Strengthening America’s Supply Chain and National Security Act

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.)