[Congressional Record Volume 167, Number 87 (Wednesday, May 19, 2021)]
[Senate]
[Page S3151]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1633. Ms. WARREN submitted an amendment intended to be proposed to 
amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to 
establish a new Directorate for Technology and Innovation in the 
National Science Foundation, to establish a regional technology hub 
program, to require a strategy and report on economic security, 
science, research, innovation, manufacturing, and job creation, to 
establish a critical supply chain resiliency program, and for other 
purposes; which was ordered to lie on the table; as follows:

        At the end of title III of division E, add the following:

     SEC. 5311. REPORT ON FOREIGN INVESTMENT IN PHARMACEUTICAL 
                   INDUSTRY.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, and annually thereafter, the 
     Federal Trade Commission, in consultation with the Secretary 
     of the Treasury acting through the Committee on Foreign 
     Investment in the United States (in this section referred to 
     as the ``Committee''), shall submit to the appropriate 
     congressional committees, the Secretary of Health and Human 
     Services, and the Commissioner of Food and Drugs, a report on 
     foreign investment in the pharmaceutical industry of the 
     United States.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) An assessment of--
       (A) the supply chain of the pharmaceutical industry of the 
     United States and the effect of concentration and reliance on 
     foreign manufacturing within that industry;
       (B) the effect of foreign investment in the pharmaceutical 
     industry of the United States on domestic capacity to produce 
     drugs and active and inactive ingredients of drugs; and
       (C) the effect of foreign investment in technologies or 
     other products for sequencing or storage of DNA, including 
     genome and exome analysis, in the United States, including 
     the effect of such investment on the capacity to sequence or 
     store DNA in the United States.
       (2) The number of reviews and investigations conducted by 
     the Committee, in each of the 10 fiscal years preceding the 
     year in which the study is conducted, with respect to covered 
     transactions (as defined in section 721(a) of the Defense 
     Production Act of 1950 (50 U.S.C. 4565(a)))--
       (A) in the pharmaceutical industry of the United States; or
       (B) relating to the sequencing or storage of DNA in the 
     United States.
       (3) A short description of each such review or 
     investigation, including whether the transaction was approved 
     or prohibited.
       (c) Authority.--The Federal Trade Commission shall have 
     authority under section 6 of the Federal Trade Commission Act 
     (15 U.S.C. 46) to conduct the studies required to prepare the 
     report required by subsection (a).
       (d) Publication.--The Federal Trade Commission shall 
     publish an unclassified summary of the report required by 
     subsection (a) on a publicly available internet website of 
     the Commission.
       (e) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Banking, Housing, and Urban Affairs, 
     the Committee on Health, Education, Labor, and Pensions, the 
     Committee on Armed Services, the Committee on Foreign 
     Relations, the Committee on Commerce, Science, and 
     Transportation, and the Committee on Appropriations of the 
     Senate; and
       (2) the Committee on Financial Services, the Committee on 
     Energy and Commerce, the Committee on Armed Services, the 
     Committee on Foreign Affairs, and the Committee on 
     Appropriations of the House of Representatives.
                                 ______