[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                     
          
-----------------------------------------------------------------------------------               
              
        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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    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]