I 

117TH CONGRESS 

1ST SESSION H. R. 3683 

To require executive agencies to purchase pharmaceuticals from the United 

States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 1, 2021 

Mr. STAUBER (for himself and Mr. GARAMENDI) introduced the following bill; 

which was referred to the Committee on Oversight and Reform, and in 

addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To require executive agencies to purchase pharmaceuticals 

from the United States, and for other purposes. 

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 ‘‘Securing America’s 

5 Pharmaceutical Supply Chain Act’’. 

6 SEC. 2. REQUIREMENT TO PURCHASE PHARMACEUTICALS 

7 FROM THE UNITED STATES. 

8 (a) IN GENERAL.—Except as provided in subsection 

9 (b), the head of an executive agency may only purchase 


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1 a covered drug if the drug is over 50-percent sourced, 

2 manufactured, and assembled in the United States. 

3 (b) EXCEPTION.—The head of an executive agency 

4 may waive the requirement of subsection (a)— 

5 (1) if the covered drug is not available in suffi6 cient quantity or quality as over 50-percent sourced, 

7 manufactured, and assembled in the United States; 

8 or 

9 (2) during an emergency period (as defined in 

10 section 1135(g)(1)(A) of the Social Security Act (42 

11 U.S.C. 1320b–5(g)(1)(A))). 

12 (c) MODIFICATIONS TO TRADE AGREEMENTS.— 

13 (1) IN GENERAL.—Not later than 30 days after 

14 the date of the enactment of this Act, the United 

15 States Trade Representative shall modify United 

16 States product coverage under all free trade agree17 ments and the World Trade Organization Agreement 

18 on Government Procurement to exclude coverage of 

19 essential medicines and medical countermeasures. 

20 (2) MODIFICATION OF WAIVERS.—Subsequent 

21 to the modifications made under paragraph (1), the 

22 United States Trade Representative shall make any 

23 necessary corresponding modifications of existing 

24 waivers under section 301 of the Trade Agreements 

25 Act of 1979 (19 U.S.C. 2511). 


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1 (3) NOTIFICATION TO THE PRESIDENT.—Sub2 sequent to the modifications made under paragraphs 

3 (1) or (2), the United States Trade Representative 

4 shall notify the Director of the Office of Manage5 ment and Budget. 

6 (d) DEFINITIONS.—In this section: 

7 (1) COVERED DRUG.—The term ‘‘covered drug’’ 

8 means a drug (including the active pharmaceutical 

9 ingredients thereof) marketed in the United States 

10 pursuant to an approval or licensure under sub11 section (c) or (j) of section 505 of the Federal Food, 

12 Drug, and Cosmetic Act (21 U.S.C. 355) or under 

13 subsection (a) or (k) of section 351 of the Public 

14 Health Service Act (42 U.S.C. 262). 

15 (2) EXECUTIVE AGENCY.—The term ‘‘executive 

16 agency’’ has the meaning given that term in section 

17 133 of title 41, United States Code. 

18 (3) UNITED STATES.—The term ‘‘United 

19 States’’ means each of the several States, the Dis20 trict of Columbia, and each territory or possession of 

21 the United States. 

22 (e) SEVERABILITY CLAUSE.—If any provision of this 

23 Act (or the application of that provision to particular per24 sons or circumstances) is held invalid, the remainder of 


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1 this Act (or the application of that provision to other per2 sons or circumstances) shall not be affected. 

3 (f) EFFECTIVE DATE.—The provisions of this section 

4 shall apply beginning on the date that is one year after 

5 the last day of the emergency period (as defined in para6 graph (1)(B) of section 1135(g) of the Social Security Act 

7 (42 U.S.C. 1320b–5(g)). 

Æ 


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