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 producers 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) introduced the following bill; which was read twice and referred to the Committee 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 recommendations to secure the supply chain of personal 

protective equipment. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘PPE Supply Chain 

3 Transparency Act of 2020’’. 

4 SEC. 2. REPORT. 

5 (a) DEFINITION.—In this section, the terms ‘‘per6 sonal protective equipment’’ and ‘‘PPE’’ means protective 

7 clothing, helmets, gloves, face shields, goggles, facemasks, 

8 and other equipment designed to protect the wearer from 

9 injury or the spread of infection or illness, as determined 

10 by the Commissioner of Food and Drugs. 

11 (a) PERSONAL PROTECTIVE EQUIPMENT DEFINED.— 

12 In this section, the terms ‘‘personal protective equipment’’ 

13 and ‘‘PPE’’ mean any protective equipment required to 

14 prevent the wearer from contracting COVID–19, including 

15 gloves, N–95 respirator masks, gowns, goggles, face shields, 

16 and other equipment required for safety. 

17 (b) REPORT.—Not later than 90 days after the date 

18 of enactment of this Act, the Administrator of the Federal 

19 Emergency Management Agency shall, in consultation 

20 with the Secretary of Health and Human Services, submit 

21 to the Committee on Homeland Security and Govern22 mental Affairs of the Senate and the Committee on Home23 land Security of the House of Representatives, and make 

24 publicly available, a report examining the security and re25 silience of the supply chain for personal protective equip26 ment during the COVID–19 pandemic. 


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1 (c) CONTENTS.—The report required under sub2 section (a) (b) shall— 

3 (1) detail the volume and percentage of each 

4 type of PPE distributed by, or at the direction of, 

5 the Federal Emergency Management Agency for 

6 COVID–19 response efforts purchased or otherwise 

7 acquired or controlled in the delivery from a pro8 ducer located outside the United States; 

9 (2) detail the volume and percentage of each 

10 type of PPE distributed by, or at the direction of, 

11 the Federal Emergency Management Agency for 

12 COVID–19 response efforts purchased or otherwise 

13 acquired or controlled in the delivery from a pro14 ducer located in the United States; 

15 (3) detail the volume and percentage of PPE 

16 imports acquired or controlled by the Federal Emer17 gency Management Agency from a producer located 

18 in the People’s Republic of China, which may in19 clude any relevant information collected on defective 

20 PPE acquired from Chinese producers; 

21 (4) detail any challenges and obstacles related 

22 to procuring PPE from a producer not located in the 

23 United States during the COVID–19 pandemic, in24 cluding export controls by foreign nations; 


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1 (5) forecast domestic demand for PPE on a 

2 monthly basis over the 1-year period beginning on 

3 the date of enactment of this Act; 

4 (6) analyze whether domestic production of 

5 each type of PPE is sufficient to meet demand fore6 casted under paragraph (5); and 

7 (7) include legislative recommendations to se8 cure the supply chain of PPE, including rec9 ommendations to— 

10 (A) improve resiliency in the supply chain 

11 of PPE; 

12 (B) increase domestic production of PPE; 

13 and 

14 (C) reduce the reliance of the United 

15 States on foreign producers of PPE.; 

16 (8) summarize the use of authorities provided 

17 under the Defense Production Act of 1950 (50 U.S.C. 

18 4501 et seq.) in COVID–19 response efforts as of the 

19 date of the report; and 

20 (9) report on additional options to use such au21 thorities that could be used to increase production of 

22 and access to critical medical supplies and equip23 ment, including N95 respirator masks and other 

24 PPE. 

Amend the title so as to read: ‘‘A bill to examine the 

extent of the reliance of the United States on foreign proVerDate Sep 11 2014 00:11 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4158.RS S4158

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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.’’. 


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 

ply chain of personal protective equipment. and produce recommendations to secure the suptive equipment during the COVID–19 pandemic States on foreign producers for personal protecDECEMBER 14, 2020 

Reported with amendments and an amendment to the 

title 


pamtmann on DSKBC07HB2PROD with BILLS