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S. 4210: SHARE Act of 2020


The text of the bill below is as of Jul 2, 2020 (Introduced).


II

116th CONGRESS

2d Session

S. 4210

IN THE SENATE OF THE UNITED STATES

July 2, 2020

(for himself and Mr. Peters) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs

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.

1.

Short title

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

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) is amended by adding at the end the following:

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, personal protection 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 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

(B)

the Secretary shall determine whether the personal protection equipment or medically necessary equipment requested to be transferred under subsection (a) is excess equipment.

(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).

(c)

Required inventory

The Secretary shall—

(1)

maintain an inventory of all personal protection equipment and medically necessary equipment in the possession of the Department; and

(2)

make the inventory required under paragraph (1) available, on a continual basis, to—

(A)

the Secretary of Health and Human Services; and

(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.

.

(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.

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