[Congressional Record Volume 165, Number 102 (Tuesday, June 18, 2019)]
[Senate]
[Page S3688]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 664. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill S. 1790, to authorize appropriations for fiscal year 
2020 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle C of title VII, add the following:

     SEC. 729. REPORT ON RELIANCE BY DEPARTMENT OF DEFENSE ON 
                   PHARMACEUTICAL PRODUCTS FROM CHINA.

       (a) In General.--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 China.
       (b) Elements.--The report required by subsection (a) 
     shall--
       (1) analyze the percent of pharmaceutical products made in 
     part or in whole in China, including--
       (A) drugs;
       (B) nonprescription drugs intended for human use;
       (C) active ingredients;
       (D) polymers used to build pharmaceutical products;
       (E) antibiotic drugs;
       (F) dietary supplements; and
       (G) any other pharmaceutical product, or its components, as 
     the Secretary considers appropriate;
       (2) assess the products identified under paragraph (1) to 
     determine--
       (A) whether the Department of Defense can procure the 
     product from other sources;
       (B) 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;
       (C) if reliance on the product creates a risk for the 
     United States; and
       (D) what impact there would be if access to the product was 
     terminated; and
       (3) 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 China.
       (c) Definitions.--In this section:
       (1) Antibiotic drug.--The term ``antibiotic drug'' has the 
     meaning given that term in section 201(jj) of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 321(jj)).
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Armed Services, the Select Committee 
     on Intelligence, the Committee on Finance, and the Committee 
     on Health, Education, Labor, and Pensions of the Senate; and
       (B) the Committee on Armed Services, the Permanent Select 
     Committee on Intelligence, the Committee on Ways and Means, 
     and the Committee on Energy and Commerce of the House of 
     Representatives.
       (3) Dietary supplement.--The term ``dietary supplement'' 
     has the meaning given that term in section 201(ff) of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(ff)).
       (4) Drug.--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).
       (5) Nonprescription drug.--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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