II 

116TH CONGRESS 

2D SESSION S. 4191 

To require a report on foreign investment in the pharmaceutical industry 

of the United States. 

IN THE SENATE OF THE UNITED STATES 

JULY 2, 2020 

Ms. WARREN 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘United States Pharma5 ceutical Supply Chain Review Act’’. 

6 SEC. 2. REPORT ON FOREIGN INVESTMENT IN PHARMA7 CEUTICAL INDUSTRY. 

8 (a) IN GENERAL.—Not later than one year after the 

9 date of the enactment of this Act, and annually thereafter, 

10 the Federal Trade Commission, in consultation with the 


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1 Secretary of the Treasury acting through the Committee 

2 on Foreign Investment in the United States (in this sec3 tion referred to as the ‘‘Committee’’), shall submit to the 

4 appropriate congressional committees, the Secretary of 

5 Health and Human Services, and the Commissioner of 

6 Food and Drugs, a report on foreign investment in the 

7 pharmaceutical industry of the United States. 

8 (b) ELEMENTS.—The report required by subsection 

9 (a) shall include the following: 

10 (1) An assessment of— 

11 (A) the supply chain of the pharmaceutical 

12 industry of the United States and the effect of 

13 concentration and reliance on foreign manufac14 turing within that industry; 

15 (B) the effect of foreign investment in the 

16 pharmaceutical industry of the United States 

17 on domestic capacity to produce drugs and ac18 tive and inactive ingredients of drugs; and 

19 (C) the effect of foreign investment in 

20 technologies or other products for sequencing or 

21 storage of DNA, including genome and exome 

22 analysis, in the United States, including the ef23 fect of such investment on the capacity to se24 quence or store DNA in the United States. 


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1 (2) The number of reviews and investigations 

2 conducted by the Committee, in each of the 10 fiscal 

3 years preceding the year in which the study is con4 ducted, with respect to covered transactions (as de5 fined in section 721(a) of the Defense Production 

6 Act of 1950 (50 U.S.C. 4565(a)))— 

7 (A) in the pharmaceutical industry of the 

8 United States; or 

9 (B) relating to the sequencing or storage 

10 of DNA in the United States. 

11 (3) A short description of each such review or 

12 investigation, including whether the transaction was 

13 approved or prohibited. 

14 (c) AUTHORITY.—The Federal Trade Commission 

15 shall have authority under section 6 of the Federal Trade 

16 Commission Act (15 U.S.C. 46) to conduct the studies re17 quired to prepare the report required by subsection (a). 

18 (d) PUBLICATION.—The Federal Trade Commission 

19 shall publish an unclassified summary of the report re20 quired by subsection (a) on a publicly available internet 

21 website of the Commission. 

22 (e) APPROPRIATE CONGRESSIONAL COMMITTEES DE23 FINED.—In this section, the term ‘‘appropriate congres24 sional committees’’ means— 


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1 (1) the Committee on Banking, Housing, and 

2 Urban Affairs, the Committee on Health, Education, 

3 Labor, and Pensions, the Committee on Armed 

4 Services, the Committee on Foreign Relations, the 

5 Committee on Commerce, Science, and Transpor6 tation, and the Committee on Appropriations of the 

7 Senate; and 

8 (2) the Committee on Financial Services, the 

9 Committee on Energy and Commerce, the Com10 mittee on Armed Services, the Committee on For11 eign Affairs, and the Committee on Appropriations 

12 of the House of Representatives. 

Æ 


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