S.Amdt. 3155

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)).
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