[Senate Report 116-321]
[From the U.S. Government Publishing Office]
Calendar No. 624
116th Congress} { Report
SENATE
2d Session } { 116-321
======================================================================
SECURING HEALTHCARE AND RESPONSE EQUIPMENT ACT OF 2020
__________
R E P O R T
of the
COMMITTEE ON HOMELAND SECURITY AND
GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
S. 4210
TO AMEND THE HOMELAND SECURITY ACT OF 2002 TO AUTHORIZE THE TRANSFER OF
CERTAIN EQUIPMENT DURING A PUBLIC HEALTH EMERGENCY, AND FOR OTHER
PURPOSES
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
December 14, 2020.--Ordered to be printed
__________
U.S. GOVERNMENT PUBLISHING OFFICE
WASHINGTON : 2020
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COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS
RON JOHNSON, Wisconsin, Chairman
ROB PORTMAN, Ohio GARY C. PETERS, Michigan
RAND PAUL, Kentucky THOMAS R. CARPER, Delaware
JAMES LANKFORD, Oklahoma MAGGIE HASSAN, New Hampshire
MITT ROMNEY, Utah KAMALA D. HARRIS, California
RICK SCOTT, Florida KYRSTEN SINEMA, Arizona
MICHAEL B. ENZI, Wyoming JACKY ROSEN, Nevada
JOSH HAWLEY, Missouri
Gabrielle D'Adamo Singer, Staff Director
Joseph C. Folio III, Chief Counsel
Barrett F. Percival, Professional Staff Member
Roland Hernandez Jr., Research Assistant
David M. Weinberg, Minority Staff Director
Zachary I. Schram, Minority Chief Counsel
Christopher J. Mulkins, Minority Deputy Director of Homeland Security
Laura W. Kilbride, Chief Clerk
Calendar No. 624
116th Congress} { Report
SENATE
2d Session } { 116-321
======================================================================
SECURING HEALTHCARE AND RESPONSE EQUIPMENT ACT OF 2020
_______
December 14, 2020.--Ordered to be printed
_______
Mr. Johnson, from the Committee on Homeland Security and Governmental
Affairs, submitted the following
R E P O R T
[To accompany S. 4210]
The Committee on Homeland Security and Governmental
Affairs, to which was referred the bill (S. 4210) to amend the
Homeland Security Act of 2002 to authorize the transfer of
certain equipment during a public health emergency, and for
other purposes, having considered the same, reports favorably
thereon with an amendment (in the nature of a substitute) and
recommends that the bill, as amended, do pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background and the Need for Legislation..........................2
III. Legislative History..............................................3
IV. Section-by-Section Analysis......................................3
V. Evaluation of Regulatory Impact..................................4
VI. Congressional Budget Office Cost Estimate........................4
VII. Changes in Existing Law Made by the Bill, as Reported............4
I. Purpose and Summary
The purpose of S. 4210, the Securing Healthcare and
Response Equipment (SHARE) Act, is to provide the Secretary of
the Department of Homeland Security (DHS or Department) with
explicit authority to transfer excess personal protective
equipment (PPE) or other supplies, on a reimbursable basis, to
the Department of Health and Human Services (HHS) in the event
the Secretary of HHS declares a public health emergency and
initiates a transfer request. In addition, this bill authorizes
the Secretary of HHS, in coordination with the DHS Secretary,
to sell medical supplies that meet specific criteria from the
Strategic National Stockpile (SNS).
II. Background and the Need for Legislation
On January 31, 2020, the Secretary of HHS declared a public
health emergency in response to the growing threat posed by
COVID-19. By March 2020, the rapid increase in the number of
cases of COVID-19 in the United States quickly depleted the
inventory of personal protective equipment (or PPE) in
hospitals and health centers throughout the country.\1\
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\1\Jacobs, Andrew, Richtel, Matt, and Mike Baker. `At War With No
Ammo': Doctors Say Shortage of Protective Gear Is Dire. New York Times.
(March 19, 2020) available at https://www.nytimes.com/2020/03/19/
health/coronavirus-masks-shortage.html.
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In response, the HHS Office of the Assistant Secretary for
Preparedness and Response (ASPR) initiated a nation-wide effort
to deliver PPE from SNS by population, prioritizing delivery to
areas most impacted by COVID-19.\2\ However, the overwhelming
demand for PPE from states was far greater than the available
supply on hand.\3\ Complicating matters, global suppliers of
PPE faced limitations exporting supplies and equipment that
could otherwise be used in-country to address COVID-19.\4\ Amid
a stressed global supply chain and an exhausted SNS, HHS ASPR
faced difficulties in fulfilling PPE order requests from states
and territories and replenishing the SNS inventory.\5\
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\2\Deploying PPE and Other Medical Supplies and Equipment from the
Strategic National Stockpile, Office of the Assistant Secretary for
Preparedness and Response, Pub. Health Emergency, available at https://
www.phe.gov/emergency/events/COVID19/SNS/Pages/deploy.aspx (reviewed
July 30, 2020).
\3\Olivia Rubin, et. al., Despite Trump claim, 13 states say some
orders for coronavirus supplies still unfilled, ABC News. (July 23,
2020), available at https://abcnews.go.com/Health/trump-claim-12-
states-orders-coronavirus-supplies-unfilled/story?id=71946598.
\4\Department of Global Communications, Supply Chain and COVID-19:
UN rushes to move vital equipment to frontlines, United Nations. (May
15, 2020), available at https://www.un.org/en/coronavirus/supply-chain-
and-covid-19-un-rushes-move-vital-equipment-frontlines.
\5\Beth Reinhard and Emma Brown, Face masks in national stockpile
have not been substantially replenished since 2009, The Washington
Post. (March 10, 2020), available at https://www.washingtonpost.com/
investigations/face-masks-in-national-stockpile-have-not-been-
substantially-replenished-since-2009/2020/03/10/57e57316-60c9-11ea-
8baf-519cedb6ccd9_story.html.
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To alleviate the PPE shortage, DHS utilized an interagency
agreement to help HHS.\6\ Moreover, DHS and HHS launched an
initiative to provide PPE ``for federal employees, making
deliveries to agencies providing mission-critical work to
support public facing missions during the novel coronavirus
outbreak.''\7\
---------------------------------------------------------------------------
\6\Eric Katz, FEMA to Begin Distributing PPE to Federal Employees
This Week, Government Executive (May 4, 2020), available at https://
www.govexec.com/management/2020/05/fema-begin-distributing-ppe-federal-
employees-week/165114/.
\7\Id.
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S. 4210 would provide HHS with an additional source of PPE
in the event of any future public health emergency. This bill
explicitly authorizes DHS to share excess PPE on a reimbursable
basis from within its inventory with HHS, following a formal
request from the Secretary of HHS. As amended, it will also
provide DHS, if the Secretary chooses, with the authority to
create a PPE stockpile solely for use by first responders in
the U.S. In addition, S. 4210 provides that the Secretary of
HHS, in consultation with DHS, can sell supplies within the SNS
to outside parties so long as the items meet specific criteria.
III. Legislative History
Chairman Ron Johnson (R-WI) and Ranking Member Gary Peters
(D-MI) introduced S. 4210 on July 2, 2020. The bill was
referred to the Committee on Homeland Security and Governmental
Affairs.
The Committee considered S. 4210 at a business meeting on
July 22, 2020. During the business meeting, Chairman Johnson
and Ranking Member Peters offered a substitute amendment as
modified that authorizes the sale of supplies from the SNS that
have outlasted its usefulness. The amendment was adopted by
voice vote en bloc with Senators Johnson, Portman, Paul,
Lankford, Romney, Scott, Enzi, Hawley, Peters, Carper, Hassan,
Harris, and Rosen present.
Senator Rick Scott offered an amendment as twice modified
that permits the establishment of a PPE stockpile within the
SNS that is solely for use by first responders. The amendment
was adopted by voice vote en bloc with Senators Johnson,
Portman, Paul, Lankford, Romney, Scott, Enzi, Hawley, Peters,
Carper, Hassan, Harris, and Rosen present.
The bill as amended, was reported favorably by voice vote
en bloc. Senators present for were: Johnson, Portman, Paul,
Lankford, Romney, Scott, Enzi, Hawley, Peters, Carper, Hassan,
Harris, and Rosen.
IV. Section-by-Section Analysis of the Bill, as Reported
Section 1. Short title
This section provides the bill's short title, the
``Securing Healthcare and Response Equipment Act'', or ``SHARE
Act''.
Section 2. Transfer of equipment during a public health emergency
This section amends the Homeland Security Act of 2002 to
authorize the DHS Secretary to transfer to HHS excess supplies
and equipment in DHS inventory upon receiving a formal request
from the HHS Secretary. In addition, this section requires DHS
to evaluate the availability of excess supplies and ensure the
transfer of supplies will not affect the health of DHS
personnel. The Secretaries of HHS and the DHS must inform
Congress of any effort to transfer excess material. This
section also authorizes the Secretary of HHS, in consultation
with the Secretary of Homeland Security, to sell supplies from
the SNS that are approaching their expiration date or deemed
dispensable.
Section 3. National strategic stockpile of Personal Protective
Equipment for first responders
This section provides the Secretary of Homeland Security
with the authority if he or she chooses to create a stockpile
of PPE to ensure first responder agencies are adequately
equipped and have the means to address an emergency following
an emergency declaration under the Stafford Act.
Further, this section specifies that any PPE provided to
first responder agencies will be on a reimbursable basis.
Finally, this section requires the Secretary of Homeland
Security to submit a report to Congress one year from the date
of enactment of this bill with information on the development,
if any, of a PPE stockpile and any pertinent data related to
the procurement of supplies and maintenance of the stockpile's
contents.
V. Evaluation of Regulatory Impact
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this bill and determined
that the bill will have no regulatory impact within the meaning
of the rules. The Committee agrees with the Congressional
Budget Office's statement that the bill contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA) and would impose no costs
on state, local, or tribal governments.
VI. Congressional Budget Office Cost Estimate
CBO failed to provide the Committee with a cost estimate in
time for the final reporting deadline of the 116th Congress.
VII. Changes in Existing Law Made by the Bill, as Reported
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
H.R. 504 as reported, are shown as follows (existing law
proposed to be omitted is enclosed in brackets, new matter is
printed in italic, and existing law in which no change is
proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
* * * * * * *
TITLE 6--NATIONAL EMERGENCY MANAGEMENT
* * * * * * *
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) * * *
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
* * * * * * *
Sec. 529. Transfer of Equipment During a Public Health Emergency.
Sec. 530. National strategic stockpile of personal protective equipment
for first responders.
* * * * * * *
SEC. 529. TRANSFER OF EQUIPMENT DURING A PUBLIC HEALTH EMERGENCY.
(a) Authorization of Transfer of Equipment.--During a
public health emergency declared by the Secretary of Health and
Human Services under section 319(a) of the Public Health
Service Act (42 U.S.C. 247d(a)), the Secretary, at the request
of the Secretary of Health and Human Services, may transfer to
the Department of Health and Human Services, on a reimbursable
basis, excess personal protective equipment or medically
necessary equipment in the possession of the Department.
(b) Determination of Secretaries.--
(1) In general.--In carrying out this section--
(A) before requesting a transfer under
subsection (a), the Secretary of Health and
Human Services shall determine whether the
personal protective equipment or medically
necessary equipment is otherwise available; and
(B) before initiating a transfer under
subsection (a), the Secretary, in consultation
with the heads of each component within the
Department, shall--
(i) determine whether the personal
protective equipment or medically
necessary equipment requested to be
transferred under subsection (a) is
excess equipment; and
(ii) certify that the transfer of the
personal protective equipment or
medically necessary equipment will not
adversely impact the health or safety
of officers, employees, or contractors
of the Department.
(2) Notification.--The Secretary of Health and Human
Services and the Secretary shall each submit to
Congress a notification explaining the determination
made under subparagraphs (A) and (B), respectively, of
paragraph (1).
(3) Required inventory.--
(A) In general.--The Secretary shall--
(i) acting through the Chief Medical
Officer of the Department, maintain an
inventory of all personal protective
equipment and medically necessary
equipment in the possession of the
Department; and
(ii) make the inventory required
under clause (i) available, on a
continual basis, to--
(I) the Secretary of Health
and Human Services; and
(II) the Committee on
Appropriations and the
Committee on Homeland Security
and Governmental Affairs of the
Senate and the Committee on
Appropriations and the
Committee on Homeland Security
of the House of
Representatives.
(B) Form.--Each inventory required to be made
available under subparagraph (A) shall be
submitted in unclassified form, but may include
a classified annex.
SEC. 530. NATIONAL STRATEGIC STOCKPILE OF PERSONAL PROTECTIVE EQUIPMENT
FOR FIRST RESPONDERS.
(a) Definitions.--In this section--
(1) the term ``first responder'' means a ``public
safety officer'' as defined in section 1204 of title 1
of Omnibus Crime Control and Safe Streets Act of 1968
(34 U.S.C. 10284); and
(2) the term ``personal protective equipment''
includes protective clothing, helmets, gloves, face
shields, goggles, face masks, and other supplies or
equipment designed to protect the wearer from injury or
the spread of infection or illness, as the Secretary
determines appropriate.
(b) Authorization.--
(1) In general.--The Secretary may--
(A) establish and maintain a stockpile of
personal protective equipment for use by first
responders during an emergency declared under
section 501 (b) of Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C.
5191 (b)) or under the National Emergencies Act
(50 U.S.C. 1601 et seq.); and
(B) make such personal protective equipment
available, on a reimbursable basis, to first
responder agencies.
(2) Determination of secretary.--The Secretary shall,
in consultation with the Secretary of Health and Human
Services, determine what quantities or equipment shall
be appropriate to maintain the stockpile authorized
under paragraph (1).
(c) Reimbursement.--In lieu of reimbursement from a first
responder agency under subsection (b), the Secretary may accept
reimbursement from the State, or political subdivision thereof,
in which the first responder agency is located.
(d) Report.--Not later than 1 year after the date of
enactment of this section, the Secretary shall submit to
Congress a report on the progress made on establishing a
stockpile under this section, including the quantity of
materials that have been obtained and a description of the
plans of the Department to maintain the stockpile.
* * * * * * *
UNITED STATES CODE
* * * * * * *
CHAPTER 6A--PUBLIC HEALTH SERVICE
* * * * * * *
Subchapter II--General Powers and Duties
* * * * * * *
PART B--FEDERAL STATE COOPERATION
* * * * * * *
SEC. 247D-6B. STRATEGIC NATIONAL STOCKPILE AND SECURITY COUNTERMEASURE
PROCUREMENTS.
(a) * * *
(1) * * *
* * * * * * *
(6) Transfers of items.--The Secretary, in
coordination with the Secretary of Homeland Secretary,
may sell drugs, vaccines and other biological products,
medical devices, or other supplies maintained in the
stockpile under paragraph (1) to a Federal agency or
private, nonprofit, State, local, tribal, or
territorial entity for immediate use and distribution,
provided that any such items being sold are--
(A) within 1 year of their expiration date;
or
(B) determined by the Secretary to no longer
be needed in the stockpile due to advances in
medical or technical capabilities.
* * * * * * *
[all]