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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4210 Introduced in Senate (IS)]

<DOC>

116th CONGRESS
  2d Session
                                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.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              July 2, 2020

Mr. Johnson (for himself and Mr. Peters) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 A BILL

 
To amend the Homeland Security Act of 2002 to authorize the transfer of 
   certain equipment during a public health emergency, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Securing Healthcare and Response 
Equipment Act of 2020'' or the ``SHARE Act of 2020''.

SEC. 2. TRANSFER OF EQUIPMENT DURING A PUBLIC HEALTH EMERGENCY.

    (a) Amendment.--Title V of the Homeland Security Act of 2002 (6 
U.S.C. 311) is amended by adding at the end the following:

``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, personal protection 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 protection equipment or 
                medically necessary equipment is otherwise available, 
                including available by required performance of a 
                contract or order under section 101 of the Defense 
                Production Act of 1950 (50 U.S.C. 4511); and
                    ``(B) the Secretary shall determine whether the 
                personal protection equipment or medically necessary 
                equipment requested to be transferred under subsection 
                (a) is excess equipment.
            ``(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).
    ``(c) Required Inventory.--The Secretary shall--
            ``(1) maintain an inventory of all personal protection 
        equipment and medically necessary equipment in the possession 
        of the Department; and
            ``(2) make the inventory required under paragraph (1) 
        available, on a continual basis, to--
                    ``(A) the Secretary of Health and Human Services; 
                and
                    ``(B) 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) Table of Contents Amendment.--The table of contents in section 
1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 
Stat. 2135) is amended by inserting after the item relating to section 
528 the following:

``Sec. 529. Transfer of equipment during a public health emergency.''.
                                 <all>
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