6 U.S.C. § 321r (2024)
This is the official text of 6 U.S.C. § 321r (2024), part of Federal (US Code)’s United States Code — the codified general and permanent federal statutes of the United States, organized into more than 50 numbered titles by subject.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
Transfer of equipment during a public health emergency
Official statutory 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—
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. 107–296, title V, §529, as added Pub. L. 117–58, div. G, title IX, §70953(f)(2)(A), Nov. 15, 2021, 135 Stat. 1315.)
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—
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. 107–296, title V, §529, as added Pub. L. 117–58, div. G, title IX, §70953(f)(2)(A), Nov. 15, 2021, 135 Stat. 1315.)
Status: in_force · Read it on the official government site
Need a lawyer in Federal (US Code)?
Find a Federal (US Code) lawyer
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.