,,ii ,calendar ,no4 #fbd #aafth ,,congress #b;d ,session ,s4 #dbaj ,report ,no4 #aaf-cba ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #b1 #bjbj,mr4 ,johnson 7for himself and ,mr4 ,peters7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,december #ad1 #bjbj,reported by ,mr4 ,johnson1 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 #bjjb to authorize the transfer of certain equipment during a public health emergency1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,securing ,healthcare and ,response ,equipment ,act of #bjbj or the ,,share ,act of #bjbj4 #b4 ,transfer of equipment during a public health emergency 7a7 ,amendment ,title ,v of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #caa7 is amended by adding at the end the following3 #ebi4 ,transfer of equipment during a public health emergency 7a7 ,authorization of transfer of equipment ,during a public health emergency declared by the ,secretary of ,health and ,human ,services under section #cai7;a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d7a771 the ,secretary1 at the request of the ,secretary of ,health and ,human ,services1 may transfer to the ,department of ,health and ,human ,services1 on a reimbursable basis1 personal protection equipment or medically necessary equipment in the possession of the ,department4 7b7 ,determination by ,secretaries 7#a7 ,in general ,in carrying out this section-- 7,a7 before requesting a transfer under subsection 7a71 the ,secretary of ,health and ,human ,services shall determine whether the personal protection equipment or medically necessary equipment is otherwise available1 including available by required performance of a contract or order under section #aja of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #deaa72 and 7,b7 the ,secretary shall determine whether the personal protection equipment or medically necessary equipment requested to be transferred under subsection 7a7 is excess equipment4 7#b7 ,notification ,the ,secretary of ,health and ,human ,services and the ,secretary shall each submit to ,congress a notification explaining the determination made under subparagraphs 7,a7 and 7,b71 respectively1 of paragraph 7#a74 7c7 ,required inventory ,the ,secretary shall-- 7#a7 maintain an inventory of all personal protection equipment and medically necessary equipment in the possession of the ,department2 and 7#b7 make the inventory required under paragraph 7#a7 available1 on a continual basis1 to-- 7,a7 the ,secretary of ,health and ,human ,services2 and 7,b7 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 ,representatives4 4 7b7 ,table of contents amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb 7,public ,law #ajg-bif2 #aaf ,stat4 #bace7 is amended by inserting after the item relating to section #ebh the following3 ,sec4 #ebi4 ,transfer of equipment during a public health emergency4 4 #a4 ,short title ,this ,act may be cited as the ,securing ,healthcare and ,response ,equipment ,act of #bjbj or the ,,share ,act of #bjbj4 #b4 ,transfer of equipment during a public health emergency 7a7 ,amendment ,title ,v of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #caa et seq47 is amended by adding at the end the following3 #ebi4 ,transfer of equipment during a public health emergency 7a7 ,authorization of transfer of equipment ,during a public health emergency declared by the ,secretary of ,health and ,human ,services under section #cai7;a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d7a771 the ,secretary1 at the request of the ,secretary of ,health and ,human ,services1 may transfer to the ,department of ,health and ,human ,services1 on a reimbursable basis1 excess personal protective equipment or medically necessary equipment in the possession of the ,department4 7b7 ,determination by ,secretaries 7#a7 ,in general ,in carrying out this section-- 7,a7 before requesting a transfer under subsection 7a71 the ,secretary of ,health and ,human ,services shall determine whether the personal protective equipment or medically necessary equipment is otherwise available2 and 7,b7 before initiating a transfer under subsection 7a71 the ,secretary1 in consultation with the heads of each component within the ,department1 shall-- 7i7 determine whether the personal protective equipment or medically necessary equipment requested to be transferred under subsection 7a7 is excess equipment2 and 7ii7 certify that the transfer of the personal protective equipment or medically necessary equipment will not adversely impact the health or safety of officers1 employees1 or contractors of the ,department4 7#b7 ,notification ,the ,secretary of ,health and ,human ,services and the ,secretary shall each submit to ,congress a notification explaining the determination made under subparagraphs 7,a7 and 7,b71 respectively1 of paragraph 7#a74 7#c7 ,required inventory 7,a7 ,in general ,the ,secretary shall-- 7i7 acting through the ,chief ,medical ,officer of the ,department1 maintain an inventory of all personal protective equipment and medically necessary equipment in the possession of the ,department2 and 7ii7 make the inventory required under clause 7i7 available1 on a continual basis1 to-- 7,i7 the ,secretary of ,health and ,human ,services2 and 7,,ii7 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 ,representatives4 7,b7 ,form ,each inventory required to be made available under subparagraph 7,a7 shall be submitted in unclassified form1 but may include a classified annex4 4 7b7 ,table of contents amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb 7,public ,law #ajg-bif2 #aaf ,stat4 #bace7 is amended by inserting after the item relating to section #ebh the following3 ,sec4 #ebi4 ,transfer of equipment during a public health emergency4 4 7c7 ,strategic national stockpile ,section #cai;,f-#b7;a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d-#f;b7a77 is amended by adding at the end the following3 7#f7 ,transfers of items ,the ,secretary1 in coordination with the ,secretary of ,homeland ,security1 may sell drugs1 vaccines and other biological products1 medical devices1 or other supplies maintained in the stockpile under paragraph 7#a7 to a ,federal agency or private1 nonprofit1 ,state1 local1 tribal1 or territorial entity for immediate use and distribution1 provided that any such items being sold are-- 7,a7 within #a year of their expiration date2 or 7,b7 determined by the ,secretary to no longer be needed in the stockpile due to advances in medical or technical capabilities4 4 #c4 ,national strategic stockpile of personal protective equipment for first responders 7a7 ,in general ,title ,v of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #caa et seq471 as amended by section #b1 is amended by adding at the end the following3 #ecj4 ,national strategic stockpile of personal protective equipment for first responders 7a7 ,definitions ,in this section-- 7#a7 the term first responder means a public safety officer as defined in section #abjd of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajbhd72 and 7#b7 the term personal protective equipment includes protective clothing1 helmets1 gloves1 face shields1 goggles1 face masks1 and other supplies or equipment designed to protect the wearer from injury or the spread of infection or illness1 as the ,secretary determines appropriate4 7b7 ,authorization 7#a7 ,in general ,the ,secretary may-- 7,a7 establish and maintain a stockpile of personal protective equipment for use by first responders during an emergency declared under section #eja7;b7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaia7;b77 or under the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq472 and 7,b7 make such personal protective equipment available1 on a reimbursable basis1 to first responder agencies4 7#b7 ,determination of ,secretary ,the ,secretary shall1 in consultation with the ,secretary of ,health and ,human ,services1 determine what quantities of equipment shall be appropriate to maintain the stockpile authorized under paragraph 7#a74 7c7 ,reimbursement ,in lieu of reimbursement from a first responder agency under subsection 7b71 the ,secretary may accept reimbursement from the ,state1 or political subdivision thereof1 in which the first responder agency is located4 7d7 ,report ,not later than #a year after the date of enactment of this section1 the ,secretary shall submit to ,congress a report on the progress made on establishing a stockpile under this section1 including the quantity of materials that have been obtained and a description of the plans of the ,department to maintain the stockpile4 4 7b7 ,technical and conforming amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb 7,public ,law #ajg-bif2 #aaf ,stat4 #bace7 is amended by inserting after the item relating to section #ebi1 as added by section #b1 the following3 ,sec4 #ecj4 ,national strategic stockpile of personal protective equipment for first responders4 4 ,december #ad1 #bjbj,reported with an amendment