[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1367 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 1367

    To require a report on foreign investment in the pharmaceutical 
                     industry of the United States.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 26, 2021

 Ms. Warren (for herself and Mr. Rubio) introduced the following bill; 
which was read twice and referred to the Committee on Banking, Housing, 
                           and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
    To require a report on foreign investment in the pharmaceutical 
                     industry of the United States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United States Pharmaceutical Supply 
Chain Review Act''.

SEC. 2. REPORT ON FOREIGN INVESTMENT IN PHARMACEUTICAL INDUSTRY.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, and annually thereafter, the Federal Trade 
Commission, in consultation with the Secretary of the Treasury acting 
through the Committee on Foreign Investment in the United States (in 
this section referred to as the ``Committee''), shall submit to the 
appropriate congressional committees, the Secretary of Health and Human 
Services, and the Commissioner of Food and Drugs, a report on foreign 
investment in the pharmaceutical industry of the United States.
    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) An assessment of--
                    (A) the supply chain of the pharmaceutical industry 
                of the United States and the effect of concentration 
                and reliance on foreign manufacturing within that 
                industry;
                    (B) the effect of foreign investment in the 
                pharmaceutical industry of the United States on 
                domestic capacity to produce drugs and active and 
                inactive ingredients of drugs; and
                    (C) the effect of foreign investment in 
                technologies or other products for sequencing or 
                storage of DNA, including genome and exome analysis, in 
                the United States, including the effect of such 
                investment on the capacity to sequence or store DNA in 
                the United States.
            (2) The number of reviews and investigations conducted by 
        the Committee, in each of the 10 fiscal years preceding the 
        year in which the study is conducted, with respect to covered 
        transactions (as defined in section 721(a) of the Defense 
        Production Act of 1950 (50 U.S.C. 4565(a)))--
                    (A) in the pharmaceutical industry of the United 
                States; or
                    (B) relating to the sequencing or storage of DNA in 
                the United States.
            (3) A short description of each such review or 
        investigation, including whether the transaction was approved 
        or prohibited.
    (c) Authority.--The Federal Trade Commission shall have authority 
under section 6 of the Federal Trade Commission Act (15 U.S.C. 46) to 
conduct the studies required to prepare the report required by 
subsection (a).
    (d) Publication.--The Federal Trade Commission shall publish an 
unclassified summary of the report required by subsection (a) on a 
publicly available internet website of the Commission.
    (e) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Banking, Housing, and Urban Affairs, 
        the Committee on Health, Education, Labor, and Pensions, the 
        Committee on Armed Services, the Committee on Foreign 
        Relations, the Committee on Commerce, Science, and 
        Transportation, and the Committee on Appropriations of the 
        Senate; and
            (2) the Committee on Financial Services, the Committee on 
        Energy and Commerce, the Committee on Armed Services, the 
        Committee on Foreign Affairs, and the Committee on 
        Appropriations of the House of Representatives.
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