Executive Order 13938: Increasing Drug Importation To Lower Prices for American Patients

President: Donald J. Trump

Directed HHS and FDA to develop lawful routes for importing lower-cost prescription drugs from other countries, subject to safety and statutory conditions.

Status: In effect. Is Executive Order 13938 still in effect? Yes. Executive Order 13938 remains in effect. See Federal Register record.

What does Executive Order 13938 do?

FDA issued a final rule in October 2020 establishing a pathway for authorized state and tribal importation programs from Canada under conditions.

Evidence review, September 23, 2026: FDA published a final rule permitting qualifying state and tribal drug-importation programs under specified safeguards.

Administration position: The FDA rule defines a conditional pathway, not automatic importation or proven consumer savings. Any particular proposal remains subject to FDA approval and statutory safeguards.
SignedJuly 24, 2020
Original directionDirected HHS and FDA to develop lawful routes for importing lower-cost prescription drugs from other countries, subject to safety and statutory conditions.
Later evidenceFDA issued a final rule in October 2020 establishing a pathway for authorized state and tribal importation programs from Canada under conditions.
Review dateSeptember 26, 2026

Before and after

Before the order

Federal drug-importation law restricted commercial importation of prescription medicines and required safety and cost determinations for qualifying pathways.

After the order

FDA issued a final rule in October 2020 establishing a pathway for authorized state and tribal importation programs from Canada under conditions.

The FDA rule defines a conditional pathway, not automatic importation or proven consumer savings. Any particular proposal remains subject to FDA approval and statutory safeguards.

Who had to do what

Agency / officialWhat the signed order directedDeadline / timing
HHS SecretaryExpand lawful safe access to imported lower-cost drugs by facilitating individual importation waivers when safety/cost conditions are met, authorizing insulin re-importation upon an emergency-care finding and completing the Canada importation rulemaking.No deadline specified; actions as appropriate and consistent with law.

Source: Signed Federal Register text.

Later developments

Later authority: FDA issued a final rule in October 2020 establishing a pathway for authorized state and tribal importation programs from Canada under conditions. (October 1, 2020)

What happened next

EO 13938 signed.

FDA issued a final rule in October 2020 establishing a pathway for authorized state and tribal importation programs from Canada under conditions.

Guide checked against signed order and later official evidence.