Sec. 2. Prioritization of contracts necessary to promote pandemic preparedness and response
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Title I of the Defense Production Act of 1950 ( 50 U.S.C. 4511 et seq.) is amended by inserting after section 101 the following: The Secretary of Health and Human Services shall— require that performance under contracts or orders (other than contracts of employment) that the Secretary deems necessary or appropriate to promote preparedness for and response to a pandemic shall take priority over performance under any other contract or order; for the purpose of assuring such priority, require acceptance and performance of such contracts or orders in preference to other contracts or orders by persons the Secretary finds to be capable of their performance; and allocate materials, services, and facilities in such manner, upon such conditions, and to such extent as the Secretary shall deem necessary or appropriate to promote the public health.
The powers granted by this section shall be used to control the general distribution of a material in the civilian market if the Secretary finds that— such material is a scarce and critical material essential to public health; and the requirements of public health for such material cannot otherwise be met without creating a significant dislocation of the normal distribution of such material in the civilian market to such a degree as to create appreciable hardship. . The Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq.) is amended— in section 102 ( 50 U.S.C. 4512 ), in the last sentence, by inserting , 101A, after sections 101 ; and in section 701(e) ( 50 U.S.C. 4551(e) ), by inserting or the Secretary of Health and Human Services makes a determination to exercise any authority to allocate any material pursuant to section 101A, after section 101, .
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Sec. 2
Prioritization of contracts necessary to promote pandemic preparedness and response
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