[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2575-S2576]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 393. Mr. LANKFORD submitted an amendment intended to be proposed 
by him to the bill S. 2226, to authorize appropriations for fiscal year 
2024 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 D of title XII, add the following:

     SEC. 1269. 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.--Not later than 180 days after the date of 
     the enactment of this Act, the Commissioner of

[[Page S2576]]

     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--
       (1) 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
       (2) 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.
       (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 development projects, production technologies, 
     and refining facilities for 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 the other countries of the 
     Quadrilateral Security Dialogue 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 government 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 development projects, production technologies, 
     and refining facilities for 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, and the Committee on Finance of the Senate; 
     and
       (2) the Committee on Energy and Commerce and the Committee 
     on Ways and Means of the House of Representatives.
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