8)as paragraphs
(4)through (9), respectively; and by inserting after paragraph
(2)the following: 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; . Section 107 of the Defense Production Act of 1950 ( 50 U.S.C. 4517 ) is amended— in subsection (a), by inserting (including medical materials) after materials ; and 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 . 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: 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: 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. An analysis of vulnerabilities to existing supply chains for such medical materials, and recommendations to address the vulnerabilities. Measures to be undertaken by the President to diversify such supply chains, as appropriate and as required for national defense. A discussion of— 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. )); 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 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. 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. 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. .
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Sec. 305
Securing essential medical materials
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