Securing America’s Medical Supply Chain and Advancing the Production of Life Saving Medicines Act

II 116TH CONGRESS 2D SESSION S. 3942 To establish the position of Chief Pharmaceutical and Medical Supply Chain Negotiator in the Office of the United States Trade Representative, to be responsible for conducting trade negotiations and enforcing trade agreements related to acts, policies, and practices of foreign governments that fail to appropriately reward United States innovation with respect to pharmaceuticals, to advance domestic production of life-saving medi- cines, and to secure the United States medical supply chain to eliminate reliance on foreign governments, and for other purposes. IN THE SENATE OF THE UNITED STATES JUNE 11, 2020 Mrs. LOEFFLER introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To establish the position of Chief Pharmaceutical and Med- ical Supply Chain Negotiator in the Office of the United States Trade Representative, to be responsible for con- ducting trade negotiations and enforcing trade agree- ments related to acts, policies, and practices of foreign governments that fail to appropriately reward United States innovation with respect to pharmaceuticals, to advance domestic production of life-saving medicines, and to secure the United States medical supply chain to eliminate reliance on foreign governments, and for other purposes. VerDate Sep 11 2014 04:35 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\S3942.IS S3942 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 3942 IS 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 ‘‘Securing America’s 4 Medical Supply Chain and Advancing the Production of 5 Life Saving Medicines Act’’. 6 SEC. 2. CHIEF PHARMACEUTICAL AND MEDICAL SUPPLY 7 CHAIN NEGOTIATOR. 8 (a) IN GENERAL.—Section 141 of the Trade Act of 9 1974 (19 U.S.C. 2171) is amended— 10 (1) in subsection (b)(2)— 11 (A) by striking ‘‘and one Chief Innovation 12 and Intellectual Property Negotiator’’ and in- 13 serting ‘‘one Chief Innovation and Intellectual 14 Property Negotiator, and one Chief Pharma- 15 ceutical and Medical Supply Chain Negotiator’’; 16 (B) by striking ‘‘or the Chief Innovation 17 and Intellectual Property Negotiator’’ and in- 18 serting ‘‘the Chief Innovation and Intellectual 19 Property Negotiator, or the Chief Pharma- 20 ceutical and Medical Supply Chain Negotiator’’; 21 and 22 (C) by striking ‘‘and the Chief Innovation 23 and Intellectual Property Negotiator’’ and in- 24 serting ‘‘the Chief Innovation and Intellectual 25 VerDate Sep 11 2014 04:35 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3942.IS S3942 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 3942 IS Property Negotiator, and the Chief Pharma- 1 ceutical and Medical Supply Chain Negotiator’’; 2 and 3 (2) in subsection (c), by adding at the end the 4 following new paragraph: 5 ‘‘(7) The principal function of the Chief Pharma- 6 ceutical and Medical Supply Chain Negotiator shall be to 7 conduct trade negotiations and to enforce trade agree- 8 ments relating to United States pharmaceutical products 9 and services and medical supply chains. The Chief Phar- 10 maceutical and Medical Supply Chain Negotiator shall be 11 a vigorous advocate on behalf of United States pharma- 12 ceutical and medical supply chain interests. The Chief 13 Pharmaceutical and Medical Supply Chain Negotiator 14 shall perform such other functions as the United States 15 Trade Representative may direct.’’. 16 (b) COMPENSATION.—Section 5314 of title 5, United 17 States Code is amended by striking ‘‘Chief Innovation and 18 Intellectual Property Negotiator, Office of the United 19 States Trade Representative.’’ and inserting the following: 20 ‘‘Chief Innovation and Intellectual Property Nego- 21 tiator, Office of the United States Trade Representative. 22 ‘‘Chief Pharmaceutical and Medical Supply Chain 23 Negotiator, Office of the United States Trade Representa- 24 tive.’’. 25 VerDate Sep 11 2014 04:35 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3942.IS S3942 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 3942 IS (c) REPORT REQUIRED.—Not later than one year 1 after the appointment of the first Chief Pharmaceutical 2 and Medical Supply Chain Negotiator pursuant to para- 3 graph (2) of section 141(b) of the Trade Act of 1974, as 4 amended by subsection (a), and annually thereafter, the 5 United States Trade Representative shall submit to the 6 Committee on Finance of the Senate and the Committee 7 on Ways and Means of the House of Representatives a 8 report describing in detail— 9 (1) enforcement actions taken by the Trade 10 Representative during the one-year period preceding 11 the submission of the report to ensure the protection 12 of United States pharmaceutical products and serv- 13 ices and medical supply chains; and 14 (2) other actions taken by the Trade Represent- 15 ative to advance United States pharmaceutical prod- 16 ucts and services and medical supply chain interests. 17 Æ VerDate Sep 11 2014 04:35 Jun 25, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S3942.IS S3942 pbinns on DSKJLVW7X2PROD with BILLS