Sec. 1760. Developing crisis capabilities to meet needs for homeland security-critical supplies
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/bill/116/hr/6395/rh/section-1760A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Secretary of Homeland Security shall coordinate with the Secretary of Health and Human Services, the Administrator of the Environmental Protection Agency, and the heads of other relevant Federal departments and agencies— to identify categories of homeland security-critical supplies that would be needed to address potential national emergencies or disasters, including any public health emergency, act of terrorism (as defined in section 3077 of title 18, United States Code), cyber attack, and other attack; to develop plans, designs, and guidance relating to the production, in accordance with other applicable law, of the categories of homeland security-critical supplies identified pursuant to paragraph
(1)to address the respective national emergencies and disasters, including such production by nontraditional manufacturers; and based on such final plans, designs, and guidance, to enter into such contingent arrangements with governmental and private entities, in accordance with other applicable law, as may be necessary to expedite the production of homeland security-critical supplies in the event of a national emergency or disaster. In coordinating the development or revision of a plan, design, or guidance with respect to any homeland security-critical supply under this section: The Secretary of Homeland Security shall give each Federal department or agency with responsibility for regulating the supply an opportunity— to contribute to the development or revision of the plan, design, or guidance; and to approve or disapprove the plan, design, or guidance under regulations appropriate to approving the supply for emergency or disaster use. If a Federal department or agency with responsibility for regulating the homeland security-critical supply disapproves of the plan, design, or guidance with respect to the supply, the head of the disapproving department or agency shall provide to the Secretary of Homeland Security the rationale for the disapproval. The Secretary of Homeland Security may— if no Federal department or agency disapproves a plan, design, or guidance as described in paragraphs (1)(B) and (2), finalize the plan, design, or guidance for purposes of subsections (a)(3) and (c); and if a Federal department or agency does disapprove a plan, design, or guidance as described in paragraphs (1)(B) and (2), provide an updated plan, design, or guidance for review and approval or disapproval in accordance with paragraphs
(1)and (2). The Secretary of Homeland Security shall publish each final plan, design, or guidance that is developed under this section on a public Internet website, except that the Secretary may withhold publication of, or redact information from the publication of, a plan, design, or guidance if— publicly posting the information would not be in the interest of homeland security; the information is protected from public disclosure by other applicable law; or the information is protected from public disclosure by contract. Nothing in this section shall be construed to expand, repeal, limit, or otherwise affect the provisions of other applicable law pertaining to the regulation of a homeland security-critical supply. Not less than every two years, in accordance with subsections
(a)through (e), the Secretary of Homeland Security shall coordinate the review and, as needed, revision of each plan, design, and guidance in effect under this section. In this section: The term homeland security-critical supply — means any supply needed to ensure public safety and welfare during— a national emergency or disaster, including any public health emergency, act of terrorism (as defined in section 3077 of title 18, United States Code), cyber attack, and other attack; or any other reasonably foreseeable contingency of grave consequence to the United States during which shortages are reasonably anticipated; and includes a vaccine, a medication, medical equipment, and personal protective equipment. The term nontraditional manufacturer may include (as determined by the Secretary)— a home craftsperson; a distiller; a cosmetic manufacturer; a manufacturing facility primarily designed for an industry other than manufacturing homeland security-critical supplies; an institution of higher education; an advanced manufacturing facility; a machine shop; and a research laboratory.