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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 09:52:37 -04:00

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LegalText 6 U.S.C. § 321r Transfer of equipment during a public health emergency us united_states_code code_section 6 DOMESTIC SECURITY 1 HOMELAND SECURITY ORGANIZATION 321r 6 U.S.C. § 321r current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc06@119-100.zip /us/usc/t6/s321r data/legal/raw/us/code/title-06/usc06.xml 9a6b1a8303798fc0199c487ab59c7a678eac0151de4480fe406148ff5f79f206 a286ebc069cd8c7d317b4084d217abe94cd2a3642b1a3e409a909d1e92452161 4f0e30eb778b827976de2540ee4cc5e9318c405e248270cf37c420aa3bc32df1 2026-07-04 official
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6 U.S.C. § 321r - Transfer of equipment during a public health emergency

Text

(a) Authorization of transfer of equipment 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) Determination by Secretaries (1) In general 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) Notification 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) Required inventory (A) In general 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) Form Each inventory required to be made available under subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.

(Pub. L. 107296, title V, § 529, as added Pub. L. 11758, div. G, title IX, § 70953(f)(2)(A), Nov. 15, 2021, 135 Stat. 1315.)