Title 6 — Domestic SecurityRelease 119-73

§321r Transfer of equipment during a public health emergency

Title 6 › Chapter CHAPTER 1— - HOMELAND SECURITY ORGANIZATION › Subchapter SUBCHAPTER V— - NATIONAL EMERGENCY MANAGEMENT › § 321r

Last updated Apr 6, 2026|Official source

Summary

The Secretary may send excess personal protective gear or other medically needed equipment that the Department owns to the Secretary of Health and Human Services when HHS has declared a public health emergency under 42 U.S.C. 247d(a) and asks for it. The transfer must be reimbursable, so HHS pays the Department back. Before HHS asks, HHS must check if the items are available elsewhere. Before the Department transfers anything, the Secretary, after talking with component heads, must confirm the items are truly excess and that giving them away will not harm the health or safety of the Department’s officers, employees, or contractors. Both Secretaries must notify Congress about their decisions. The Department, through its Chief Medical Officer, must keep and continually share an inventory of all such gear and equipment with HHS and the House and Senate Appropriations and Homeland Security committees; the inventory is unclassified but may include a classified annex.

Full Legal Text

Title 6, §321r

Domestic Security — Source: USLM XML via OLRC

(a)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)(1)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)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)(A)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)Each inventory required to be made available under subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.

Reference

Citations & Metadata

Citation

6 U.S.C. § 321r

Title 6 — Domestic Security

Last Updated

Apr 6, 2026

Release point: 119-73