II
119THCONGRESS
1
STSESSION 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
APRIL10, 2025
Mr. C
OTTONintroduced 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 Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Anyone But China 4
Safe Drug Act’’ or the ‘‘ABC Safe Drug Act’’. 5
SEC. 2. FEDERAL HEALTH PROGRAM PURCHASE OF DRUGS. 6
(a) F
EDERALHEALTHPROGRAMPURCHASE OF 7
D
RUGS.— 8
(1) I
N GENERAL.—Notwithstanding any other 9
provision of law, with respect to the purchase of a 10
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•S 1407 IS
drug by the Department of Health and Human 1
Services, the Department of Veterans Affairs, the 2
Department of Defense, or any other Federal health 3
care program (as defined in section 1128B(f) of the 4
Social Security Act (42 U.S.C. 1320a–7b(b))), the 5
following shall apply: 6
(A) Beginning on January 1, 2028, such 7
agency or program may purchase only drugs for 8
which 60 percent or more of the active pharma-9
ceutical ingredients are manufactured in coun-10
tries described in paragraph (2). 11
(B) Beginning on January 1, 2030, such 12
agency or program may purchase only drugs for 13
which 100 percent of the active pharmaceutical 14
ingredients are manufactured in countries de-15
scribed in paragraph (2). 16
(2) C
OUNTRIES DESCRIBED .—The countries de-17
scribed in this paragraph are countries— 18
(A) other than People’s Republic of China; 19
and 20
(B) that meet the health and safety stand-21
ards of the Food and Drug Administration. 22
(3) W
AIVERS.—The Secretary of Health and 23
Human Services may issue waivers of the require-24
ments under paragraph (1) for any agency or pro-25
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•S 1407 IS
gram that is unable to meet such requirements and 1
demonstrates a need for the waiver. No waiver may 2
be issued under this paragraph for drugs that are 3
purchased on or after January 1, 2031. 4
(b) L
ABELINGREQUIREMENT.—Section 502 of the 5
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352) 6
is amended by adding at the end the following: 7
‘‘(hh) If it is a drug and its labeling does not specify 8
the country of origin of each active ingredient contained 9
in the drug.’’. 10
SEC. 3. TEMPORARY 100 PERCENT EXPENSING FOR PHAR-11
MACEUTICAL AND MEDICAL DEVICE MANU-12
FACTURING PROPERTY. 13
(a) I
NGENERAL.—For purposes of section 168(k) of 14
the Internal Revenue Code of 1986, in the case of any 15
qualified pharmaceutical and medical device manufac-16
turing property which is placed in service after December 17
31, 2024, and before January 1, 2031— 18
(1) such property shall be treated as a qualified 19
property (within the meaning of such section); 20
(2) the applicable percentage otherwise deter-21
mined under section 168(k)(6) of such Code with re-22
spect to such property shall be 100 percent; and 23
(3) paragraph (8) of such section shall not 24
apply. 25
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•S 1407 IS
(b) QUALIFIEDPHARMACEUTICAL AND MEDICAL 1
D
EVICEMANUFACTURING PROPERTY.—For purposes of 2
this section, the term ‘‘qualified pharmaceutical and med-3
ical device manufacturing property’’ means any tangible 4
property placed in service in the United States as part 5
of the construction or expansion of property for the manu-6
facture of drugs (as defined in section 201(g) of the Fed-7
eral Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)) 8
or devices (as defined in section 201(h) of such Act (21 9
U.S.C. 321(h)))). 10
(c) T
ERMINATION.—This section shall not apply to 11
any property placed in service after December 31, 2030. 12
Æ
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