[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2454 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 2454

 To require reports on and investments in pharmaceutical supply chain 
  resiliency to reduce reliance on the People's Republic of China for 
finished pharmaceutical products and active pharmaceutical ingredients.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 20, 2023

 Mr. Lankford introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
 To require reports on and investments in pharmaceutical supply chain 
  resiliency to reduce reliance on the People's Republic of China for 
finished pharmaceutical products and active pharmaceutical ingredients.

    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 ``Pharmaceutical Supply Chain Security 
Act''.

SEC. 2. REPORTS ON AND INVESTMENTS IN PHARMACEUTICAL SUPPLY CHAIN 
              RESILIENCY TO REDUCE RELIANCE ON THE PEOPLE'S REPUBLIC OF 
              CHINA.

    (a) Report on Pharmaceuticals Imported From the People's Republic 
of China.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Commissioner of Food and Drugs, 
        in consultation with the United States Trade Representative, 
        shall submit to the appropriate congressional committees a 
        report that sets forth a list of--
                    (A) each finished pharmaceutical product that is 
                imported into the United States from the People's 
                Republic of China in a quantity that exceeds 20 percent 
                of the quantity of the product available for use in the 
                United States; and
                    (B) each active pharmaceutical ingredient that is 
                imported into the United States from the People's 
                Republic of China in a quantity that exceeds 20 percent 
                of the quantity of the ingredient available for use in 
                the United States.
            (2) Confidential.--The report required by paragraph (1) 
        shall be confidential and may not be disclosed to the public.
    (b) Strategy for Pharmaceutical Supply Chain Resiliency.--
            (1) In general.--The President shall develop a 
        comprehensive strategy to address the national security threat 
        posed by the control by the People's Republic of China of the 
        global supply of finished pharmaceutical products and active 
        pharmaceutical ingredients.
            (2) Elements.--The strategy required by paragraph (1) shall 
        include efforts to develop a more reliable and secure supply 
        chain for finished pharmaceutical products and active 
        pharmaceutical ingredients, including manufacturing and 
        production projects that--
                    (A) contribute to the development of a more 
                reliable and secure supply chain for such products and 
                ingredients;
                    (B) reduce reliance on the People's Republic of 
                China for such products and ingredients; and
                    (C) facilitate cooperation with the governments of 
                other countries in a concerted effort to make 
                significant strategic investments in research, 
                development, and manufacturing of such products and 
                ingredients.
            (3) Report required.--
                    (A) In general.--Not later than 180 days after the 
                date of the enactment of this Act, the President shall 
                submit to the appropriate congressional committees a 
                report on the strategy required by paragraph (1).
                    (B) Elements.--The report required in paragraph (1) 
                shall include--
                            (i) a description of the extent of the 
                        engagement of the United States International 
                        Development Finance Corporation with the 
                        governments of other countries to promote 
                        shared investment in and development of 
                        finished pharmaceutical products and active 
                        pharmaceutical ingredients; and
                            (ii) a description of the work of the 
                        United States Trade Representative to engage 
                        with the governments of those countries to 
                        decrease trade barriers for the development, 
                        production, refinement, and transportation of 
                        such products and ingredients.
    (c) Investments in Pharmaceutical Supply Chain Resiliency.--
            (1) In general.--In support of the strategy required by 
        subsection (b), the United States International Development 
        Finance Corporation shall prioritize providing support under 
        title II of the Better Utilization of Investments Leading to 
        Development Act of 2018 (22 U.S.C. 9621 et seq.) for 
        manufacturing and production of finished pharmaceutical 
        products and active pharmaceutical ingredients, including 
        projects that--
                    (A) contribute to the development of a more 
                reliable and secure supply chain for such products and 
                ingredients;
                    (B) reduce reliance on the People's Republic of 
                China for such products and ingredients; and
                    (C) facilitate cooperation with the governments of 
                other countries in a concerted effort to make 
                significant strategic investments in research, 
                development, and manufacturing of such products and 
                ingredients.
            (2) Certification requirement.--The United States 
        International Development Finance Corporation may not provide 
        support under paragraph (1) for a project relating to the 
        manufacturing or production of a finished pharmaceutical 
        product unless the entity receiving the support certifies 
        that--
                    (A) not more than 25 percent of the active 
                pharmaceutical ingredients used in the product are 
                sourced from a single country of origin that is a 
                nonmarket economy country, as defined by the Secretary 
                of Commerce; and
                    (B) the entity is not controlled, in whole or in 
                part, by an entity organized under the laws of, or 
                otherwise subject to the jurisdiction of, a nonmarket 
                economy country.
    (d) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Health, Education, Labor, and 
        Pensions, the Committee on Commerce, Science, and 
        Transportation, the Committee on Foreign Relations, and the 
        Committee on Finance of the Senate; and
            (2) the Committee on Energy and Commerce, the Committee on 
        Foreign Affairs, and the Committee on Ways and Means of the 
        House of Representatives.
                                 <all>