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B-332100 1 (2020-04-28)

handle is hein.gao/gaobaebcw0001 and id is 1 raw text is: cAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-3321 00 April 28, 2020 The Honorable Ron Johnson Chairman The Honorable Gary C. Peters Ranking Member Committee on Homeland Security and Governmental Affairs United States Senate The Honorable Bennie T. Thompson Chairman The Honorable Mike Rogers Ranking Member Committee on Homeland Security House of Representatives Subject: Department of Homeland Security, Federal Emergency Management Agency: Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the Department of Homeland Security, Federal Emergency Management Agency (FEMA) entitled Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use (RIN: 1660-AB01). We received the rule on April 10, 2020. It was published in the Federal Register as a temporary final rule on April 10, 2020. 85 Fed. Reg. 20195. The effective date of the rule is April 7, 2020, until August 10, 2020. According to FEMA, the temporary rule allocates certain scarce or threatened materials for domestic use, so that they may not be exported from the United States without explicit approval by FEMA. FEMA stated that the rule covers the five following types of personal protective equipment (PPE): (1) N95 Filtering Facepiece Respirators; (2) other Filtering Facepiece Respirators; (3) Elastomeric, air purifying respirators and particulate filters/cartridges; (4) PPE surgical masks; and (5) PPE gloves or surgical gloves. According to FEMA, the temporary rule is effective from April 7, 2020, until August 10, 2020, and prohibits shipments of such designated materials from the United States without FEMA approval, subject to certain exemptions. The Congressional Review Act (CRA) requires a 60-day delay in the effective date of a major rule from the date of publication in the Federal Register or receipt of the rule by Congress, whichever is later. 5 U.S.C. § 801(a)(3)(A). The 60-day delay in effective date can be waived, however, if the agency finds for good cause that delay is impracticable, unnecessary, or contrary to the public interest, and the agency incorporates a statement of the findings and its reasons in the rule issued. 5 U.S.C. §§ 553(b)(3)(B), 808(2). According to FEMA, there is no required delay in the effective date of the rule because it is being promulgated under the good

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