6 U.S.C. § 321r — Transfer of equipment during a public health emergency

(a) Authorization of transfer of equipment. When the Secretary of Health and Human Services declares a public health emergency under 42 U.S.C. § 247d(a), the DHS Secretary may transfer extra personal protective equipment or other medically necessary equipment to HHS. This can only happen if HHS asks for it, and DHS must be reimbursed for what it gives up. (b) Determination by Secretaries. (1) In general. Before HHS can even ask for a transfer, the HHS Secretary must first check whether the equipment is available some other way. Before DHS can start the transfer, the DHS Secretary — after talking with the heads of each DHS component — must determine that the equipment is truly excess, meaning DHS doesn't need it, and must certify that giving it up won't hurt the health or safety of DHS's own officers, employees, or contractors. (2) Notification. Both Secretaries must each send Congress a notification explaining the determination they just made. (3) Required inventory. (A) In general. The DHS Secretary, acting through the Department's Chief Medical Officer, must keep a running inventory of every piece of personal protective equipment and medically necessary equipment DHS has. This inventory must be constantly available to the HHS Secretary and to four congressional committees: the Senate Appropriations Committee, the Senate Committee on Homeland Security and Governmental Affairs, the House Appropriations Committee, and the House Committee on Homeland Security. (B) Form. Each inventory must be shared in unclassified form, though it may include a classified annex.