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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 Secu-
rity 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.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
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SECTION 1. SHORT TITLE.
1
This Act may be cited as the ‘‘Securing Healthcare
2
and Response Equipment Act of 2020’’ or the ‘‘SHARE
3
Act of 2020’’.
4
SEC.
2.
TRANSFER
OF
EQUIPMENT
DURING
A
PUBLIC
5
HEALTH EMERGENCY.
6
(a) AMENDMENT.—Title V of the Homeland Security
7
Act of 2002 (6 U.S.C. 311) is amended by adding at the
8
end the following:
9
‘‘SEC. 529. TRANSFER OF EQUIPMENT DURING A PUBLIC
10
HEALTH EMERGENCY.
11
‘‘(a) AUTHORIZATION
OF TRANSFER
OF EQUIP-
12
MENT.—During a public health emergency declared by the
13
Secretary of Health and Human Services under section
14
319(a) of the Public Health Service Act (42 U.S.C.
15
247d(a)), the Secretary, at the request of the Secretary
16
of Health and Human Services, may transfer to the De-
17
partment of Health and Human Services, on a reimburs-
18
able basis, personal protection equipment or medically nec-
19
essary equipment in the possession of the Department.
20
‘‘(b) DETERMINATION BY SECRETARIES.—
21
‘‘(1) IN GENERAL.—In carrying out this sec-
22
tion—
23
‘‘(A) before requesting a transfer under
24
subsection (a), the Secretary of Health and
25
Human Services shall determine whether the
26
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personal protection equipment or medically nec-
1
essary equipment is otherwise available, includ-
2
ing available by required performance of a con-
3
tract or order under section 101 of the Defense
4
Production Act of 1950 (50 U.S.C. 4511); and
5
‘‘(B) the Secretary shall determine whether
6
the personal protection equipment or medically
7
necessary equipment requested to be trans-
8
ferred under subsection (a) is excess equipment.
9
‘‘(2) NOTIFICATION.—The Secretary of Health
10
and Human Services and the Secretary shall each
11
submit to Congress a notification explaining the de-
12
termination made under subparagraphs (A) and (B),
13
respectively, of paragraph (1).
14
‘‘(c) REQUIRED INVENTORY.—The Secretary shall—
15
‘‘(1) maintain an inventory of all personal pro-
16
tection equipment and medically necessary equip-
17
ment in the possession of the Department; and
18
‘‘(2) make the inventory required under para-
19
graph (1) available, on a continual basis, to—
20
‘‘(A) the Secretary of Health and Human
21
Services; and
22
‘‘(B) the Committee on Appropriations and
23
the Committee on Homeland Security and Gov-
24
ernmental Affairs of the Senate and the Com-
25
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•S 4210 RS
mittee on Appropriations and the Committee on
1
Homeland Security of the House of Representa-
2
tives.’’.
3
(b) TABLE OF CONTENTS AMENDMENT.—The table
4
of contents in section 1(b) of the Homeland Security Act
5
of 2002 (Public Law 107–296; 116 Stat. 2135) is amend-
6
ed by inserting after the item relating to section 528 the
7
following:
8
‘‘Sec. 529. Transfer of equipment during a public health emergency.’’.
SECTION 1. SHORT TITLE.
9
This Act may be cited as the ‘‘Securing Healthcare and
10
Response Equipment Act of 2020’’ or the ‘‘SHARE Act of
11
2020’’.
12
SEC. 2. TRANSFER OF EQUIPMENT DURING A PUBLIC
13
HEALTH EMERGENCY.
14
(a) AMENDMENT.—Title V of the Homeland Security
15
Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding
16
at the end the following:
17
‘‘SEC. 529. TRANSFER OF EQUIPMENT DURING A PUBLIC
18
HEALTH EMERGENCY.
19
‘‘(a) AUTHORIZATION
OF
TRANSFER
OF
EQUIP-
20
MENT.—During a public health emergency declared by the
21
Secretary of Health and Human Services under section
22
319(a) of the Public Health Service Act (42 U.S.C.
23
247d(a)), the Secretary, at the request of the Secretary of
24
Health and Human Services, may transfer to the Depart-
25
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ment of Health and Human Services, on a reimbursable
1
basis, excess personal protective equipment or medically
2
necessary equipment in the possession of the Department.
3
‘‘(b) DETERMINATION BY SECRETARIES.—
4
‘‘(1) IN
GENERAL.—In carrying out this sec-
5
tion—
6
‘‘(A) before requesting a transfer under sub-
7
section (a), the Secretary of Health and Human
8
Services shall determine whether the personal
9
protective equipment or medically necessary
10
equipment is otherwise available; and
11
‘‘(B) before initiating a transfer under sub-
12
section (a), the Secretary, in consultation with
13
the heads of each component within the Depart-
14
ment, shall—
15
‘‘(i) determine whether the personal
16
protective equipment or medically necessary
17
equipment requested to be transferred under
18
subsection (a) is excess equipment; and
19
‘‘(ii) certify that the transfer of the
20
personal protective equipment or medically
21
necessary equipment will not adversely im-
22
pact the health or safety of officers, employ-
23
ees, or contractors of the Department.
24
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‘‘(2) NOTIFICATION.—The Secretary of Health
1
and Human Services and the Secretary shall each
2
submit to Congress a notification explaining the de-
3
termination made under subparagraphs (A) and (B),
4
respectively, of paragraph (1).
5
‘‘(3) REQUIRED INVENTORY.—
6
‘‘(A) IN GENERAL.—The Secretary shall—
7
‘‘(i) acting through the Chief Medical
8
Officer of the Department, maintain an in-
9
ventory of all personal protective equipment
10
and medically necessary equipment in the
11
possession of the Department; and
12
‘‘(ii) make the inventory required
13
under clause (i) available, on a continual
14
basis, to—
15
‘‘(I) the Secretary of Health and
16
Human Services; and
17
‘‘(II) the Committee on Appro-
18
priations and the Committee on Home-
19
land Security and Governmental Af-
20
fairs of the Senate and the Committee
21
on Appropriations and the Committee
22
on Homeland Security of the House of
23
Representatives.
24
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‘‘(B) FORM.—Each inventory required to be
1
made available under subparagraph (A) shall be
2
submitted in unclassified form, but may include
3
a classified annex.’’.
4
(b) TABLE OF CONTENTS AMENDMENT.—The table of
5
contents in section 1(b) of the Homeland Security Act of
6
2002 (Public Law 107–296; 116 Stat. 2135) is amended
7
by inserting after the item relating to section 528 the fol-
8
lowing:
9
‘‘Sec. 529. Transfer of equipment during a public health emergency.’’.
(c)
STRATEGIC
NATIONAL
STOCKPILE.—Section
10
319F–2(a) of the Public Health Service Act (42 U.S.C.
11
247d–6b(a)) is amended by adding at the end the following:
12
‘‘(6) TRANSFERS OF ITEMS.—The Secretary, in
13
coordination with the Secretary of Homeland Secu-
14
rity, may sell drugs, vaccines and other biological
15
products, medical devices, or other supplies main-
16
tained in the stockpile under paragraph (1) to a Fed-
17
eral agency or private, nonprofit, State, local, tribal,
18
or territorial entity for immediate use and distribu-
19
tion, provided that any such items being sold are—
20
‘‘(A) within 1 year of their expiration date;
21
or
22
‘‘(B) determined by the Secretary to no
23
longer be needed in the stockpile due to advances
24
in medical or technical capabilities.’’.
25
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SEC. 3. NATIONAL STRATEGIC STOCKPILE OF PERSONAL
1
PROTECTIVE
EQUIPMENT
FOR
FIRST
RE-
2
SPONDERS.
3
(a) IN GENERAL.—Title V of the Homeland Security
4
Act of 2002 (6 U.S.C. 311 et seq.), as amended by section
5
2, is amended by adding at the end the following:
6
‘‘SEC. 530. NATIONAL STRATEGIC STOCKPILE OF PERSONAL
7
PROTECTIVE
EQUIPMENT
FOR
FIRST
RE-
8
SPONDERS.
9
‘‘(a) DEFINITIONS.—In this section—
10
‘‘(1) the term ‘first responder’ means a ‘public
11
safety officer’ as defined in section 1204 of title I of
12
the Omnibus Crime Control and Safe Streets Act of
13
1968 (34 U.S.C. 10284); and
14
‘‘(2) the term ‘personal protective equipment’ in-
15
cludes protective clothing, helmets, gloves, face shields,
16
goggles, face masks, and other supplies or equipment
17
designed to protect the wearer from injury or the
18
spread of infection or illness, as the Secretary deter-
19
mines appropriate.
20
‘‘(b) AUTHORIZATION.—
21
‘‘(1) IN GENERAL.—The Secretary may—
22
‘‘(A) establish and maintain a stockpile of
23
personal protective equipment for use by first re-
24
sponders during an emergency declared under
25
section 501(b) of the Robert T. Stafford Disaster
26
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Relief and Emergency Assistance Act (42 U.S.C.
1
5191(b)) or under the National Emergencies Act
2
(50 U.S.C. 1601 et seq.); and
3
‘‘(B) make such personal protective equip-
4
ment available, on a reimbursable basis, to first
5
responder agencies.
6
‘‘(2) DETERMINATION OF SECRETARY.—The Sec-
7
retary shall, in consultation with the Secretary of
8
Health and Human Services, determine what quan-
9
tities of equipment shall be appropriate to maintain
10
the stockpile authorized under paragraph (1).
11
‘‘(c) REIMBURSEMENT.—In lieu of reimbursement
12
from a first responder agency under subsection (b), the Sec-
13
retary may accept reimbursement from the State, or polit-
14
ical subdivision thereof, in which the first responder agency
15
is located.
16
‘‘(d) REPORT.—Not later than 1 year after the date
17
of enactment of this section, the Secretary shall submit to
18
Congress a report on the progress made on establishing a
19
stockpile under this section, including the quantity of mate-
20
rials that have been obtained and a description of the plans
21
of the Department to maintain the stockpile.’’.
22
(b) TECHNICAL AND CONFORMING AMENDMENT.—The
23
table of contents in section 1(b) of the Homeland Security
24
Act of 2002 (Public Law 107–296; 116 Stat. 2135) is
25
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amended by inserting after the item relating to section 529,
1
as added by section 2, the following:
2
‘‘Sec. 530. National strategic stockpile of personal protective equipment for first
responders.’’.
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Calendar No. 624
116TH CONGRESS
2D SESSION
S. 4210
[Report No. 116–321]
A BILL
To amend the Homeland Security Act of 2002 to
authorize the transfer of certain equipment dur-
ing a public health emergency, and for other pur-
poses.
DECEMBER 14, 2020
Reported with an amendment
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