ABC Safe Drug Act

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

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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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