S2683-118

Introduced

To establish requirements for purchasing certain generic drugs from manufacturers who produce the drug domestically.

118th Congress Introduced Jul 27, 2023

Analysis under review: This bill has generated analysis that may be too generic or incomplete. Clause-level evidence remains available below.

Summary

What This Bill Does

The AMERICAN DRUGS Act requires federal healthcare programs (Medicare, Medicaid, CHIP, VA, and DoD) to buy only domestically-manufactured generic drugs when at least two domestic options are available. The FDA must notify these agencies when domestic alternatives exist or when supply issues arise.

Who Benefits and How

Domestic pharmaceutical manufacturers benefit significantly by gaining preferential access to the large federal healthcare market. U.S.-based generic drug producers will face reduced competition from foreign manufacturers for government contracts. American pharmaceutical workers benefit from increased domestic production demand.

Who Bears the Burden and How

Foreign generic drug manufacturers (particularly in India and China) lose access to federal healthcare program sales when domestic alternatives exist. Federal healthcare programs may face higher drug costs if domestic generics are priced higher than foreign alternatives. Taxpayers may bear increased costs for government healthcare programs.

Key Provisions

  • Medicare Part B and Part D can only cover domestically-manufactured generic drugs after January 1, 2025
  • Medicaid and CHIP must exclude foreign-made generics when domestic alternatives exist
  • VA and DoD procurement limited to domestically-manufactured generics
  • FDA must expedite review of applications for domestic generic drugs with limited domestic competition

Evidence Chain:

This summary is generated from the full bill text using AI analysis. Expand "Detailed Analysis" below for identified beneficiaries/burden bearers.

At a Glance

What This Bill Does

Establishes Buy American requirements for generic drug procurement by federal healthcare programs including Medicare, Medicaid, CHIP, VA, and DoD

Key Policy Areas

Healthcare, Pharmaceuticals, Government Procurement, Domestic Manufacturing

Primary Purpose

Establishes Buy American requirements for generic drug procurement by federal healthcare programs including Medicare, Medicaid, CHIP, VA, and DoD

Policy Domains

Healthcare Pharmaceuticals Government Procurement Domestic Manufacturing

Whole Bill - AMERICAN DRUGS Act

Identified Gains
Contextual inference, no direct clause citation
  • Domestic generic drug manufacturers
  • U.S. pharmaceutical workers
  • American generic drug producers
Model: N/A | Version: bill_summary_v2 | Source: is

Contextual inference, no direct clause citation

Identified Costs
Contextual inference, no direct clause citation
  • Foreign generic drug manufacturers
  • Federal healthcare programs
  • Taxpayers
Model: N/A | Version: bill_summary_v2 | Source: is

Contextual inference, no direct clause citation

Legislative Progress

Introduced
Introduced Committee Passed
Jul 27, 2023

Mr. Scott of Florida introduced the following bill; which was …

Stakeholder Effects

cui bono?

How this legislation distributes effects. Mention counts reflect frequency, not effect magnitude.

Manufacturing
16 mentions across 9 clauses
+9 positive -7 negative

Domestic generic drug manufacturers, Domestic generic drug manufacturers seeking FDA approval, Foreign generic drug manufacturers

Positive-direction: Domestic generic drug manufacturers, Domestic generic drug manufacturers seeking FDA approval

Negative-direction: Foreign generic drug manufacturers

Government
4 mentions across 4 clauses
-4 negative

Department of Defense, Department of Veterans Affairs, FDA (Food and Drug Administration)

State & Local Government
1 mention across 1 clause
-1 negative

State Medicaid agencies

10/10
sections analyzed
Full impact breakdown

Bill Structure & Actor Mappings

Who is "The Secretary" in each section?

Domains
Healthcare Pharmaceuticals Government Procurement
Actor Mappings
"the_secretary"
→ Secretary of Health and Human Services (primary); Secretary of Defense (DoD sections); Secretary of Veterans Affairs (VA sections)
"the_commissioner"
→ Commissioner of Food and Drugs
"the_administrator"
→ Administrator of the Centers for Medicare & Medicaid Services

Note: 'The Secretary' refers to different Secretaries depending on context: HHS (FDA provisions), Defense (DoD provisions), or Veterans Affairs (VA provisions)

Key Definitions

Terms defined in this bill

2 terms
"generic drug manufactured domestically" §2(b)

A drug approved under section 505(j) of the Federal Food, Drug, and Cosmetic Act for which there is at least one establishment registered under section 510(b)(1) engaged in manufacture of the finished dosage form in the United States

"foreign-made generic covered outpatient drug" §5(d)(8)(B)

A covered outpatient drug that is approved under section 505(j) of the Federal Food, Drug, and Cosmetic Act and is not a generic drug manufactured domestically

We use a combination of our own taxonomy and classification in addition to large language models to assess meaning and potential beneficiaries. High confidence means strong textual evidence. Always verify with the original bill text.

Learn more about our methodology