[Congressional Record Volume 171, Number 131 (Wednesday, July 30, 2025)]
[Senate]
[Page S4932]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3155. Mr. SCOTT of Florida submitted an amendment intended to be 
proposed by him to the bill S. 2296, to authorize appropriations for 
fiscal year 2026 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 appropriate place in title VI, insert the following:

     SEC. 6__. REQUIREMENT FOR OVER THE COUNTER DRUGS SOLD AT 
                   COMMISSARY STORES AND MWR RETAIL FACILITIES TO 
                   BE MANUFACTURED IN THE UNITED STATES.

       (a) In General.--An over the counter drug may be sold at 
     commissary stores and MWR retail facilities only if the 
     drug--
       (1) is manufactured in the United States; and
       (2) uses active pharmaceutical ingredients and key starting 
     materials sourced from--
       (A) the United States; or
       (B) a foreign country or instrumentality designated under 
     subsection (b) of section 301 of the Trade Agreements Act of 
     1979 (19 U.S.C. 2511) for purposes of the waiver authority 
     under subsection (a) of that section.
       (b) Disclosures Required.--A contract for the purchase of 
     an over the counter drug for sale at commissary stores or MWR 
     retail facilities shall require the seller to disclose the 
     country of origin of the drug and the active pharmaceutical 
     ingredients and key starting materials used to manufacture 
     the drug.
       (c) Waiver.--The Secretary of Defense may waive the 
     prohibition under subsection (a) with respect to an over the 
     counter drug if there is no manufacturer of the drug in the 
     United States that uses active pharmaceutical ingredients and 
     key starting materials described in subsection (a)(2).
       (d) Definitions.--In this section:
       (1) Active pharmaceutical ingredient.--The term ``active 
     pharmaceutical ingredient'' has the meaning given such term 
     in section 744A(2) of the Federal Food, Drug, and Cosmetic 
     Act (21 U.S.C. 379j-41).
       (2) Key starting material.--The term ``key starting 
     material'' means a raw material, an intermediate, or an 
     active pharmaceutical ingredient that is used in the 
     production of an active pharmaceutical ingredient and that is 
     incorporated as a significant structural fragment into the 
     structure of the active pharmaceutical ingredient.
       (3) MWR retail facilities.--The term ``MWR retail 
     facilities'' has the meaning given that term in section 
     1063(f) of title 10, United States Code.
       (4) Over the counter drug.--The term ``over the counter 
     drug'' has the meaning given that term in section 340B(a) of 
     the Public Health Service Act (42 U.S.C. 256b(a)).
                                 ______