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Strengthening America’s Supply Chain and National Security Act

2/9/2022, 3:57 AM

Congressional Summary of S 3538

Strengthening America's Supply Chain and National Security Act

This bill requires the Department of Defense (DOD) and the Department of Health and Human Services (HHS) to take specified actions concerning the importation of pharmaceutical products from China and any other countries selected by DOD.

DOD must submit to Congress a classified report that addresses, among other issues, the percentage of pharmaceutical products used by DOD that are made by such countries and recommendations related to the domestic manufacturing capacity and the resiliency of the supply chain for such products. An unclassified summary of this report must be published on a DOD website.

A manufacturer of a pharmaceutical product that has received market approval must annually submit to HHS specified information about the product's active and inactive pharmaceutical ingredients, including the sources of such ingredients and the percentage of the aggregate amount of such ingredients from China and other countries selected by DOD. HHS shall provide such information to DOD.

In addition, the bill revises certain statutory tests used to determine the country of origin of a pharmaceutical product. Specifically, a pharmaceutical product shall be deemed to have the same country of origin as the product's active pharmaceutical ingredient (API). (A recent court case held that a drug manufactured in the United States using an API from India is considered a U.S.-made product for procurement purposes.)

Current Status of Bill S 3538

Bill S 3538 is currently in the status of Bill Introduced since March 19, 2020. Bill S 3538 was introduced during Congress 116 and was introduced to the Senate on March 19, 2020.  Bill S 3538's most recent activity was Read twice and referred to the Committee on Finance. as of March 19, 2020

Bipartisan Support of Bill S 3538

Total Number of Sponsors
1
Democrat Sponsors
0
Republican Sponsors
1
Unaffiliated Sponsors
0
Total Number of Cosponsors
6
Democrat Cosponsors
3
Republican Cosponsors
3
Unaffiliated Cosponsors
0

Policy Area and Potential Impact of Bill S 3538

Primary Policy Focus

Health

Potential Impact Areas

- Administrative remedies
- Asia
- China
- Congressional oversight
- Drug, alcohol, tobacco use
- Government information and archives
- Health care coverage and access
- Homeland security
- Intelligence activities, surveillance, classified information
- Intergovernmental relations
- Manufacturing
- Military procurement, research, weapons development
- Prescription drugs
- Public contracts and procurement

Alternate Title(s) of Bill S 3538

Strengthening America’s Supply Chain and National Security Act
Strengthening America’s Supply Chain and National Security Act
A bill to require the Secretary of Defense to submit to Congress a report on the reliance by the Department of Defense on imports of certain pharmaceutical products made in part or in whole in certain countries, to establish postmarket reporting requirements for pharmaceuticals, and for other purposes.

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