1. Short title This Act may be cited as the Creating and Restoring Equal Access To Equivalent Samples Act of 2017 or the CREATES Act of 2017 . 2. Findings Congress finds the following: (1) It is the policy of the United States to promote competition in the market for drugs and biological products by facilitating the timely entry of low-cost generic and biosimilar versions of those drugs and biological products. (2) Since their enactment in 1984 and 2010, respectively, the Drug Price Competition and Patent Term Restoration Act of 1984 ( Public Law 98–417 ; 98 Stat. 1585) and the Biologics Price Competition and Innovation Act of 2009 (Subtitle A of title VII of Public Law 111–148 ; 124 Stat. 804), have provided pathways for making lower-cost versions of previously approved drugs and previously licensed biological products available to the people of the United States in a timely manner, thereby lowering overall prescription drug costs for patients and taxpayers by billions of dollars each year. (3) In order for these pathways to function as intended, developers of generic drugs and biosimilar biological products (referred to in this section as generic product developers ) must be able to obtain quantities of the reference listed drug or biological product with which the generic drug or biosimilar biological product is intended to compete (referred to in this section as a covered product ) for purposes of supporting an application for approval by the Food and Drug Administration, including for testing to show that— (A) a prospective generic drug is bioequivalent to the covered product in accordance with subsection (j) of section 505 of the Federal, Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ), or meets the requirements for approval of an application submitted under subsection (b)(2) of that section