[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7121 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 7121
To require the Secretary of Health and Human Services to maintain a
list of the country of origin of all drugs marketed in the United
States, to ban the use of Federal funds for the purchase of drugs
manufactured in the People's Republic of China, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 17, 2022
Mr. Gallagher (for himself, Ms. Stefanik, Ms. Cheney, Mr. Budd, Mr. Van
Drew, Mrs. Hartzler, and Mr. Posey) introduced the following bill;
which was referred to the Committee on Energy and Commerce, and in
addition to the Committees on Ways and Means, Veterans' Affairs, and
Armed Services, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To require the Secretary of Health and Human Services to maintain a
list of the country of origin of all drugs marketed in the United
States, to ban the use of Federal funds for the purchase of drugs
manufactured in the People's Republic of China, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting our Pharmaceutical Supply
Chain from China Act of 2022''.
SEC. 2. COUNTRY OF ORIGIN OF DRUGS.
(a) In General.--Subchapter A of chapter V of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by adding at
the end the following:
``SEC. 524B. REGISTRY OF DRUGS PRODUCED OUTSIDE THE UNITED STATES.
``(a) In General.--The Secretary shall compile and maintain a list
of all drugs approved under subsection (c) or (j) of section 505 of
this Act or licensed under subsection (a) or (k) of section 351 of the
Public Health Service Act, and any active ingredients in such drugs,
that--
``(1) are manufactured outside of the United States; and
``(2) are determined by the Secretary to be critical to the
health and safety of consumers in the United States.
``(b) Additional List.--In conjunction with the list described in
subsection (a), the Secretary shall compile and maintain a list of
drugs included on such list that are exclusively produced in, or use
active or inactive ingredients produced in, the People's Republic of
China.
``(c) Requirement.--The list described in subsection (a) shall,
with respect to each drug included on the list, provide information
about the supply chain of the drug, including each step in the supply
chain that occurs prior to importation of the drug into the United
States.''.
(b) Federal Health Program Purchase of Drugs.--
(1) In general.--Notwithstanding any other provision of
law, the Department of Health and Human Services, the
Department of Veterans Affairs, the Department of Defense, and
any other Federal health care program (as defined in section
1128B(f) of the Social Security Act (42 U.S.C. 1320a-7b(b))),
with respect to the purchase of a drug by such agency or
program, the following shall apply:
(A) Beginning on January 1, 2023, such agency or
program may purchase only drugs for which 60 percent or
more of the active pharmaceutical ingredients are
manufactured in countries described in paragraph (2).
(B) Beginning on January 1, 2024, such agency or
program may purchase only drugs for which 100 percent
of the active pharmaceutical ingredients are
manufactured in countries described in paragraph (2).
(2) Countries described.--The countries described in this
paragraph are countries--
(A) other than the People's Republic of China; and
(B) that meet the health and safety standards of
the Food and Drug Administration.
(3) Waivers.--The Secretary of Health and Human Services
may issue waivers of the requirements under paragraph (1) for
any agency or program that is unable to meet such requirements
and demonstrates a need for the waiver. No waiver may be issued
under this paragraph for drugs that are purchased on or after
January 1, 2026.
(c) Labeling Requirement.--Section 502 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 352) is amended by adding at the end the
following:
``(gg) If it is a drug and its labeling does not specify the
country of origin of each active ingredient contained in the drug.''.
SEC. 3. TEMPORARY 100 PERCENT EXPENSING FOR PHARMACEUTICAL AND MEDICAL
DEVICE MANUFACTURING PROPERTY.
(a) In General.--For purposes of section 168(k) of the Internal
Revenue Code of 1986, in the case of any qualified pharmaceutical and
medical device manufacturing property which is placed in service after
December 31, 2019, and before January 1, 2027--
(1) such property shall be treated as qualified property
(within the meaning of such section),
(2) the applicable percentage otherwise determined under
section 168(k)(6) of such Code with respect to such property
shall be 100 percent, and
(3) paragraph (8) of such section shall not apply.
(b) Qualified Pharmaceutical and Medical Device Manufacturing
Property.--For purposes of this section, the term ``qualified
pharmaceutical and medical device manufacturing property'' means any
tangible property placed in service in the United States as part of the
construction or expansion of property for the manufacture of drugs (as
defined in section 201(g) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 321(g))) or medical devices (as defined in section 201(h) of
such Act (21 U.S.C. 321(h))).
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