Title 6 — Domestic SecurityRelease 119-73not60

§321r Transfer of Equipment During a Public Health Emergency

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

Last updated Apr 3, 2026|Official source

Summary

The Department of Homeland Security may send excess personal protective gear or other medically needed equipment it owns to the Department of Health and Human Services during a public health emergency if HHS asks for it and pays for it. Before HHS asks, HHS must check whether the gear is available elsewhere. Before the transfer, DHS must confirm the items are excess and say the transfer will not harm the health or safety of its officers, employees, or contractors. Both Secretaries must tell Congress about those decisions. DHS must keep an up-to-date inventory through its Chief Medical Officer and share it with HHS and with the Senate Appropriations Committee, the Senate Committee on Homeland Security and Governmental Affairs, the House Appropriations Committee, and the House Committee on Homeland Security. The inventory must be 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 3, 2026

Release point: 119-73not60