---
kind: "section"
citation: "6 U.S.C. § 321r"
title: "6"
title_heading: "Domestic Security"
number: "321r"
heading: "Transfer of equipment during a public health emergency"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/6/321r"
units:
  - "Chapter 1 — Homeland Security Organization"
  - "Subchapter V — National Emergency Management"
---

# §321r. Transfer of equipment during a public health emergency

- (a) **Authorization of transfer of equipment—** During a public health [emergency](/usc/6/701.md?p=6) declared by the [Secretary](/usc/6/101.md?p=16) of Health and Human Services under [section 247d(a) of title 42](/usc/42/247d.md?p=a), the [Secretary](/usc/6/101.md?p=16), at the request of the [Secretary](/usc/6/101.md?p=16) of Health and Human Services, may transfer to the [Department](/usc/6/101.md?p=5) of Health and Human Services, on a reimbursable basis, excess personal protective equipment or medically necessary equipment in the possession of the [Department](/usc/6/101.md?p=5).
- (b) **Determination by Secretaries—**
  - (1) **In general—** In carrying out this section—
    - (A) before requesting a transfer under [subsection (a)](#a), the [Secretary](/usc/6/101.md?p=16) 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)](#a), the [Secretary](/usc/6/101.md?p=16), in consultation with the heads of each component within the [Department](/usc/6/101.md?p=5), shall—
      - (i) determine whether the personal protective equipment or medically necessary equipment requested to be transferred under [subsection (a)](#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](/usc/6/101.md?p=5).
  - (2) **Notification—** The [Secretary](/usc/6/101.md?p=16) of Health and Human Services and the [Secretary](/usc/6/101.md?p=16) shall each submit to Congress a notification explaining the determination made under subparagraphs (A) and (B), respectively, of [paragraph (1)](#b-1).
  - (3) **Required inventory—**
    - (A) **In general—** The [Secretary](/usc/6/101.md?p=16) shall—
      - (i) acting through the Chief Medical Officer of the [Department](/usc/6/101.md?p=5), maintain an inventory of all personal protective equipment and medically necessary equipment in the possession of the [Department](/usc/6/101.md?p=5); and
      - (ii) make the inventory required under [clause (i)](#b-3-A-i) available, on a continual basis, to—
        - (I) the [Secretary](/usc/6/101.md?p=16) of Health and Human Services; and
        - (II) the Committee on Appropriations and the Committee on [Homeland](/usc/6/101.md?p=1) Security and Governmental Affairs of the Senate and the Committee on Appropriations and the Committee on [Homeland](/usc/6/101.md?p=1) Security of the House of Representatives.
    - (B) **Form—** Each inventory required to be made available under [subparagraph (A)](#b-3-A) shall be submitted in unclassified form, but may include a classified annex.

## Source credit

(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.)