Sec. 713. INCLUSION OF DRUGS, BIOLOGICAL PRODUCTS, AND CRITICAL MEDICAL SUPPLIES IN NATIONAL SECURITY STRATEGY FOR NATIONAL TECHNOLOGY AND INDUSTRIAL BASE

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## SEC. 713 INCLUSION OF DRUGS, BIOLOGICAL PRODUCTS, AND CRITICAL MEDICAL SUPPLIES IN NATIONAL SECURITY STRATEGY FOR NATIONAL TECHNOLOGY AND INDUSTRIAL BASE ###

(a)National Security Strategy for National Technology and Industrial Base Section 2501(a) of title 10, United States Code, is amended by adding at the end the following new paragraph: > > #### “(11) > > Providing for the provision of drugs, biological products, vaccines, and critical medical supplies required to enable combat readiness and protect the health of the armed forces.” > . ###

(b)Assessment ####

(1)In general The Secretary of Defense shall include with the report required to be submitted in 2022 under section 2504 of title 10, United States Code, an appendix containing an assessment of gaps or vulnerabilities in the national technology and industrial base (as defined by section 2500(1) of such title) with respect to drugs, biological products, vaccines, and critical medical supplies described in section 2501(a)(11) of such title, as amended by subsection

(a)of this section. In carrying out such assessment, the Secretary shall consult with the Secretary of Health and Human Services, the Commissioner of Food and Drugs, and the heads of other departments and agencies of the Federal Government that the Secretary of Defense determines appropriate. ####

(2)Matters included The assessment under paragraph

(1)shall include— #####

(A)an identification and origin of any finished drugs, as identified by the Secretary of Defense, and the essential components of such drugs, including raw materials, chemical components, and active pharmaceutical ingredients that are necessary for the manufacture of such drugs, whose supply is at risk of disruption during a time of war or national emergency; #####

(B)an identification of shortages of finished drugs, biological products, vaccines, and critical medical supplies essential for combat readiness and the protection of the health of the Armed Forces (including with respect to any challenges or issues with the joint deployment formulary), as identified by the Secretary of Defense; #####

(C)an identification of the defense and geopolitical contingencies that are sufficiently likely to arise that may lead to the discontinuance, interruption or meaningful disruption in the supply of a drug, biological product, vaccine, or critical medical supply, and recommendations regarding actions the Secretary of Defense should take to reasonably prepare for the occurrence of such contingencies; #####

(D)an identification of any barriers that exist to manufacture finished drugs, biological products, vaccines, and critical medical supplies in the United States, including with respect to regulatory barriers by the Federal Government and whether the raw materials may be found in the United States; #####

(E)an identification of potential partners of the United States with whom the United States can work with to realign the manufacturing capabilities of the United States for such finished drugs, biological products, vaccines, and critical medical supplies; #####

(F)an assessment conducted by the Secretary of Defense of the resilience and capacity of the current supply chain and industrial base to support national defense upon the occurrence of the contingencies identified in subparagraph (C), including with respect to— ######

(i)the manufacturing capacity of the United States; ######

(ii)gaps in domestic manufacturing capabilities, including nonexistent, extinct, threatened, and single-point-of-failure capabilities; ######

(iii)supply chains with single points of failure and limited resiliency; and ######

(iv)economic factors, including global competition, that threaten the viability of domestic manufacturers; and #####

(G)recommendations to enhance and strengthen the surge requirements and readiness contracts of the Department of Defense to ensure the sufficiency of the stockpile of the Department of, and the ready access by the Department to, critical medical supplies, pharmaceuticals, vaccines, countermeasure prophylaxis, and personal protective equipment, including with respect to the effectiveness of the theater lead agent for medical materiel program in support of the combatant commands. ####

(3)Submission In addition to including the assessment under paragraph

(1)as an appendix to the report required to be submitted in 2022 under section 2504 of title 10, United States Code, the Secretary of Defense shall submit such appendix separately to the appropriate congressional committees. ####

(4)Form The assessment under paragraph

(1)shall be submitted in classified form. ####

(5)Definitions In this subsection: #####

(A)The term “appropriate congressional committees” means the following: ######

(i)The Committee on Appropriations, the Committee on Energy and Commerce, and the Committee on Homeland Security of the House of Representatives. ######

(ii)The Committee on Appropriations, the Committee on Health, Education, Labor, and Pensions, and the Committee on Homeland Security and Governmental Affairs of the Senate. #####

(B)The term “critical medical supplies” includes personal protective equipment, diagnostic tests, testing supplies, and lifesaving breathing apparatuses required to treat severe respiratory illnesses and distress.