119-s1407

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1407 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 1407

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 SENATE OF THE UNITED STATES

 April 10, 2025

 Mr. Cotton introduced the following bill; which was read twice and 
 referred to the Committee on Finance

_______________________________________________________________________

 A BILL

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 ``Anyone But China Safe Drug Act'' or 
the ``ABC Safe Drug Act''.

SEC. 2. FEDERAL HEALTH PROGRAM PURCHASE OF DRUGS.

    (a) Federal Health Program Purchase of Drugs.--

    (1) In general.--Notwithstanding any other provision of 
 law, with respect to the purchase of a drug by the Department 
 of Health and Human Services, the Department of Veterans 
 Affairs, the Department of Defense, or any other Federal health 
 care program (as defined in 

section 1128B

    (f) of the Social 
 Security Act (42 U.S.C. 1320a-7b

    (b) )), the following shall 
 apply:
        (A) Beginning on January 1, 2028, 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, 2030, 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 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, 2031.

    (b) 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:
 ``

    (hh) 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, 2024, and before January 1, 2031--

    (1) such property shall be treated as a 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 devices (as defined in 

section 201

    (h) of such Act 
(21 U.S.C. 321

    (h) ))).
            (c) Termination.--This section shall not apply to any property 
placed in service after December 31, 2030.
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