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

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. 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 determine whether the personal protective equipment or medically necessary equipment requested to be transferred under subsection (a) is excess equipment; and 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. 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). 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 the Secretary of Health and Human Services; and 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. Each inventory required to be made available under subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.