§ 321r. Transfer of equipment during a public health emergency

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(a)Authorization of transfer of equipment During a public health emergency declared by the Secretary of Health and Human Services under section 247d(a) of title 42, 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 by 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.

(Pub. L. 107–296, title V, § 529, as added Pub. L. 117–58, div. G, title IX, § 70953(f)(2)(A), Nov. 15, 2021, 135 Stat. 1315.)

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