S. 1407: ABC Safe Drug Act

Anyone But China Safe Drug Act or the ABC Safe Drug Act

This bill restricts federal health care programs from purchasing drugs with active ingredients manufactured in China and provides tax incentives for the purchase of certain pharmaceutical and device manufacturing property for use in the United States.

The bill phases in restrictions on federal health care programs’ purchase of drugs. By January 1, 2030, federal health care programs may not purchase any drug that contains active ingredients from China or countries that do not meet the health and safety standards of the Food and Drug Administration. The Department of Health and Human Services may issue a waiver for an agency or program that is unable to meet this requirement; this waiver authority expires in 2031.

The bill also requires all drugs to be labeled with the country of origin of each active ingredient in the drug. Drugs that are not labeled with this information are deemed misbranded.

Finally, the bill allows 100% tax expensing for qualified pharmaceutical and medical device manufacturing property placed in service between 2025 and 2030. Qualified pharmaceutical and medical device manufacturing property is any tangible property placed in service in the United States as part of the construction or expansion of property for the manufacture of drugs or devices.