[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4210 Reported in Senate (RS)]

<DOC>





                                                       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 Security 
                        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 Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Securing Healthcare and 
Response Equipment Act of 2020'' or the ``SHARE Act of 
2020''.</DELETED>

<DELETED>SEC. 2. TRANSFER OF EQUIPMENT DURING A PUBLIC HEALTH 
              EMERGENCY.</DELETED>

<DELETED>    (a) Amendment.--Title V of the Homeland Security Act of 
2002 (6 U.S.C. 311) is amended by adding at the end the 
following:</DELETED>

<DELETED>``SEC. 529. TRANSFER OF EQUIPMENT DURING A PUBLIC HEALTH 
              EMERGENCY.</DELETED>

<DELETED>    ``(a) Authorization of Transfer of Equipment.--During a 
public health emergency declared by the Secretary of Health and Human 
Services under section 319(a) of the Public Health Service Act (42 
U.S.C. 247d(a)), 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, personal protection equipment 
or medically necessary equipment in the possession of the 
Department.</DELETED>
<DELETED>    ``(b) Determination by Secretaries.--</DELETED>
        <DELETED>    ``(1) In general.--In carrying out this section--
        </DELETED>
                <DELETED>    ``(A) before requesting a transfer under 
                subsection (a), the Secretary of Health and Human 
                Services shall determine whether the personal 
                protection equipment or medically necessary equipment 
                is otherwise available, including available by required 
                performance of a contract or order under section 101 of 
                the Defense Production Act of 1950 (50 U.S.C. 4511); 
                and</DELETED>
                <DELETED>    ``(B) the Secretary shall determine 
                whether the personal protection equipment or medically 
                necessary equipment requested to be transferred under 
                subsection (a) is excess equipment.</DELETED>
        <DELETED>    ``(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).</DELETED>
<DELETED>    ``(c) Required Inventory.--The Secretary shall--</DELETED>
        <DELETED>    ``(1) maintain an inventory of all personal 
        protection equipment and medically necessary equipment in the 
        possession of the Department; and</DELETED>
        <DELETED>    ``(2) make the inventory required under paragraph 
        (1) available, on a continual basis, to--</DELETED>
                <DELETED>    ``(A) the Secretary of Health and Human 
                Services; and</DELETED>
                <DELETED>    ``(B) 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.''.</DELETED>
<DELETED>    (b) Table of Contents Amendment.--The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 
116 Stat. 2135) is amended by inserting after the item relating to 
section 528 the following:</DELETED>

<DELETED>``Sec. 529. Transfer of equipment during a public health 
                            emergency.''.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Securing Healthcare and Response 
Equipment Act of 2020'' or the ``SHARE Act of 2020''.

SEC. 2. TRANSFER OF EQUIPMENT DURING A PUBLIC HEALTH EMERGENCY.

    (a) Amendment.--Title V of the Homeland Security Act of 2002 (6 
U.S.C. 311 et seq.) is amended by adding at the end the following:

``SEC. 529. TRANSFER OF EQUIPMENT DURING A PUBLIC HEALTH EMERGENCY.

    ``(a) Authorization of Transfer of Equipment.--During a public 
health emergency declared by the Secretary of Health and Human Services 
under section 319(a) of the Public Health Service Act (42 U.S.C. 
247d(a)), 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.''.
    (b) Table of Contents Amendment.--The table of contents in section 
1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 
Stat. 2135) is amended by inserting after the item relating to section 
528 the following:

``Sec. 529. Transfer of equipment during a public health emergency.''.
    (c) Strategic National Stockpile.--Section 319F-2(a) of the Public 
Health Service Act (42 U.S.C. 247d-6b(a)) is amended by adding at the 
end the following:
            ``(6) Transfers of items.--The Secretary, in coordination 
        with the Secretary of Homeland Security, may sell drugs, 
        vaccines and other biological products, medical devices, or 
        other supplies maintained in the stockpile under paragraph (1) 
        to a Federal agency or private, nonprofit, State, local, 
        tribal, or territorial entity for immediate use and 
        distribution, provided that any such items being sold are--
                    ``(A) within 1 year of their expiration date; or
                    ``(B) determined by the Secretary to no longer be 
                needed in the stockpile due to advances in medical or 
                technical capabilities.''.

SEC. 3. NATIONAL STRATEGIC STOCKPILE OF PERSONAL PROTECTIVE EQUIPMENT 
              FOR FIRST RESPONDERS.

    (a) In General.--Title V of the Homeland Security Act of 2002 (6 
U.S.C. 311 et seq.), as amended by section 2, is amended by adding at 
the end the following:

``SEC. 530. NATIONAL STRATEGIC STOCKPILE OF PERSONAL PROTECTIVE 
              EQUIPMENT FOR FIRST RESPONDERS.

    ``(a) Definitions.--In this section--
            ``(1) the term `first responder' means a `public safety 
        officer' as defined in section 1204 of title I of the Omnibus 
        Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10284); 
        and
            ``(2) the term `personal protective equipment' includes 
        protective clothing, helmets, gloves, face shields, goggles, 
        face masks, and other supplies or equipment designed to protect 
        the wearer from injury or the spread of infection or illness, 
        as the Secretary determines appropriate.
    ``(b) Authorization.--
            ``(1) In general.--The Secretary may--
                    ``(A) establish and maintain a stockpile of 
                personal protective equipment for use by first 
                responders during an emergency declared under section 
                501(b) of the Robert T. Stafford Disaster Relief and 
                Emergency Assistance Act (42 U.S.C. 5191(b)) or under 
                the National Emergencies Act (50 U.S.C. 1601 et seq.); 
                and
                    ``(B) make such personal protective equipment 
                available, on a reimbursable basis, to first responder 
                agencies.
            ``(2) Determination of secretary.--The Secretary shall, in 
        consultation with the Secretary of Health and Human Services, 
        determine what quantities of equipment shall be appropriate to 
        maintain the stockpile authorized under paragraph (1).
    ``(c) Reimbursement.--In lieu of reimbursement from a first 
responder agency under subsection (b), the Secretary may accept 
reimbursement from the State, or political subdivision thereof, in 
which the first responder agency is located.
    ``(d) Report.--Not later than 1 year after the date of enactment of 
this section, the Secretary shall submit to Congress a report on the 
progress made on establishing a stockpile under this section, including 
the quantity of materials that have been obtained and a description of 
the plans of the Department to maintain the stockpile.''.
    (b) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 
116 Stat. 2135) is amended by inserting after the item relating to 
section 529, as added by section 2, the following:

``Sec. 530. National strategic stockpile of personal protective 
                            equipment for first responders.''.
                                                       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 during a public health emergency, and for other 
                               purposes.

_______________________________________________________________________

                           December 14, 2020

                       Reported with an amendment