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Senate · Hearing transcript

Hearings to examine foreign dependence, focusing on China and America's drug supply.

Wednesday, March 11, 2026

Summary

  • Rosemary Gibson (Author, ChinaRX) revealed Pentagon testing found 15% of 13 generic drugs failed quality standards, including thallium and arsenic contamination.
  • Gordon G. Chang (Author, Plan Red: China’s Project to Destroy America) warned China views itself at war with America and could weaponize its pharmaceutical monopoly.
  • Tommy Tuberville pressed Gibson on China's FDA circumvention, and Gibson said Beijing blocks transparency and quality data should drive procurement.
  • Rick Scott and Sen. Gillibrand (D-NY) agreed the U.S. must reshore essential generics and advanced the Clear Labels Act for supply-chain transparency.
  • Rick Scott closed by pledging procurement reform and domestic manufacturing legislation, warning seniors face deadly shortages if Chinese dependence continues.

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Hearing Details

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Transcript

Sen. Scott (FL)16:45 – 21:05

The US special committee on aging will now come to order. What if I told you that communist China, an adversary of the United States, and they made that decision, has sole control of the building blocks of many of the medicine seniors Americans rely on, completely dependent on. I'm not just talking about a few medicines, I'm talking about our antibiotics, our diabetes drugs, our blood pressure medications, essential life-saving medicines found in every hospital, every pharmacy, and every medicine cabinet in this country. This isn't speculation, it's a reality. Xi Jinping and his thugs in the CCCP have decided to be our enemies, and they're controlling the very medications our families rely on to live happy, healthy lives. Today's hearing is about getting to the bottom of why this is the case. I want to be very clear. It didn't happen because Communist China was clever or lucky. This happened because Washington was negligent, lobbyists are powerful, and politicians in both parties chose cheap over safe. For thirty years, we watched Communist China's government and its leaders execute a deliberate, documented, publicly stated plan to capture the global drug supply chain. They weren't trying to hide it, the signs were obvious, and our government did absolutely nothing to stop it. As a matter of fact, politicians created regulatory barriers and enacted policies that pushed manufacturing overseas and right into the CCP's hands. This committee has spent the last six months exposing this threat and building this case piece by piece hearing by hearing. In September, we exposed how our dependence on foreign generics is threatening drug safety and availability for American patients. In October, to examine solutions and discuss ideas like procurement reform and supply chain transparency. In November, we had American manufacturers testify what a rebuilt domestic industry could actually look like. In January, along with ranking member Gillibrand and several members of this committee, introduced the Clear Labels Act to inject transparency into our drug supply chain. Because the American people have a right to know whether drugs and the medicines keeping their mothers fathers and childrens alive come from. We have written to the FTA and the Secretary of HSS H HHS. We have written to drug distributors and group purchasing organizations, demanding answers about their foreign sourcing. We have written to Secretary Hedgeseth about what depends on communist China means for the health and readiness of our troops. We have even published an investigative report that documents in plain terms what decades of offshoring has done to the American drug manufacturing industry. Over the last twenty-four years, domestic production has collapsed. Dropping from eighty four percent of the US market in two thousand two, eighty four percent, to just thirty seven percent today. Eighty percent of APIs used in these essential medicines have no US source whatsoever. Think about that, eighty percent. During COVID-nineteen, the Chinese government nationalized its own medical supplies production turned off the exports turned off the exports and decided which country's got lifesaving drugs based on politics. Thirty-seven Chinese factories that made ingredients for American drugs shut down during the pandemic. US hospitals and healthcare workers fighting to keep Americans alive, ran out of sedatives, antibiotics and cancer drugs. That was a taste what it looks like when you let an adversary control your supply of essential medicines. Should serve as a warning to all of us, if we just sit here, hold this hearing, thank our witnesses and go home without acting, it will happen again, but worse. We didn't come here today to preside over another Washington exercise when all we do, when where all we do is identify the problem and then pat ourselves on the back for a nice hearing. This committee has been working since day one to sound the alarm, talk to experts and present real solutions to fix the problem. I hope today will be a moment that alarm becomes impossible to ignore. To all the members of this committee and all congressional colleagues, let's continue to work together to fix this problem. Let's find a path forward that will protect American patients and American lives, the lives of our constituents. And I'd like to recognize ranking member Gillibrand for her opening statement.

Sen. Gillibrand (NY)21:06 – 24:21

Thank you, Chairman Scott, and thank you to our witnesses being here today. As this committee continues to investigate the generic drug supply chain, its safety, its quality, there is one refrain that is repeated at each hearing. And that is that the United States has become reliant on China and India for key ingredients to manufacture generic drugs, active pharmaceutical ingredients, and key starting materials. A combination of factors has led to China's dominance in this space. Subsidies provided by the Chinese government, lax environmental regul regulations, and lower costs of labor. But China is not the sole reason that the United States is reliant on foreign manufacturers for these critical chemicals. Underlying market factors in the United States have led to a race to the bottom, where incentives for manufacturers are solely based on cost and not quality. While amongst all of the generic drugs that Americans take are while amou- sorry while almost all of the generic drugs that America takes is safe, Congress must empower the FDA to conduct rigorous oversight to make sure foreign manufacturers' with our safety standards. Congress must also work with industry to move away from costs being the only factor for purchasing. We must also incentivize manufacturers and purchasers to consider quality when they are sourcing active pharmaceutical ingredients and final dose form medicines. While the United States has unfortunately ceded much territory regarding the generic drug supply chain, There's st- there's still steps we can take to re-shore or friend-shore for sourcing. However, the United States must keep our global leadership in biopharmaceutical innovation. China has rapidly scaled up their innovation for these novel medicines and therapies. They've reformed their clinical trial system, invested government funding into development, and improved coordination between early research and commercial scale manufacturing. While the United States does not need to replicate the steps that the Chinese government has taken exactly, we have to realize that China is moving at a much faster pace than we are. The United States has been the standard bearer for clinical innovation for decades. It would be a detriment to our global leadership if we let China surpass us in innovation. I look forward to working with my fellow members of Congress to ensure that emerging biotechnology and innovation is supported in a way that incentivizes these companies to stay in the United States. I also urge my colleagues in Congress to adopt recommendations laid out by the National Security Commission on emerging biotechnology. Congress has the road map to continue our global leadership in biopharmaceutical innovation, and we must recognize this sector for the asset that it is. I look forward to continuing this robust conversation today And I look forward to collaborating with my colleagues across the aisle on this incredibly important issue.

Sen. Scott (FL)24:23 – 24:49

Thank you, ranking member Gillibrand. Next, I'd like to welcome our witnesses. They're experts on communist China and supply chains, and they can explain how we got here and what we can do to address our reliance on the CCP. First, I'd like to welcome a fellow Floridian, Congressman Ted Yoho, served in Congress for eight years, formerly chairing the House Foreign Affairs Subcommittee on Asia and the Pacific. Thank you for coming, and well, and I uh look forward to hearing your testimony.

Ted Yoho (Witness)24:53 – 29:38

Chairman Scott and Ranking Member Gillibrand, thank you for the opportunity to address your committee on this important and timely topic. The integ- integrity of pharmaceuticals consumed by Americans, especially our seniors, must be of the highest standards in quality, purity, and effectiveness, and free of adulteration from toxins and cancer-causing substance substances, that cause illness or death. The responsibility lies with the pharmaceutical companies and US government agencies like the Food and Drug Administration and the offices, uh, or the Office of the United States Trade Representative. The medical community, including drug retail outlets, insurance companies, hospitals, and doctors, all share the responsibility of ensuring medications are of the highest standards. China took advantage of the US self-inflicted wounds, which was caused by overly burdensome regulations, tax policies imposed by the US government, as well as by corporations seeking higher profits to appraise uh to appease boardrooms and investors. China enticed US manufacturers to their shores with the lure of low taxes, lax regulations, cheap labor, and a one point four billion person market. However, the cost to drug makers, the danger to the US consumers, and the vulnerability to US national security were missed. Drug makers soon realized they were subject to Chinese rules, laws, patent agreements. They were required to have Chinese Communist Party members on their boards and relinquish up to forty fifty-one percent of their companies, to state-owned emmer enterprises. Corporations must give up their drug formula for approval. If not surrendered freely, they're stolen. Chinese companies then spring up, creating the exact s- same drug and selling it below cost. As a result, US manufacturers cannot compete and are forced to leave the market. The result is that China controls the world market, price and supply chain. This is a national security risk and a health risk to our country. As detrimental as that is, it gets worse. China does not adhere to or practice the good manufacturing practices set by the FDA, nor do they follow the standards set by US Pharmacopoeia, a two hundred year old US organization that establishes requirements for pharmaceutical manufacturers. to ensure the purity, quality and effectiveness of the medicines US consumers take. This results in adulterated products, products entering our markets that have been documented to contain toxins, cancer-causing agents like Nitrose dimethylamine, melanin, tainted heparin, or ineffective medications causing treatment failures or death. These and many other examples are well covered in Rosemary Gibson's book, China Rx two sixteen, uh printed in twenty sixteen. Pharm- pharmaceuticals are made from key starting materials and active pharmaceutical ingredients that create the final dose form. China controls thirty to sixty percent on many of these components, and up to one hundred percent on others. With this control over the raw ingredients in our drugs, it's easy to see how China has positioned themselves to control much of the US and world's drug market. The solution, change US policies. First, We must require all manufacturers and countries wishing to sell or import drugs into the US market, to meet the same FDA inspections as US manufacturers. That means an unannounced, twenty-four seven inspection, this is non-negotiable. Congress must create laws requiring all nations producing pharmaceuticals for sale in the US to meet US FDA inspections. Second, we must encourage US manufacturers to move back to the US with a combination of investment, tax incentives, trade policies and tariffs. President Trump's four executive orders have already brought back millions of dollars of pharmaceutical manufacturing investment to our shores. Third, we must require quality and purity inspections that adhere to USP, Inc.'s gold standard for drug manufactured in or entering the US. Fourth, we must forbid the FDA from relaxing regulations when drug shortages occur. Permitting this willingly allows inferior products to be sold, to and consumed by US military and citizen populations. Last, we must require all medicines for our military to be one hundred percent US made, from the KSM's APIs to the final dose store stage. The role of the pharmacy uh pharmacy benefit managers needs to be re-evaluated. Failure to address the nation's pharmaceutical dependency on China or any other nation jeopardizes our national security and our citizens' health security and it cannot be accepted. And I yield back and look forward to your questions.

Sen. Scott (FL)29:41 – 29:57

Thank you, Congressman. Uh, now I'd like to welcome Mister Gordon Chang, who has decades of experience as an author and commentator on the CCP. Uh, Mister Chang has briefed our nation's top leaders and written extensively about the CCP. Uh, thank you for being here, and thank you for your wife being here, Lydia.

Gordon G. Chang (Witness)29:58 – 35:00

Chairman Scott, Ranking Member Gillibrand, and distinguished members of the committee. I am honored to be here, and thank you so much for the opportunity to appear today. China, as we just heard, has monopolies over many of our pharmaceuticals. And the question is, what's at stake? And the reason why this is so important is because China could deny these medications to us. This statement needs context. China's regime believes it's at war with us. In May two thousand nineteen, People's Daily, the most authoritative publication in China, in a landmark editorial, declared a people's war on us. March twenty twenty three, PLA Daily, the official publication of the Chinese military, defined people's war as total war. And China, to win this war, and they are serious, China to win this war has a doctrine of unrestricted warfare. In nineteen ninety nine, two Chinese Air Force colonels wrote a book by that title, and they argued that China could adopt any tactic to take down the United States. So unrestricted means unrestricted. China, we know, has weaponized its near-monopoly over rare earths in the trade discussions, but it hasn't weaponized its one hundred percent monopoly, hundred percent monopoly on the production of pharmaceuticals. But this is not just a theoretical threat. Because in March of twenty twenty, during the COVID epidemic, the Chinese regime threatened to throw the United States into what it called a mighty sea of coronavirus by cutting off um pharmaceuticals and other items that were needed during the epidemic. China we know has um monopoly on many of these, so for instance a hundred of America's most used antibiotics uh sorry um um uh pharmaceuticals, they require ingredients um that are made in in only one Chinese factory, a hundred pharmaceuticals only one Chinese factory. India, the other heavyweight production uh center for generics, they get eighty percent of their active pharmaceutical ingredients from China. And with regard to the key starting materials, forty-five percent of them are produced only in China. Generics are especially important because ninety-one percent of all US prescriptions are filled with them. the generics, they are produced in China as well. Eighty-three percent of the top generics are produced only in China. China is the supplier of at least one of the key starting materials for six hundred and seventy-nine of the active pharmaceutical ingredients. The Defense Department in twenty twenty three um issued a report that showed that twenty-seven percent of the medications it used were one hundred percent dependent on China. And antibiotics, as we just heard, is a particular American vulnerability. So for instance, the most widely used antibiotic in America is made from four separate key starting materials that are produced almost entirely in China. And America gets forty-five percent of its penicillin. That comes from China as well. FDA officials told us that they did not enforce America's standards on the um importation of foreign-made pharmaceuticals because they said, if they did that, it would cause severe shortages here. We know how we got into this prediction predicament. It was China's predatory trade policies, but it was also in America, in America that thought manufacturing was no longer important. And also thought that the nature of regimes was no longer important. We know that in emergencies, foreign countries, even our friends will hoard medications. And that happened in the two thousand nine swine flu epidemic, for instance. So of course we need to unsure our production. And to do that, we need to impose section two thirty two tariffs, invoke the Defense Production Act, enhance the investment tax credit for the production of medications, require the federal government to buy American-made pharmaceuticals and authorized federally backed loans for pharmaceutical production. Senators, we do not have a moment to lose. Thank you.

Sen. Scott (FL)35:02 – 35:27

Thank you, Mr. Chang. Our next witness is a leading author and expert on communist China and the drug and drug quality issues. Rosemary Gibson is the author of China Rx a book that outlines our dependence on communist China for drugs and ingredients. She has been recognized for her work, including receiving the highest honor for the Medic- American Medical Writers Association. Ms. Gibson, thank you for being here. You please begin your testimony.

Rosemary Gibson (Witness)35:28 – 40:29

Uh, thank you, Chairman Scott, and uh, thank you, Ranking Member Gillibrand. ChinaRx was the first to expose how dependent the United States is on a single country. It also exposed that other countries like India are highly dependent. on China also. So all roads lead to the same source. My comments today are on generic medicines because they are so prominent in our supply chain. The centralization of the global supply in a single country is so open to catastrophic failure. An export ban would turn our healthcare system into chaos. And an export ban is not hypothetical. In June twenty twenty five last year, a statement came out of China, this was during the trade negotiations. And it was said that if China chose to restrict pharmaceutical raw materials from the United States, the situation in the US would be much worse than it is for critical minerals. We have been warned, and we have no time to waste. Today I'm uh very pleased to share with you the findings of the Department of War first uh generic drug testing program which highlights uh quality concerns in our medicine supply for the first time we have data on how well our generic drugs are made, and whether they meet our standards. The Department of War's uh work started in twenty nineteen when I was invited to the DLA and I asked them a question do you test your medicines? And so it began. The Department of War's work followed on the heels of Kaiser Health Plan, which started testing generic drugs right beforehand. Here are some of the highlights of the testing program to date. So far, thirteen different generic drugs have been tested, all the different mac- manufacturers and repackagers. Fifteen percent of what has been tested. fail basic quality standards. In any industry, products with fifteen percent manufacturing defects, it would be shut down. Here are some of the test findings. For people who are recipients of organ transplants, they their lives depend on taking a drug to prevent organ rejection. Some of those products were not manufactured right, they don't work right, and r- very reputable physicians believe patients have died as a result. Testing has found toxins including thallium, which is known as the poisoner's poison in some products, and then arsenic, lead, and carcinogens. Thirty years ago when we used to make generic drugs here for the most part, people would go to prison for this. The testing team led by the independent laboratory, we welcome the opportunity to brief um members of the committee on the full details all these the thirteen generic drugs. So what do we do? I have three recommendations. The first, as alluded to, we it's absolutely essential that a country that's a superpower have the capacity to make its own antibiotics. China Rx was the first to expose that we have no capacity to make antibiotics end-to-end here. We have no sovereignty and our survival is at risk. Let's do what we've done with critical minerals and bring that manufacturing back home now, and not only for antibiotics, but the most essential generics that are essential to st- sustain life. And there are a lot of good people in this country waiting on the sidelines to help do that. Second, the federal departments of HHS, the VA, and Department of War should be directed to use the quality data in their procurement decisions. When they do that, that quality is correlated with location. that will automatically, if we use the quality data, drive out sub-standard generics that are typically made in Asia. And it would support US manufacturers who would be able to enter and supply quality medicines uh to our military and veterans. And finally we have to go right to the tip of the spear and where the root cause of this is. There's a handful of US companies that source all the generics that are distributed in this country. And they scour the earth looking for the cheapest. Now going forward it's imperative that they are held accountable for quality, and not just cost. And the narrative that all generics are the same today, with this data shows, it's not true. Once again, we welcome the opportunity to brief the full committee on these findings, which we believe are game-changing. A total of forty-two drugs will be tested, and we look forward to the opportunity for this to really transform. our um drug supply system. Thank you.

Sen. Scott (FL)40:29 – 40:34

Thank you, Miss Gibson, now I'd like to recognize ranking member, uh Gillibrand to introduce the next witness.

Sen. Gillibrand (NY)40:35 – 41:10

Thank you, Mister Chairman, I want to move to introduce our next witness, Doctor Chan um Harj Harjivan Harjivan um Mister Harjivan uh Doctor Harjivan is visiting fellow with the Duke Margolis Institute for Health Policy. Previously he was a special assistant to the White House where he reported directly to President Biden, working to strengthen the nation's readiness for biological threats. He was a key architect of Operation Warp Speed, the historic federal initiative developed uh to develop the COVID-19 vaccine. You may begin.

Sen. Scott (FL)41:11 – 41:12

Thank you. Chairman Scott.

Chan Harjivan (Witness)41:14 – 46:02

Chairman Scott, Ranking Member Jill Brand, and members of the committee, thank you for this opportunity to testify. Much of the discussion around pharmacy pharmaceutical supply chains have focused on admiring the problem, as Ranking Member um as Chairman Scott has mentioned. Foreign dependence, shortages, and market failure. Now, sound policy changes are being proposed, but today I would like to focus on an integrated solution set. America still has the world's largest pharmaceutical market, flexible allocation of capital, and the strongest research system with unparalleled talent. What we need is alignment between policy, markets, and resilience. In my view, America and its democratic allies should pursue what I call an allied life sciences platform. a strategy built around five mutually reinforcing pillars. First, know the chain. We cannot manage risk in a supply chain that we cannot see. Congress should require auditable end-to-end supply chain mapping. This is not about burdensome reporting. Much of this information already exists and it aligns with other industries and other country standards. What we need are common data frameworks and enforcement mechanisms that allow government and industry to v- identify vulnerabilities bef- before they become shortages or depend- dependencies. Transparency is the foundation of flexibility. Second, buy resilience. The second pillar is about providing predictability to makers of drugs. Federal purchasers, including the DOD, the VA, and CMS reimbursement systems, shape a significant share of a, of the pharmaceutical demand. They should reward supply redundancy, quality manufacturing, surge capacity, and geographic diversification. And in fact, Predictable co- contracts can lower the price for medications, not increase them. In general, I've always been struck by how these buyers seem not to understand how stable and reliable demand signals are valuable to their suppliers and enable them to build more efficient processes. Analysis by Rio's partners highlights a significant opportunity to strengthen procurement efficiency within the VA, as hospitals often purchase identical products at widely varying prices, often exceeding those paid by private sector providers. This is costing taxpayers hundreds of millions a year, while not securing the supply chain or serving patients optimally. If the DOD and the VHA don't value security of medical supply chain for the warfighter or veterans, who will? Third, build capacity at home and with allies. The goal should not be complete reshoring of global pharmaceutical production or creating trade barriers. That would be unrealistic and unnecessary. Instead, the United States should maintain domestic manufacturing capacity for a few essential medicines, while building a trusted supply network. Powerhouses such as India, South Africa, Sa- Canada, Europe and Japan already play critical roles in the global pharmaceutical system. Let's work with them to eliminate choke points and the same time lower costs. Fourth, win the biotech stack. The fourth pillar looks forward. Competition in life sciences increasingly spans the entire innovation pipeline, from AI in AI enabled discovery to clinical trials to advanced manufacturing. When I started consulting in two thousand, The cost to develop a drug was five hundred million dollars. In two thousand ten, it was one point, it's one billion. It's now two billion. We are not efficiently developing or harnessing technological innovation in drug development. The United States should invest in and enforce standards that catalyze technologies. The country that defines the architecture and sets standards will own the AI biology industrial revolution. We don't want to win the generic supply chain battle and lose the global war in life sciences. Fifth, mobilize long-duration capital, the final pillar. We must address the capital gap between scientific discovery industrial and industrial scale in the US. The implication is stark. A Chinese biotech asset is profitable at two hundred million. An American equivalent is considered a failure unless it hits one billion. This imbalance transformed the entire calculus of capital allocation. One idea to address this is the creation of strategic research investment vehicles, mission-oriented, professionally governed investment vehicles, designed to deploy existing long-term institutional capital into critical biotechnology platforms in manufacturing capacity. These entities would complement private venture markets by financing the hard middle between laboratory discovery and industrial scale-up, without a taxpayer funding. Let me close with three imperatives. First, if we improve supply chain visibility and reward resilience economically the private sector will deliver. This is easy. Second, the United States does not need to produce every medicine domestically, but together with trusted allies, we can eliminate systemic vulnerabilities. This is common sense. And the third, the larger strategic competition is not simply about today's drug supply chains. It is about who leads the life sciences platform for the twenty-first century. This is existential. For the past hundred years, United States and its allies built that platform. With the right strategy, we can continue to lead it. Thank you, and I look forward to your questions.

Sen. Scott (FL)46:06 – 46:13

Thank you, our Commander Gillibrand, Mister Hodgman, we are appreciate you joining us today. Let's go to questions. Let me uh start with uh Senator Topofil.

Sen. Tuberville (AL)46:16 – 46:43

Thank you, Mr. Chairman. Thank you for this, this hearing. Can't get any more important than this. Uh, Miss Gibson, it's becoming common knowledge that for whatever reason, China's often able to circumvent the FDA when producing generic medications so worldwide. That means Americans are often taking drugs that, if produced in United States, would meet higher standards. How can we move that leverage? uh that China has over our people making drugs.

Rosemary Gibson (Witness)46:44 – 47:52

Uh you're uh correct, Senator, that uh China has outmaneuvered the FDA. Uh the former FDA Commissioner, Doctor Robert Califf uh told the House Appropriations Committee in twenty twenty three that China quote " is a problem, it's not transparent, the FDA cannot get information from them to perform its regulatory functions." And he said we should cannot be allowed to depend on China. And as you may know, in twenty twenty three, they started a um anti-espionage law where regulators don't wanna travel there. I believe the way to get around this regulatory issue is, we are importing in my mind de facto unregulated products. And the quality data demonstrate that in countries that don't respect our regulations, then we should not be buying for them. If we use the quality data from the DOD testing program, that will churn out and take out manufacturers in countries who do not respect our laws, and we'll be able to use US manufacturers. So let's use the quality data to really clean up the system. I think it's sending a market signal rather than a regulatory signal.

Sen. Tuberville (AL)47:52 – 48:06

Thank you. In your book, the China RX, you revealed that China controls approximately ninety percent of key starting materials to make APIs and generics. How do you think the US would be affected if China were to cease those

Rosemary Gibson (Witness)48:07 – 48:16

Uh, we'd, a lot of people would die in this country. We would not be able, our health care systems would cease to function.

Sen. Tuberville (AL)48:16 – 48:17

We have a, yeah.

Rosemary Gibson (Witness)48:17 – 48:24

And if, yeah, and if China wanted to spread infectious disease, um, we would, would not have the tools to be able to treat people.

Sen. Tuberville (AL)48:25 – 48:31

Mister Chang, you said in your testimony that China has a pharma death grip on America. How do we work to change that at the federal level?

Gordon G. Chang (Witness)48:31 – 49:03

The most important thing is, on an emergency basis, we need to bring back production here and the reason is um china has been able to outmaneuver the fda as you just talked about because they do have such a big monopoly on all parts of the chain and the only way to do that is to break that monopoly and unfortunately this is gonna take some time but it does it is possible um china develop this monopoly we can take it back but we've got to know that within two or three years there is a period of extreme vulnerability

Sen. Tuberville (AL)49:03 – 49:06

Can we use tariffs to help us out with China?

Gordon G. Chang (Witness)49:06 – 49:34

Section two thirty two tariffs, I think um are very important in that regard. Um, other tariffs are also possible. The Supreme Court in the learning resources decision struck down the seventy seven act tariffs, but section three O one tariffs and two thirty twos could very well um create the conditions where if we had an enhanced investment tax credit, and if the president were to invoke the defense production act, These are things that could stimulate domestic production immediately.

Sen. Tuberville (AL)49:35 – 49:58

Thank you. Last November we we we had a a a young man that uh came from my state in Birmingham, Oxford Pharmaceuticals, to testify the importance of onshore drug manufacturing. Mister Chang, what can we do to encourage pharmaceutical companies to acquire APIs domestically, instead of sourcing them from places like China or India? Is that possible?

Gordon G. Chang (Witness)49:58 – 50:43

It is possible, um, but the first thing I think we need to do is get the federal government to require the purchase of American-made pharmaceuticals or pharmaceuticals that are friend-shored if they're not available in the US. But it's an all of the above approach because, as I mentioned, China is able to, um, able to get around all of our rules because they know that if they cut off production, then, as Rosemary Gibson just told us, Americans are gonna die. So, um, it's an all above the approach on an emergency basis. I know that's not a satisfactory answer, but unfortunately, I think it's close to where we have to be. And if we don't do this, um, the problems are just gonna get worse because China's becoming more predatory.

Sen. Tuberville (AL)50:43 – 50:53

Yeah. Congressman, you you served on the House Foreign Affairs Committee. You understand the risks. Uh, what is at stake if we do not gain control of what's going on here?

Ted Yoho (Witness)50:54 – 51:26

National security, I mean, we'd be beholden to another country, IE China. Uh, this is something that's imperative that we get this right, we get it done now. Uh, the Defense Production Act, as President Trump used in the his first term to create those products here, you know, the PPEs, is something we could do now. And the other thing is the ABCs of manufacturing anywhere but China, French Shore, Near Shore, Onshore. Use the tools we have to bring that stuff home now. We know where China's going, we know what their end intent is, and uh we need to do it now.

Sen. Tuberville (AL)51:26 – 51:36

Yeah, this Clear as Label Act that the chairman has, uh of putting absolutely what is in the the the drugs that we take, how important is that?

Ted Yoho (Witness)51:36 – 51:43

It's real important. Um, I I like it, I think it's something that needs to, but for it to be effective people have to read it.

Sen. Tuberville (AL)51:44 – 51:44

Yeah.

Ted Yoho (Witness)51:44 – 52:03

And we tried that on the Ag Committee with the Kool uh amendment. I think um, I think uh, legislation like that is strong, and I think we need to do it, but I think we need to put more force on the FDA to regulate drugs or inspect them, the same way they do here, and tell those countries, you're gonna do it our way or don't sell here, it's your choice.

Sen. Tuberville (AL)52:04 – 52:05

Thank you. Thank you, Mr. Trump.

Sen. Scott (FL)52:06 – 52:07

Senator Moody.

Sen. Moody (FL)52:09 – 56:30

Thank you. thank you to all our witnesses for being here today. It's an honor to have uh some of our conference crew from Florida. Thank you for being here. Um, it seems like yesterday that our country was reeling when we received a rude awakening um from the COVID-19 pandemic and the millions of Americans that needed medical care so quickly. And in that moment of national vulnerability, we began to realize just how heavily our country depends on China for medical supplies, including pharmaceuticals. Since their entry into the World Trade Organization in two thousand and one, China has concentrated its efforts to circumvent international trade norms, committing economic espionage by stealing RIP and disrupting our economy. And this is one of the many ways I think our our Chairman and Ranking Member have um been great about holding hearings to show how vulnerable we are um to this dependence. on China for our drugs and specifically how it can be a a national security threat. And so I'm I'm grateful, Chairman, that you are willing to commit the time today to hold this hearing. I think it's one of the most important things we can be doing on this committee, since so many of our citizens in Florida, um, are seniors and and otherwise dependent on, um, recurring daily medications. This is so very important. Uh, many of the shortages that Americans have had to face are not because of natural market dynamics but because of the coordinated Chinese engine engineered multi-decade effort to subvert our economy and really much of the west in the past decade from what I can see we've seen a decrease of sixty-one percent in our domestic API manufacturing facilities which are essential for our drug production one of the things uh that we heard from in the wit in the opening statements was Something that concerns me, which is that they are notor- the Ch- Chinese notoriously ignore quality and safety standards, manipulate prices, and utilize dubious labor standards. FDA import alerts routinely cite cite carcinogenic impurities, falsified batch rec- records, and non-sterile conditions from manufacturers in China, with roughly one-third of all FDA import alerting uh on Chinese facilities. So I'm grateful for the administration, they are trying to fix this problem, at least they're they're focusing on it, they're aware of it. Uh, in the course of the last year, the administration announced multiple hundred billion dollar investments being made in the American economy. And of these investments, the White House announced in December that a hundred and fifty billion will be invested into American pharmaceutical manufacturing, reducing our reliance on foreign industries in places like China. So we know not only will this secure up our supply market and make sure that we can trust the ingredients in our our pharmaceuticals, but that we have ready access to them in times of vulnerability. Also, hopefully brings back American jobs uh in that industry. Mister Yoho, um again thank you for be a former Congressman Yoho, I would like to say. Um as you know, I have been very strong in in pushing back on the way um, China has, um, meant to infiltrate the strength of this country or undermine the strength of this country. I'm the lead sponsor of a bill to halt visas for Chinese nationals and students, when their laws require them to cooperate with the CCP. Uh, I'm fighting hard to keep illegal Chinese vapes from coming. Uh, they keep dumping them over and over and we have no idea what's in them, and our kids are, are being affected. This is another way I think that we can focus on, um, ways to protect Americans. Are there any ways that you can tell us today that we can take quick, concrete action here in the Senate that would um What is the most effective thing we can do right now as senators in terms of legislation or otherwise to make sure that we are reassuring domestic manufacturing of drugs?

Ted Yoho (Witness)56:30 – 57:43

Awareness. I think the biggest thing is fill this room up with people the news people, American people, knowing what's going into their pharmaceuticals. Second thing, is get on the FDA through legislation that you all can uh introduce, to require, and this is not directing the FDA, but you're saying any, any country producing um pharmaceuticals for the United States, will meet FDA standards anytime, anywhere, twenty four seven. If not, it's your choice not to sell in my market. If you, and, and you need to enforce that. I was with an FDA inspector last week, who was the one doing the inspections in China when we beefed it up. So they could go in there, but it was kind of like the IAEA with Iran. They would let you go where they wanted you to go, and you couldn't ask too many questions or they'd shut it down. So, the uh China saying they're more tolerant and and gonna abide by the rules, it's a joke. You know, we need to put the pressure on them and stop that. And the other thing is bring that production here, um, uh using any tool we have, whether it's the DFC, using the um defense production act or any other tool like that but we don't have time to play around with this this is imperative that we get this done within the next year and half two years period

Sen. Moody (FL)57:43 – 57:46

well i wanna thank the people that showed up today because we almost filled this room,

Ted Yoho (Witness)57:46 – 57:47

that's good

Sen. Moody (FL)57:47 – 57:49

that was a great recommendation thank you chairman

Chan Harjivan (Witness)57:50 – 57:50

thank you sir nobody

Sen. Gillibrand (NY)57:54 – 59:11

thank you mr. chairman I really appreciate this testimony that you've all given. Um, you've highlighted for us why this is such an urgent crisis, and I could hear from each of your testimony how concerned you are. It's something the Chairman and I are very focused on, and we hope to have meaningful legislation to move us in the right direction in this Congress. Um, for Doctor Harjivan, um, the United States holds a key advantage over Indian China in the biomedical and biotechnological space, with its strong support for universities that produce world-renowned scientific research. Historically, We've um been able to recruit the top talent from nearly anywhere, including China and India. Uh, one of the pillars that you talked about in your written testimony was the importance of securing US biotech leadership. China has treated investments in biotech as strategic infrastructure. The final report that was recently released by the National Security Commission on emerging biotech created a robust framework for policy makers about what we can do to, rapidly support this advancing industry. Can you expand upon the role the federal government should play in securing our global leadership in biotech? And how important is it for the United States to set the global standard for biotech research and development? And what are the national security risks of the US losing its leadership to China in this space?

Chan Harjivan (Witness)59:12 – 1:00:30

I mean, the threat is real, about losing leadership. Um, I think my analogy would be, in we're all of that age where we remember the internet and how it was developed. Uh, with the early days of the internet, it was a bit of chaos, right? We put structure around it, we put standards around it. we put HTTP and then HTTPS. Because of that, industry could coalesce around that, we had Facebook, we had Beta, we we had um Uber, we we had Netflix, these are all American companies. So we control the internet through innovation, but we set the standards for the internet. As we enter the age of AI and biology, we also need to be setting the standards. NIST, the FDA, need to work really hard so we set global standards, the the world trusts US standards, not Chinese standards. Once we set that, I trust industry to, to coalesce around that, develop innovation. We don't know where these innovations are gonna go. For the next fifty years, these innovations, innovations, innovations will be transformative in our society. We need to own that. Our allies will also trust our standards as well. We need to work with them. But we need to work at pace. I feel we're not working fast enough in developing innovations in standards. We use AI now to develop drugs, but the FDA still uses the same timelines to approve those drugs, we need to accelerate that. So we need to develop new metrology, we need to work with NIST, with FDA, to work with industry partners to develop standards that we can work against.

Sen. Gillibrand (NY)1:00:31 – 1:00:35

OK. Um, would anybody else like to answer that question?

Gordon G. Chang (Witness)1:00:40 – 1:01:36

China has certainly made the development of biotechnology a priority. If you go back to the Made in China twenty twenty five initiative, um, that's one big world trade organization violation but nonetheless the regime continued to do that and that's one of the reasons why china has become uh innovative in biotech where before it was just making drugs for other countries especially us um rosemary gibson has mentioned that we need to be as determined in this area as china has been that doesn't mean that we have to violate norms and guidelines on trade But it does m need that it does mean that we need to put the resources there. And that is of course gonna be a partnership. But the federal government does need to lead and to make it clear to industry that this is a critical national security threat and it's a something that must be done, as uh we have just heard.

Sen. Gillibrand (NY)1:01:37 – 1:01:47

Thank you. Um, in some of your testimony you talked about how um federal procurement reform through HHS, the VA and the DOD is a way to incentivize

Rosemary Gibson (Witness)1:02:02 – 1:03:56

Yeah, I'll start. I I think a way to do this expeditiously is to have the D uh the Department of Veterans Affairs, HHS, and the Department of War to use the data that Department of War paid for to guide procurement decisions. If we buy based on quality, you're more, they'll be more likely buying from products made in the United States and other countries that actually care about the quality of the drugs that they produce. So we'll automatically deal with some of these issues and bring in some of the companies that you had in the hearing back in November. But I think it's important to even go further upstream. China and India and other countries that don't respect our laws, their products cannot be sold here unless they have a buyer, unless they have those who source them. So who's sourcing them? There's a handful of companies, about six of them, that source all the generics and they um they go on the basis of cheapest product. And I know from talking with CEOs of ethical US companies say we can't compete if they're gonna be buying and sourcing from companies that have a litany of FDA recalls, warning li- letters, and four eighty- threes. So we have to go to the tip of the spear, the root cause. And this is might be tough to do politically, but I think the CEOs of these companies should be convened and to indicate that we can no longer, they should no longer be sourcing vital medicines only on the basis of cost. They have to include quality, and we have the testing data to begin to do that. And that will affect everything else that's distributed around the country. Thank you.

Chan Harjivan (Witness)1:03:57 – 1:04:58

I would add that it does not need to be costly either. We can, with longer term contracts, with with visibility into the supply chain, we can actually have lower term contracts, because they allow predictability of demand. Visibility into that's very important. When I go buy a car, I can see where it's made. It'll tell me which parts come from which country. When I put a drug into my mouth, I have no idea about the quality, nor I, nor do I know where it's made. We also need diversity. When we buy um, you know, my rest, my favorite restaurant chain gets its tomatoes from three different sources, California, Mexico, and Texas maybe, right? When I buy a drug, it's often a single source supplier. I actually don't worry whether it comes from Idaho, India, or Ireland, or China. But I don't want it to come from only India, or China, or or Ireland. Quality issues often come up in the United States as well, because we have single source suppliers. So it's transparent supply chain and diversity of supply. But with long-term contracts, and building in these quality measures, I think will lower the cost. And I've talked to generic manufacturers who agree with me as well. We could actually lower the cost of generics by having this process process in place.

Rosemary Gibson (Witness)1:04:58 – 1:05:11

If I may, I just want further point, the uh generic drug testing program has found that we are actually paying more for poor quality generics. And some of the cheaper ones are the better quality ones.

Gordon G. Chang (Witness)1:05:14 – 1:05:59

One of the issues is going to be um FDA rules and regulations that restrict innovation. Um uh obviously this is a competing um uh considerations here um because we do want drugs to be effective, we do want them to be safe, but we also want to encourage innovation here. And really the the alternative to innovation here is innovation in countries that consider us to be an enemy. So, um, when we think about FDA regulation, I think that we should believe, it should look at what the alternative is. We don't want to have drugs manufactured in China. So we need to encourage them here. And that very well may mean a real change in the way the FDA, um, looks at new drugs.

Ted Yoho (Witness)1:06:02 – 1:07:30

Yeah, in addition, what I've said about the FDA changing the the regulations, with the power of Congress doing that. Um, I think holding, um, CEOs at drug companies and pharmaceuticals, if they know they, if they brought something in, and it didn't meet their correct standards, hold them accountable. You know, somebody's gotta be held accountable, because they put those drugs on the market, that goes to our consumers. And seniors, you know, unfortunately I'm, I'm, I'm happy to be one of those now. Um, we take more medication than when I was in my youth. So they're more dependent on that, and we've gotta make sure that. Um, just something of interest here on um, when you look at pharmacist, or the antibiotics, virtually all that is in China. When you look at the fermentation and the fluorination process, India relies on that, but they've closed down their fermentation and uh, fluorination processes. So one hundred percent of that comes from China. Um, that's a that's a national security and health risk. that needs to be addressed now. And I think those are things that we need to put the money in our NIH and, and research used properly. Um, I was at a meeting last week and they said too many of our scientists and researchers are going to Africa or being courted by China to go over there. So five years from now, the brain drain, we're gonna lose that cutting edge, and it's hard to get back to first place when you've fallen behind. We need to entice people to stay here, do the research and, uh, uh, uh, support that.

Sen. Scott (FL)1:07:34 – 1:07:45

Mr. Harjit, why is it so difficult for the federal government to buy um American drugs? I mean we I mean we got Department of War, we got the VA, we got you know prison system,

Chan Harjivan (Witness)1:07:44 – 1:07:44

Yeah.

Sen. Scott (FL)1:07:45 – 1:07:47

we got all these groups. Why why is it so hard?

Chan Harjivan (Witness)1:07:47 – 1:09:56

I mean, they're not the largest part of of purchasing, but they're significant part of purchasing. And so I I think it's a few things. I th I think I'll be honest, uh I worked at the White House and I had a lot of discussions with the with the VA and and the DOD. I think there's there's a bit of lethargy there. I think there's also entrenched incumbents who supply them, the lot lot of the people who do the contracting for them as well. I think that they need a bit of a nudge, right? I think the and I think you understand the value of this as well. Um, I think if you look at the the cost of quality, if you look at the cost of contracts, the cost of switching, we've been, literally the DOD and the VA haven't helped enable Chinese to come in when they spot pricing and then come in with the spot spot lower prices so I think we can resolve this as we look at other supply chains as well and and mimic them as well. So this is not, this is my point, this is not hard to do. There's just a little bit of a nudge they need to understand the value to the warfighter, to veterans by doing this. I think they need a better um uh understanding of procurement as well. They often default to a lot of these uh uh or uh organizations that it was referred to earlier. Um but I think by having better procurement procurement practices they can make better educated buyers, and that's the whole chain. Uh I'm gonna add one more thing though, it's not just buying the end product, if we pay more for generic we could see, it's about economic rents along the way, right. So if you look at maybe a KSAM supplier, they make three to five percent profitability. Maybe an API, three to five percent profitability, distributors make what, one or two percent. And then all of a sudden it's a big leap when you look at the, the PBMs, GPOs, et cetera. And so what we don't want is to raise the price, and they simply capture the economic rents. We have to understand that when we pay more, it's gotta flow back down, so we can have onshoring, friendshoring of some of these capabilities as well. The other part of it is the complexity of the supply chains. It's not just KSMs and APIs. It is excipients, it's solvents, et cetera as well. So we need transparency as part of that of purchasing uh and paying for a little bit more for these products to understand the visibility of all the choke points, as well. As was mentioned, in China is really good identifying the choke points. It's not just owning the market. It is the choke points that they're owning. We need to understand those choke points. We also need to own some of those choke points ourselves. Uh, and that's happened in other, w- when after Operation Warp we saw lots of choke points that we owned, we can use as countermeasures as well. we need to make sure we we continue to have those.

Sen. Scott (FL)1:09:57 – 1:10:05

Yeah, every successful business person figures out where their leverage point is, where people need to do business with them. And we've gotta do the exact same thing. China's done it.

Chan Harjivan (Witness)1:10:05 – 1:10:14

Yeah, actually these companies are doing what their, what their shareholders want them to do, right, maximize profitability. But we just need to change the metrics a little bit so that the patients actually benefit more as well.

Sen. Scott (FL)1:10:15 – 1:10:23

Yeah, no, uh, when I was in business I always tried to figure out how to make sure that I was indispensable. You got paid better when you were indispensable. Shocking.

Chan Harjivan (Witness)1:10:24 – 1:10:34

You you wanna be, I'm a pharmacist, but you wanna have a monopoly, right, and that's what these companies are doing. They're they're but they were allowing them to have monopolies, the role of the government in policy is to not have monopolies in many industries, including this one.

Sen. Scott (FL)1:10:35 – 1:10:49

Congressman Yoho, you've been vocal about Communist China's use of economic coercion as a foreign policy tool. How does leverage of drugs and APIs compare to what we've seen with rare earth or semiconductors in terms of the speed and severity with which Beijing could deploy it against us?

Ted Yoho (Witness)1:10:49 – 1:11:45

I think you're gonna see uh, pharmaceuticals play in there a lot more. Um, I had a wonder when um, uh, secretary of state Rubio said they were gonna revoke the student visas for two hundred and sixty seven thousand Chinese students and about a week or two later, president Trump says, no, we're gonna have six hundred thousand. I wonder if there was a back door meeting where she put his arm around, the president said, Donald, let, let's talk about this. You know, we control the drugs here. Um, those are the kind of things that could happen, I'm not saying it happened, but I don't wanna be in that situation. We need to be have um what's best for America at heart, and we need to be prepared for that, and it needs to start five, six years ago, but uh you can't start fast enough. And so I think that kind of leverage is something you're gonna see. We've already seen them do it with uh the rare earth minerals. They've done it to Japan. They've done it to us. And uh it's only gonna ramp up as uh things escalate.

Sen. Scott (FL)1:11:46 – 1:12:06

So, there are companies in lobbying interest that benefit from keeping Chinese drug supply chains intact and uh resist reassuring efforts as, as we heard, right? Um, Congressman, you've never been shy about naming uh those names. Who are the players most invested in maintaining or enforcing the status quo? And how should Congress think about their influence as it considers legislation?

Ted Yoho (Witness)1:12:06 – 1:13:21

Well, I think your big pharma companies that have the lobbyists that come up here, you know, again, I think those companies ought to be held accountable. Uh, if you bring in a tainted drug, um, I mean, the, when I was practicing as a veterinarian, melanin was being put into the dog food, killed thousands of dogs, does kidney damage, but there's over three hundred thousand, uh, uh, people in China that, that was fed to their, in their baby formula. And, you know, there was, uh, a handful of people died, but what about the long-term health risk, you know? Uh, chronic, uh, kidney disease and things like that. So I think you need to call people out and say, if you're gonna sell this drug into my market, if it's tainted, it's goes back to you and you're gonna be a hundred percent reliable, or liable for this. It's, it's hardball, but I think this is time to play hardball. I guarantee you, if you go to those manufacturers and the CEOs of those con- companies, and you tell them that, the, these are the new rules. And uh, I think we need to do, really put the pressure on the FDA, but it's gonna require legislation so that another administration doesn't waive those FDA rules. If Congress mandates that, says this is how these drugs will come into this country, yeah, I feel better, I'll, I'll feel better in the future.

Sen. Scott (FL)1:13:22 – 1:13:29

Ms. Gibson, how has the lack of accountability for foreign manufacturers allowed sub- sub-par drugs to enter our market?

Rosemary Gibson (Witness)1:13:32 – 1:15:49

Because they can, and we're buying only on the basis of cost, irrespective of quality. And if I uh, May, Senator, your question about why is it so hard for the DOD to do the right thing. Um, in twenty nineteen, I as a private citizen, I had this I c idea that since so much of our manufacturing base was decimated, I came up with a core of an idea for an executive order, and it's very simple. It's what China does. And that was the DOD, the VA and HHS should give priority to US made generics in their procurement process. Turns out that got into an executive order signed in August twenty twenty. The same day that that executive order came out, there was a press release from the pharma trade group. And this was during a pandemic, when we were rationing drugs. And the comment was that that, and just for essential drugs, that this would cause chaos. And it would destabilize the global supply chain. That same year, the generic trade association came out with the almost the same wording. it would cause instability. And two days after that statement came out, the Chinese president at a G-twenty meeting said, we have to ensure that global supply chains remain stable. So, is that coincidence, or is it coordination? And, you know, I um, I've uh been thinking about the speech that former US Attorney General Bill Barr gave in Grand Rapids, Michigan in twenty twenty, and he explained what goes on. He says that you, as you s- alluded to, um, that US executives with businesses in China, they're expected by the Chinese government to lobby for them here in Washington if they want their businesses in China to go smoothly. And if they don't, it'll go the other way. So we have companies here that are lobbying on behalf of China and against the American interests. And so that executive order is still active, uh, but nothing's been done, and we just need to say it, this is the directive and it, it shall be done, and to help them, uh, the different departments, uh, actually execute on those executive orders.

Sen. Scott (FL)1:15:50 – 1:16:02

Mr. Chang, you've argued for years that the Chinese Communist Party pursues comprehensive national power through means that Western policymakers consistently underestimate and that framework how deliberate and how dangerous is Communist

Gordon G. Chang (Witness)1:16:08 – 1:18:35

Mister Chairman, we we know what the Chinese have done with rare earths, and there they don't even have a hundred percent monopoly. So, given that their maliciousness, then clearly this is the next item to be concern uh to for them to actually weaponize. Um, and we can go back and and look at the Communist Party's policies towards the United States. We can see what they say. We can see what they have done. And it is malicious. Um, and we as Americans have uh refused to acknowledge that because we have wanted to integrate the Chinese into the international system. We've wanted to get along. And because we're a democracy, we are slow to recognize threats. So that is where we are. Um, and so to answer some of the previous questions, as as the congressman has said we just need to acknowledge the um the aims of the chinese regime and deal with it uh with the determination and vigor that is necessary and and one of those things you mentioned uh were you talking about uh uh accountability why don't we make drug makers strictly liable for the damages caused by pharmaceuticals that are manufactured abroad and imported into the united That is not an unreasonable thing to do because we had about a hundred and fifty Americans die in two thousand eight two thousand nine because of adulterated heparin that was made in China we had another problem in two thousand nineteen with zantax and other heart burn medications so this is a problem that continues and because we know that the Chinese will weaponize every point of contact with our society it is something that we need to do. If we do this I think the drug manufacturers are going to shy away from importing from China and they will rush to make in the United States or in jurisdictions where they have confidence. So that's one of the things that we can do to onshore as quickly as possible. As I mentioned uh with regard to Senator Tuberville, there's gonna be a period of vulnerability because the Chinese do have this hundred percent monopoly on perhaps eight hundred pharmaceuticals, and we can't ignore that, but we can do all we possibly uh can in the in the interim. And that means we've gotta move fast.

Sen. Scott (FL)1:18:37 – 1:18:43

Miss Gibson, when you first began researching ChinaRx, what was the reaction from the drug industry, from government officials and from the medical community?

Rosemary Gibson (Witness)1:18:47 – 1:18:47

Denial.

Sen. Scott (FL)1:18:49 – 1:18:50

They weren't they weren't accepting,

Rosemary Gibson (Witness)1:18:49 – 1:18:50

They they

Sen. Scott (FL)1:18:50 – 1:18:52

they weren't saying good job?

Rosemary Gibson (Witness)1:18:52 – 1:20:53

No, they there was all this uh clamoring about, oh no, the the numbers are wrong, it's not that high, and there's a lot of um manipulation of that, but China Rx was very well researched, and I got the information from the actual manufacturers, the people in the manufacturing plants. They know what's going on. They know where product comes from. They know where they have to get their key starting materials and antibiotics. It doesn't come from the lobby groups and the researchers. So it was absolutely sound. In fact, right before the um uh pandemic uh hit home here in early um uh twenty twenty I was with a group of pharmaceutical engineers, great people with a hundred and fifty years' experience. I went around the table and said, OK, so what percentage of our key starting materials for the drugs we need to treat all these people who are gonna get sick and be hospitalized. They all said, ninety percent, ninety five percent, ninety pa- ninety percent. So that's it. Uh, so there was, but you know, uh, what I'm really pleased at, uh, Senator, is that, uh, now everybody in Washington knows about APIs and they know that APIs don't fall from the sky. that they're made of key starting materials and where our dependence is. So I consider that partial success. But we have such a long way to go. And if I may say something about this product liability issue, you know um, if you have to go buy tires for your car and you go to a retailer, and there's fifteen percent of those products could blow out while you're going sixty miles hour an hour on the beltway, the market fixes that. It fixes it through reputational, a risk, and also product liability. And I believe we need to start move not just from a regulatory point of view, but from a market signaling point of view that this is not acceptable, that you are putting products on that are harming people, and we have, you know, arsenic is arsenic, thallium is thallium, you can't debate that. And there was secondary testing to verify these findings for the DOD. So I think we need to send this market signal that um this is not acceptable, and begin to use those tools.

Sen. Scott (FL)1:20:54 – 1:21:10

Mister Harjivan, is, is China moving up the drug chain from generics to brands, and what risks does this pose to our national security and patient access to medications? And I think what you'll say is they're even, they're going further than that. They're, they're the main, they're the main, they own the drug, the brand now, too.

Chan Harjivan (Witness)1:21:10 – 1:23:01

Yeah. In fact, I would say, you know, the generic industry, it's, it's kind of fungible, right? So it's not like rare earths or semiconductors. You don't, you don't need a billion dollar fab. Uh, you don't need to dig up, you know, uh, the earth to, to get this material. The KS M's and APIs could move um pretty quickly if we have the right incentives over here. It's not a supply chain issue, it's a demand issue. Now, for them moving up the the the value chain in life sciences, to me that's an existential threat. Because they're moving very fast in this area. If you look at the number of of of uh you know um different publications that they have, if you look at their their work on gene therapy, look at in advanced manufacturing, it's tremendous how quickly they are moving. What they're doing though is they're putting the right incentives for those technologies to to move ahead at a rapid pace. Um, they're putting in very quick regulatory standards. Often, sometimes they're not that great, but often it's because they're putting in innovative regulatory standards, that actually are of a high quality, not poor quality, but they're using innovation around the regulatory standards, which we, which we, we should adopt. Um, around quality, I think there's actually innovation there that can occur as well. Um, when I worked in Operation Warp Suite, we're able to remotely look at manufacturing quality. We didn't have to do inspections necessarily. We could remotely monitor quality. That's advanced a lot in the last five years. And so we can reduce the cost and have real-time monitoring of quality. Um, the big CDMOs do that already. We can, we can ha- require that of China. And by the way, India's a big problem here too. We could do that of India as well. And so I think there's cheaper solutions. Again, innovation is the key. And I'm telling you right now that the next fifty years is gonna be all about the biology revolution. And if we don't invest right now, uh, it's gonna be really important. I think the other part is they invest, but they're sclerotic. They invest top-down. And we've got a wonderful flexible capital market here. we're not leveraging it we need to leverage it much more efficiently in um creating demand mechanisms for these products for innovation and then standards again i think we can do it but we're not focused on that right now and that's the big problem

Sen. Scott (FL)1:23:01 – 1:23:02

thank you member

Rosemary Gibson (Witness)1:23:03 – 1:23:03

they did

Sen. Scott (FL)1:23:05 – 1:25:35

alright um i wanna thank everybody for being here um i think this is i think this is unbelievable um important issue i wanna thank the ranking member for being a partner in this i'm i'm actually optimistic i i actually believe that the american public is getting more informed i think the um congress is clearly getting more informed and i think we're gonna get something done um the uh if you take a pill every morning for a chronic condition there's a very good chance that pill was made using key ingredients from communist china there's also a good chance that you your doctor your pharmacist any of the f. d. a. have no way of knowing for certain where the pill ingredients come from because we don't require disclosure and by the way if anybody feels comfortable to putting something in their mouth from china i think they're a fool um the uh the standards in china are despicable um whether you if you you're buying food from china i think it's it it's it's unsanitary it the the conditions where things are produced is is horrible um unfortunately congress has failed to demand transparency and for thirty years lawmakers have prioritized the lowest possible price over everything else and i think i think um Mr. Chang said, I think a lot of us, a lot of people thought, oh, we're gonna bring China into the fold and all that stuff. It never happened. COVID-nineteen showed us what happens when we do that and the system breaks. Thirty-seven factories that made ingredients for American medicines shut down, and the shortages hit within weeks. The Chinese government is despicable. They nationalized its own medical supply production and decided who got what based on politics, not need. That was a warning. We didn't take the hint. This hearing is meant to change that. Our incredible witnesses today made a clear, documented, evidence-based case that what we are dealing with is not market inefficiency. It is a national security vulnerability that has been intentionally engineered by an enemy nation, not the people of China, the government of China, enabled and supported by our own policy failures. The solutions aren't a mystery. Uh, my and and ranking member Jill Bren's Cleared Labels Act is a first step. Soon we'll have legislation on closing loopholes in our system and finding ways to support additional domestic manufacturing, focused on federal procurement. The seniors of our country didn't create this problem, but they're the ones paying the price. And this committee is committed to fighting for them and for solutions. If any senators have additional questions for the witnesses or statements to be added, their hearing record will be open until next Wednesday at five p m. I want to thank everybody for being here.

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