S.Amdt. 393

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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