I 
116TH CONGRESS 
2D SESSION 
H. R. 6731 
To require executive agencies to purchase pharmaceuticals from the United 
States, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 5, 2020 
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 subse-
quently 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Securing America’s 
Pharmaceutical Supply Chain Act’’. 
SEC. 2. REQUIREMENT TO PURCHASE PHARMACEUTICALS 
FROM THE UNITED STATES. 
(a) IN GENERAL.—Except as provided in subsection 
(b), the head of an executive agency may only purchase 
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a covered drug if the drug is over 50 percent sourced, 
manufactured, and assembled in the United States. 
(b) EXCEPTION.—The head of an executive agency 
may waive the requirement of subsection (a)— 
(1) if the covered drug is not available in suffi-
cient quantity or quality as over 50 percent sourced, 
manufactured, and assembled in the United States; 
or 
(2) during an emergency period (as defined in 
section 1135(g)(1)(A) of the Social Security Act (42 
U.S.C. 1320b–5(g)(1)(A)). 
(c) MODIFICATIONS TO TRADE AGREEMENTS.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of the enactment of this Act, the United 
States Trade Representative shall modify United 
States product coverage under all free trade agree-
ments and the World Trade Organization Agreement 
on Government Procurement to exclude coverage of 
essential medicines and medical countermeasures. 
(2) MODIFICATION
OF
WAIVERS.—Subsequent 
to the modifications made under paragraph (1), the 
United States Trade Representative shall make any 
necessary corresponding modifications of existing 
waivers under section 301 of the Trade Agreements 
Act of 1979 (19 U.S.C. 2511). 
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(3) NOTIFICATION TO THE PRESIDENT.—Sub-
sequent to the modifications made under paragraphs 
(1) or (2), the United States Trade Representative 
shall notify the Director of the Office of Manage-
ment and Budget. 
(d) DEFINITIONS.—In this section: 
(1) COVERED DRUG.—The term ‘‘covered drug’’ 
means a drug (including the active pharmaceutical 
ingredients thereof) marketed in the United States 
pursuant to an approval or licensure under sub-
section (c) or (j) of section 505 of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 355) or under 
subsection (a) or (k) of section 351 of the Public 
Health Service Act (42 U.S.C. 262). 
(2) EXECUTIVE AGENCY.—The term ‘‘executive 
agency’’ has the meaning given that term in section 
133 of title 41, United States Code. 
(3) 
UNITED
STATES.—The 
term 
‘‘United 
States’’ means each of the several States, the Dis-
trict of Columbia, and each territory or possession of 
the United States. 
(e) SEVERABILITY CLAUSE.—If any provision of this 
Act (or the application of that provision to particular per-
sons or circumstances) is held invalid, the remainder of 
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this Act (or the application of that provision to other per-
sons or circumstances) shall not be affected. 
(f) EFFECTIVE DATE.—The provisions of this section 
shall apply beginning on the date that is one year after 
the last day of the emergency period (as defined in para-
graph (1)(B) of section 1135(g) of the Social Security Act 
(42 U.S.C. 1320b–5(g)). 
Æ 
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