United States Pharmaceutical Supply Chain Review Act

II 117TH CONGRESS 1ST SESSION S. 1367 To require a report on foreign investment in the pharmaceutical industry of the United States. IN THE SENATE OF THE UNITED STATES APRIL 26, 2021 Ms. WARREN (for herself and Mr. RUBIO) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To require a report on foreign investment in the pharmaceutical industry of the United States. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘United States Pharma- 4 ceutical Supply Chain Review Act’’. 5 SEC. 2. REPORT ON FOREIGN INVESTMENT IN PHARMA- 6 CEUTICAL INDUSTRY. 7 (a) IN GENERAL.—Not later than one year after the 8 date of the enactment of this Act, and annually thereafter, 9 the Federal Trade Commission, in consultation with the 10 VerDate Sep 11 2014 03:12 May 22, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1367.IS S1367 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1367 IS Secretary of the Treasury acting through the Committee 1 on Foreign Investment in the United States (in this sec- 2 tion referred to as the ‘‘Committee’’), shall submit to the 3 appropriate congressional committees, the Secretary of 4 Health and Human Services, and the Commissioner of 5 Food and Drugs, a report on foreign investment in the 6 pharmaceutical industry of the United States. 7 (b) ELEMENTS.—The report required by subsection 8 (a) shall include the following: 9 (1) An assessment of— 10 (A) the supply chain of the pharmaceutical 11 industry of the United States and the effect of 12 concentration and reliance on foreign manufac- 13 turing within that industry; 14 (B) the effect of foreign investment in the 15 pharmaceutical industry of the United States 16 on domestic capacity to produce drugs and ac- 17 tive and inactive ingredients of drugs; and 18 (C) the effect of foreign investment in 19 technologies or other products for sequencing or 20 storage of DNA, including genome and exome 21 analysis, in the United States, including the ef- 22 fect of such investment on the capacity to se- 23 quence or store DNA in the United States. 24 VerDate Sep 11 2014 03:12 May 22, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1367.IS S1367 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1367 IS (2) The number of reviews and investigations 1 conducted by the Committee, in each of the 10 fiscal 2 years preceding the year in which the study is con- 3 ducted, with respect to covered transactions (as de- 4 fined in section 721(a) of the Defense Production 5 Act of 1950 (50 U.S.C. 4565(a)))— 6 (A) in the pharmaceutical industry of the 7 United States; or 8 (B) relating to the sequencing or storage 9 of DNA in the United States. 10 (3) A short description of each such review or 11 investigation, including whether the transaction was 12 approved or prohibited. 13 (c) AUTHORITY.—The Federal Trade Commission 14 shall have authority under section 6 of the Federal Trade 15 Commission Act (15 U.S.C. 46) to conduct the studies re- 16 quired to prepare the report required by subsection (a). 17 (d) PUBLICATION.—The Federal Trade Commission 18 shall publish an unclassified summary of the report re- 19 quired by subsection (a) on a publicly available internet 20 website of the Commission. 21 (e) APPROPRIATE CONGRESSIONAL COMMITTEES DE- 22 FINED.—In this section, the term ‘‘appropriate congres- 23 sional committees’’ means— 24 VerDate Sep 11 2014 03:12 May 22, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1367.IS S1367 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1367 IS (1) the Committee on Banking, Housing, and 1 Urban Affairs, the Committee on Health, Education, 2 Labor, and Pensions, the Committee on Armed 3 Services, the Committee on Foreign Relations, the 4 Committee on Commerce, Science, and Transpor- 5 tation, and the Committee on Appropriations of the 6 Senate; and 7 (2) the Committee on Financial Services, the 8 Committee on Energy and Commerce, the Com- 9 mittee on Armed Services, the Committee on For- 10 eign Affairs, and the Committee on Appropriations 11 of the House of Representatives. 12 Æ VerDate Sep 11 2014 03:12 May 22, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S1367.IS S1367 kjohnson on DSK79L0C42PROD with BILLS