S.Amdt. 2365

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).
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