II 

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. 

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

3 SECTION 1. SHORT TITLE. 

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

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

6 Act of 2020’’. 


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•S 4210 IS

1 SEC. 2. TRANSFER OF EQUIPMENT DURING A PUBLIC 

2 HEALTH EMERGENCY. 

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

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

5 end the following: 

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

7 HEALTH EMERGENCY. 

8 ‘‘(a) AUTHORIZATION OF TRANSFER OF EQUIP9 MENT.—During a public health emergency declared by the 

10 Secretary of Health and Human Services under section 

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

12 247d(a)), the Secretary, at the request of the Secretary 

13 of Health and Human Services, may transfer to the De14 partment of Health and Human Services, on a reimburs15 able basis, personal protection equipment or medically nec16 essary equipment in the possession of the Department. 

17 ‘‘(b) DETERMINATION BY SECRETARIES.— 

18 ‘‘(1) IN GENERAL.—In carrying out this sec19 tion— 

20 ‘‘(A) before requesting a transfer under 

21 subsection (a), the Secretary of Health and 

22 Human Services shall determine whether the 

23 personal protection equipment or medically nec24 essary equipment is otherwise available, includ25 ing available by required performance of a conVerDate Sep 11 2014 21:44 Jul 12, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4210.IS S4210

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•S 4210 IS

1 tract or order under section 101 of the Defense 

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

3 ‘‘(B) the Secretary shall determine whether 

4 the personal protection equipment or medically 

5 necessary equipment requested to be trans6 ferred under subsection (a) is excess equipment. 

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

8 and Human Services and the Secretary shall each 

9 submit to Congress a notification explaining the de10 termination made under subparagraphs (A) and (B), 

11 respectively, of paragraph (1). 

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

13 ‘‘(1) maintain an inventory of all personal pro14 tection equipment and medically necessary equip15 ment in the possession of the Department; and 

16 ‘‘(2) make the inventory required under para17 graph (1) available, on a continual basis, to— 

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

19 Services; and 

20 ‘‘(B) the Committee on Appropriations and 

21 the Committee on Homeland Security and Gov22 ernmental Affairs of the Senate and the Com23 mittee on Appropriations and the Committee on 

24 Homeland Security of the House of Representa25 tives.’’. 


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

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

3 of 2002 (Public Law 107–296; 116 Stat. 2135) is amend4 ed by inserting after the item relating to section 528 the 

5 following: 

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

Æ 


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