[Congressional Record Volume 166, Number 120 (Tuesday, June 30, 2020)]
[Senate]
[Page S4061]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2365. Mr. RUBIO submitted an amendment intended to be proposed to 
amendment SA 2301 proposed by Mr. Inhofe to the bill S. 4049, to 
authorize appropriations for fiscal year 2021 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 G of title XII, add the following:

     SEC. 1287. MODIFICATION OF RULES OF ORIGIN RELATING TO 
                   GOVERNMENT PROCUREMENT FOR PHARMACEUTICAL 
                   PRODUCTS.

       (a) Trade Agreements.--Section 308(4)(B) of the Trade 
     Agreements Act of 1979 (19 U.S.C. 2518(4)(B)) is amended--
       (1) in clause (i), by striking ``instrumentality, or'' and 
     inserting ``instrumentality,'';
       (2) in clause (ii)--
       (A) by inserting ``, other than an active pharmaceutical 
     ingredient,'' after ``part of materials''; and
       (B) by striking the period at the end and inserting ``, 
     or''; and
       (3) by inserting before the period at the end the 
     following: ``(iii) in the case of an article which consists 
     of an active pharmaceutical ingredient, the pharmaceutical 
     ingredient is wholly the growth, product, or manufacture of 
     that country or instrumentality''.
       (b) Federal Acquisition Regulation.--Not later than 180 
     days after the date of the enactment of this Act, the 
     President shall prescribe regulations to update sections 
     52.225-5 and 25.003 of title 48, Code of Federal Regulations 
     (or successor regulations) to be consistent with rules of 
     origin determinations for active pharmaceutical ingredients 
     made under section 308(4)(B) of the Trade Agreements Act of 
     1979 (19 U.S.C. 2518(4)(B)), as amended by subsection (a).
                                 ______