II 

Calendar No. 624 

116TH CONGRESS 

2D SESSION S. 4210 

[Report No. 116–321] 

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 

DECEMBER 14, 2020 

Reported by Mr. JOHNSON, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•S 4210 RS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Securing Healthcare 

3 and Response Equipment Act of 2020’’ or the ‘‘SHARE 

4 Act of 2020’’. 

5 SEC. 2. TRANSFER OF EQUIPMENT DURING A PUBLIC 

6 HEALTH EMERGENCY. 

7 (a) AMENDMENT.—Title V of the Homeland Security 

8 Act of 2002 (6 U.S.C. 311) is amended by adding at the 

9 end the following: 

10 ‘‘SEC. 529. TRANSFER OF EQUIPMENT DURING A PUBLIC 

11 HEALTH EMERGENCY. 

12 ‘‘(a) AUTHORIZATION OF TRANSFER OF EQUIP13 MENT.—During a public health emergency declared by the 

14 Secretary of Health and Human Services under section 

15 319(a) of the Public Health Service Act (42 U.S.C. 

16 247d(a)), the Secretary, at the request of the Secretary 

17 of Health and Human Services, may transfer to the De18 partment of Health and Human Services, on a reimburs19 able basis, personal protection equipment or medically nec20 essary equipment in the possession of the Department. 

21 ‘‘(b) DETERMINATION BY SECRETARIES.— 

22 ‘‘(1) IN GENERAL.—In carrying out this sec23 tion— 

24 ‘‘(A) before requesting a transfer under 

25 subsection (a), the Secretary of Health and 

26 Human Services shall determine whether the 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•S 4210 RS

1 personal protection equipment or medically nec2 essary equipment is otherwise available, includ3 ing available by required performance of a con4 tract or order under section 101 of the Defense 

5 Production Act of 1950 (50 U.S.C. 4511); and 

6 ‘‘(B) the Secretary shall determine whether 

7 the personal protection equipment or medically 

8 necessary equipment requested to be trans9 ferred under subsection (a) is excess equipment. 

10 ‘‘(2) NOTIFICATION.—The Secretary of Health 

11 and Human Services and the Secretary shall each 

12 submit to Congress a notification explaining the de13 termination made under subparagraphs (A) and (B), 

14 respectively, of paragraph (1). 

15 ‘‘(c) REQUIRED INVENTORY.—The Secretary shall— 

16 ‘‘(1) maintain an inventory of all personal pro17 tection equipment and medically necessary equip18 ment in the possession of the Department; and 

19 ‘‘(2) make the inventory required under para20 graph (1) available, on a continual basis, to— 

21 ‘‘(A) the Secretary of Health and Human 

22 Services; and 

23 ‘‘(B) the Committee on Appropriations and 

24 the Committee on Homeland Security and Gov25 ernmental Affairs of the Senate and the ComVerDate Sep 11 2014 00:12 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S4210.RS S4210

pamtmann on DSKBC07HB2PROD with BILLS
4 

•S 4210 RS

1 mittee on Appropriations and the Committee on 

2 Homeland Security of the House of Representa3 tives.’’. 

4 (b) TABLE OF CONTENTS AMENDMENT.—The table 

5 of contents in section 1(b) of the Homeland Security Act 

6 of 2002 (Public Law 107–296; 116 Stat. 2135) is amend7 ed by inserting after the item relating to section 528 the 

8 following: 

‘‘Sec. 529. Transfer of equipment during a public health emergency.’’. 

9 SECTION 1. SHORT TITLE. 

10 This Act may be cited as the ‘‘Securing Healthcare and 

11 Response Equipment Act of 2020’’ or the ‘‘SHARE Act of 

12 2020’’. 

13 SEC. 2. TRANSFER OF EQUIPMENT DURING A PUBLIC 

14 HEALTH EMERGENCY. 

15 (a) AMENDMENT.—Title V of the Homeland Security 

16 Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding 

17 at the end the following: 

18 ‘‘SEC. 529. TRANSFER OF EQUIPMENT DURING A PUBLIC 

19 HEALTH EMERGENCY. 

20 ‘‘(a) AUTHORIZATION OF TRANSFER OF EQUIP21 MENT.—During a public health emergency declared by the 

22 Secretary of Health and Human Services under section 

23 319(a) of the Public Health Service Act (42 U.S.C. 

24 247d(a)), the Secretary, at the request of the Secretary of 

25 Health and Human Services, may transfer to the DepartVerDate Sep 11 2014 00:12 Dec 15, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\S4210.RS S4210

pamtmann on DSKBC07HB2PROD with BILLS
5 

•S 4210 RS

1 ment of Health and Human Services, on a reimbursable 

2 basis, excess personal protective equipment or medically 

3 necessary equipment in the possession of the Department. 

4 ‘‘(b) DETERMINATION BY SECRETARIES.— 

5 ‘‘(1) IN GENERAL.—In carrying out this sec6 tion— 

7 ‘‘(A) before requesting a transfer under sub8 section (a), the Secretary of Health and Human 

9 Services shall determine whether the personal 

10 protective equipment or medically necessary 

11 equipment is otherwise available; and 

12 ‘‘(B) before initiating a transfer under sub13 section (a), the Secretary, in consultation with 

14 the heads of each component within the Depart15 ment, shall— 

16 ‘‘(i) determine whether the personal 

17 protective equipment or medically necessary 

18 equipment requested to be transferred under 

19 subsection (a) is excess equipment; and 

20 ‘‘(ii) certify that the transfer of the 

21 personal protective equipment or medically 

22 necessary equipment will not adversely im23 pact the health or safety of officers, employ24 ees, or contractors of the Department. 


pamtmann on DSKBC07HB2PROD with BILLS
6 

•S 4210 RS

1 ‘‘(2) NOTIFICATION.—The Secretary of Health 

2 and Human Services and the Secretary shall each 

3 submit to Congress a notification explaining the de4 termination made under subparagraphs (A) and (B), 

5 respectively, of paragraph (1). 

6 ‘‘(3) REQUIRED INVENTORY.— 

7 ‘‘(A) IN GENERAL.—The Secretary shall— 

8 ‘‘(i) acting through the Chief Medical 

9 Officer of the Department, maintain an in10 ventory of all personal protective equipment 

11 and medically necessary equipment in the 

12 possession of the Department; and 

13 ‘‘(ii) make the inventory required 

14 under clause (i) available, on a continual 

15 basis, to— 

16 ‘‘(I) the Secretary of Health and 

17 Human Services; and 

18 ‘‘(II) the Committee on Appro19 priations and the Committee on Home20 land Security and Governmental Af21 fairs of the Senate and the Committee 

22 on Appropriations and the Committee 

23 on Homeland Security of the House of 

24 Representatives. 


pamtmann on DSKBC07HB2PROD with BILLS
7 

•S 4210 RS

1 ‘‘(B) FORM.—Each inventory required to be 

2 made available under subparagraph (A) shall be 

3 submitted in unclassified form, but may include 

4 a classified annex.’’. 

5 (b) TABLE OF CONTENTS AMENDMENT.—The table of 

6 contents in section 1(b) of the Homeland Security Act of 

7 2002 (Public Law 107–296; 116 Stat. 2135) is amended 

8 by inserting after the item relating to section 528 the fol9 lowing: 

‘‘Sec. 529. Transfer of equipment during a public health emergency.’’. 

10 (c) STRATEGIC NATIONAL STOCKPILE.—Section 

11 319F–2(a) of the Public Health Service Act (42 U.S.C. 

12 247d–6b(a)) is amended by adding at the end the following: 

13 ‘‘(6) TRANSFERS OF ITEMS.—The Secretary, in 

14 coordination with the Secretary of Homeland Secu15 rity, may sell drugs, vaccines and other biological 

16 products, medical devices, or other supplies main17 tained in the stockpile under paragraph (1) to a Fed18 eral agency or private, nonprofit, State, local, tribal, 

19 or territorial entity for immediate use and distribu20 tion, provided that any such items being sold are— 

21 ‘‘(A) within 1 year of their expiration date; 

22 or 

23 ‘‘(B) determined by the Secretary to no 

24 longer be needed in the stockpile due to advances 

25 in medical or technical capabilities.’’. 


pamtmann on DSKBC07HB2PROD with BILLS
8 

•S 4210 RS

1 SEC. 3. NATIONAL STRATEGIC STOCKPILE OF PERSONAL 

2 PROTECTIVE EQUIPMENT FOR FIRST RE3 SPONDERS. 

4 (a) IN GENERAL.—Title V of the Homeland Security 

5 Act of 2002 (6 U.S.C. 311 et seq.), as amended by section 

6 2, is amended by adding at the end the following: 

7 ‘‘SEC. 530. NATIONAL STRATEGIC STOCKPILE OF PERSONAL 

8 PROTECTIVE EQUIPMENT FOR FIRST RE9 SPONDERS. 

10 ‘‘(a) DEFINITIONS.—In this section— 

11 ‘‘(1) the term ‘first responder’ means a ‘public 

12 safety officer’ as defined in section 1204 of title I of 

13 the Omnibus Crime Control and Safe Streets Act of 

14 1968 (34 U.S.C. 10284); and 

15 ‘‘(2) the term ‘personal protective equipment’ in16 cludes protective clothing, helmets, gloves, face shields, 

17 goggles, face masks, and other supplies or equipment 

18 designed to protect the wearer from injury or the 

19 spread of infection or illness, as the Secretary deter20 mines appropriate. 

21 ‘‘(b) AUTHORIZATION.— 

22 ‘‘(1) IN GENERAL.—The Secretary may— 

23 ‘‘(A) establish and maintain a stockpile of 

24 personal protective equipment for use by first re25 sponders during an emergency declared under 

26 section 501(b) of the Robert T. Stafford Disaster 


pamtmann on DSKBC07HB2PROD with BILLS
9 

•S 4210 RS

1 Relief and Emergency Assistance Act (42 U.S.C. 

2 5191(b)) or under the National Emergencies Act 

3 (50 U.S.C. 1601 et seq.); and 

4 ‘‘(B) make such personal protective equip5 ment available, on a reimbursable basis, to first 

6 responder agencies. 

7 ‘‘(2) DETERMINATION OF SECRETARY.—The Sec8 retary shall, in consultation with the Secretary of 

9 Health and Human Services, determine what quan10 tities of equipment shall be appropriate to maintain 

11 the stockpile authorized under paragraph (1). 

12 ‘‘(c) REIMBURSEMENT.—In lieu of reimbursement 

13 from a first responder agency under subsection (b), the Sec14 retary may accept reimbursement from the State, or polit15 ical subdivision thereof, in which the first responder agency 

16 is located. 

17 ‘‘(d) REPORT.—Not later than 1 year after the date 

18 of enactment of this section, the Secretary shall submit to 

19 Congress a report on the progress made on establishing a 

20 stockpile under this section, including the quantity of mate21 rials that have been obtained and a description of the plans 

22 of the Department to maintain the stockpile.’’. 

23 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

24 table of contents in section 1(b) of the Homeland Security 

25 Act of 2002 (Public Law 107–296; 116 Stat. 2135) is 


pamtmann on DSKBC07HB2PROD with BILLS
10 

•S 4210 RS

1 amended by inserting after the item relating to section 529, 

2 as added by section 2, the following: 

‘‘Sec. 530. National strategic stockpile of personal protective equipment for first 

responders.’’. 


pamtmann on DSKBC07HB2PROD with BILLS

pamtmann on DSKBC07HB2PROD with BILLS
Calendar No. 624 

116TH CONGRESS 

2D SESSION S. 4210 

[Report No. 116–321] 

A BILL 

To amend the Homeland Security Act of 2002 to 

poses. ing a public health emergency, and for other purauthorize the transfer of certain equipment durDECEMBER 14, 2020 

Reported with an amendment 


pamtmann on DSKBC07HB2PROD with BILLS