PPE Supply Chain Transparency Act of 2020

II Calendar No. 622 116TH CONGRESS 2D SESSION S. 4158 [Report No. 116–319] To examine the extent of the reliance of the United States on foreign pro- ducers for personal protective equipment during the COVID–19 pandemic and produce recommendations to secure the supply chain of personal protective equipment. IN THE SENATE OF THE UNITED STATES JULY 2, 2020 Mr. HAWLEY (for himself, Ms. HASSAN, and Mr. SCOTT of Florida) intro- duced the following bill; which was read twice and referred to the Com- mittee on Homeland Security and Governmental Affairs DECEMBER 14, 2020 Reported by Mr. JOHNSON, with amendments and an amendment to the title [Omit the part struck through and insert the part printed in italic] A BILL To examine the extent of the reliance of the United States on foreign producers for personal protective equipment during the COVID–19 pandemic and produce rec- ommendations to secure the supply chain of personal protective equipment. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 00:11 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4158.RS S4158 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 4158 RS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘PPE Supply Chain 2 Transparency Act of 2020’’. 3 SEC. 2. REPORT. 4 (a) DEFINITION.—In this section, the terms ‘‘per- 5 sonal protective equipment’’ and ‘‘PPE’’ means protective 6 clothing, helmets, gloves, face shields, goggles, facemasks, 7 and other equipment designed to protect the wearer from 8 injury or the spread of infection or illness, as determined 9 by the Commissioner of Food and Drugs. 10 (a) PERSONAL PROTECTIVE EQUIPMENT DEFINED.— 11 In this section, the terms ‘‘personal protective equipment’’ 12 and ‘‘PPE’’ mean any protective equipment required to 13 prevent the wearer from contracting COVID–19, including 14 gloves, N–95 respirator masks, gowns, goggles, face shields, 15 and other equipment required for safety. 16 (b) REPORT.—Not later than 90 days after the date 17 of enactment of this Act, the Administrator of the Federal 18 Emergency Management Agency shall, in consultation 19 with the Secretary of Health and Human Services, submit 20 to the Committee on Homeland Security and Govern- 21 mental Affairs of the Senate and the Committee on Home- 22 land Security of the House of Representatives, and make 23 publicly available, a report examining the security and re- 24 silience of the supply chain for personal protective equip- 25 ment during the COVID–19 pandemic. 26 VerDate Sep 11 2014 00:11 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4158.RS S4158 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 4158 RS (c) CONTENTS.—The report required under sub- 1 section (a) (b) shall— 2 (1) detail the volume and percentage of each 3 type of PPE distributed by, or at the direction of, 4 the Federal Emergency Management Agency for 5 COVID–19 response efforts purchased or otherwise 6 acquired or controlled in the delivery from a pro- 7 ducer located outside the United States; 8 (2) detail the volume and percentage of each 9 type of PPE distributed by, or at the direction of, 10 the Federal Emergency Management Agency for 11 COVID–19 response efforts purchased or otherwise 12 acquired or controlled in the delivery from a pro- 13 ducer located in the United States; 14 (3) detail the volume and percentage of PPE 15 imports acquired or controlled by the Federal Emer- 16 gency Management Agency from a producer located 17 in the People’s Republic of China, which may in- 18 clude any relevant information collected on defective 19 PPE acquired from Chinese producers; 20 (4) detail any challenges and obstacles related 21 to procuring PPE from a producer not located in the 22 United States during the COVID–19 pandemic, in- 23 cluding export controls by foreign nations; 24 VerDate Sep 11 2014 00:11 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4158.RS S4158 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 4158 RS (5) forecast domestic demand for PPE on a 1 monthly basis over the 1-year period beginning on 2 the date of enactment of this Act; 3 (6) analyze whether domestic production of 4 each type of PPE is sufficient to meet demand fore- 5 casted under paragraph (5); and 6 (7) include legislative recommendations to se- 7 cure the supply chain of PPE, including rec- 8 ommendations to— 9 (A) improve resiliency in the supply chain 10 of PPE; 11 (B) increase domestic production of PPE; 12 and 13 (C) reduce the reliance of the United 14 States on foreign producers of PPE.; 15 (8) summarize the use of authorities provided 16 under the Defense Production Act of 1950 (50 U.S.C. 17 4501 et seq.) in COVID–19 response efforts as of the 18 date of the report; and 19 (9) report on additional options to use such au- 20 thorities that could be used to increase production of 21 and access to critical medical supplies and equip- 22 ment, including N95 respirator masks and other 23 PPE. 24 Amend the title so as to read: ‘‘A bill to examine the extent of the reliance of the United States on foreign pro- VerDate Sep 11 2014 00:11 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4158.RS S4158 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 4158 RS ducers for personal protective equipment during the COVID–19 pandemic and produce recommendations to secure the supply chain of personal protective equipment and to expand domestic production of personal protective equipment.’’. VerDate Sep 11 2014 00:11 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4158.RS S4158 pamtmann on DSKBC07HB2PROD with BILLS Calendar No. 622 116TH CONGRESS 2D SESSION S. 4158 [Report No. 116–319] A BILL To examine the extent of the reliance of the United States on foreign producers for personal protec- tive equipment during the COVID–19 pandemic and produce recommendations to secure the sup- ply chain of personal protective equipment. DECEMBER 14, 2020 Reported with amendments and an amendment to the title VerDate Sep 11 2014 00:11 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6651 Sfmt 6651 E:\BILLS\S4158.RS S4158 pamtmann on DSKBC07HB2PROD with BILLS