Sec. 6302. Determination on emergency supplies and relationship to state and local efforts
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/bill/117/hr/4350/eh/section-6302·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
For the purposes of section 101 of the Defense Production Act of 1950 ( 50 U.S.C. 4511 ), the following materials shall be deemed to be scarce and critical materials essential to the national defense and otherwise meet the requirements of section 101(b) of such Act during the COVID–19 emergency period: Diagnostic tests, including serological tests, for COVID–19 and the reagents and other materials necessary for producing or conducting such tests. Personal protective equipment, including face shields, N–95 respirator masks, and any other masks determined by the Secretary of Health and Human Services to be needed to respond to the COVID–19 pandemic, and the materials to produce such equipment.
Medical ventilators, the components necessary to make such ventilators, and medicines needed to use a ventilator as a treatment for any individual who is hospitalized for COVID–19. Pharmaceuticals and any medicines determined by the Food and Drug Administration or another Government agency to be effective in treating COVID–19 (including vaccines for COVID–19) and any materials necessary to produce or use such pharmaceuticals or medicines (including self-injection syringes or other delivery systems).
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 ). In exercising authorities under title I of the Defense Production Act of 1950 ( 50 U.S.C. 4511 et seq. ) during the COVID–19 emergency period, the President (and any officer or employee of the United States to which authorities under such title I have been delegated)— may exercise the prioritization or allocation authority provided in such title I to exclude any materials described in subsection
(a)ordered by a State or local government that are scheduled to be delivered within 15 days of the time at which— the purchase order or contract by the Federal Government for such materials is made; or the materials are otherwise allocated by the Federal Government under the authorities contained in such Act; and shall, within 24 hours of any exercise of the prioritization or allocation authority provided in such title I— notify any State or local government if the exercise of such authorities would delay the receipt of such materials ordered by such government; and take such steps as may be necessary to ensure that such materials ordered by such government are delivered in the shortest possible period. Not later than 15 days after the date of the enactment of this Act, the Federal Acquisition Regulation shall be revised to reflect the requirements of subsection (b)(1).
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Sec. 6302
Determination on emergency supplies and relationship to state and local efforts
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