Sec. 2. Determination on emergency supplies and other public health emergencies
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For the purposes of section 101 of the Defense Production Act of 1950 ( 50 U.S.C. 4511 ), the following materials may be deemed by the President, during the COVID–19 emergency period, to be scarce and critical materials essential to the national defense and otherwise meet the requirements of section 101(b) of such Act, and funds available to implement such Act may be used for the purchase, production (including the construction, repair, and retrofitting of government-owned facilities as necessary), or distribution of such materials:
In vitro diagnostic products (as defined in section 809.3(a) of title 21, Code of Federal Regulations) for the detection of SARS–CoV–2 or the diagnosis of the virus that causes COVID–19, and the reagents and other materials necessary for producing, conducting, or administering such products, and the machinery, equipment, laboratory capacity, or other technology necessary to produce such products. Face masks and personal protective equipment, including non-surgical isolation gowns, face shields, nitrile gloves, N–95 filtering facepiece respirators, and any other masks or equipment (including durable medical equipment) determined by the Secretary of Health and Human Services to be needed to respond to the COVID–19 pandemic, and the materials, machinery, additional manufacturing lines or facilities, or other technology necessary to produce such equipment.
Drugs and devices (as those terms are defined in the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq.)) and biological products (as that term is defined by section 351 of the Public Health Service Act ( 42 U.S.C. 262 )) that are approved, cleared, licensed, or authorized under either of such Acts for use in treating or preventing COVID–19 and symptoms related to COVID–19, and any materials, manufacturing machinery, additional manufacturing or fill-finish lines or facilities, technology, or equipment (including durable medical equipment) necessary to produce or use such drugs, biological products, or devices (including syringes, vials, or other supplies or equipment related to delivery, distribution, or administration).
Any other medical equipment or supplies determined by the Secretary of Health and Human Services or the Secretary of Homeland Security to be scarce and critical materials essential to the national defense for purposes of section 101 of the Defense Production Act of 1950 ( 50 U.S.C. 4511 ). Section 702(14) of the Defense Production Act of 1950 is amended by striking and critical infrastructure protection and restoration and inserting , critical infrastructure protection and restoration, and public health emergency preparedness and response activities .
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Sec. 2
Determination on emergency supplies and other public health emergencies
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