Sec. 5414. Nationwide Emergency Declaration medical supplies enhancement
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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 a nationwide emergency declaration 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:
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 during a nationwide emergency declaration period, 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 for use during a nationwide emergency, 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 ). In exercising authority under title III of the Defense Production Act of 1950 ( 50 U.S.C. 4531 et seq. ) with respect to materials described in subsection (a), the President shall seek to ensure that support is provided to companies that comprise the supply chains for reagents, components, raw materials, and other materials and items necessary to produce or use the materials described in subsection
(a)to the extent necessary for the national defense during a nationwide emergency declaration and subsequent major disaster declarations under sections 501 and 401, respectively, of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5191 , 5170). Not later than 90 days after the date of the enactment of this Act, the President, in consultation with the Administrator of the Federal Emergency Management Agency, the Secretary of Defense, and the Secretary of Health and Human Services, shall submit to the appropriate congressional committees a report on the exercise of authorities under titles I, III, and VII of the Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq. ) prior to the date of such report for the purposes of the nationwide emergency declaration response. The report required under subparagraph
(A)and the update required under subparagraph
(C)shall include the following: With respect to each exercise of such authority— an explanation of the purpose of the applicable contract, purchase order, or other exercise of authority (including an allocation of materials, services, and facilities under section 101(a)(2) of the Defense Production Act of 1950 ( 50 U.S.C. 4511(a)(2) ); the cost of such exercise of authority; and if applicable— the amount of goods that were purchased or allocated; an identification of the entity awarded a contract or purchase order or that was the subject of the exercise of authority; and an identification of any entity that had shipments delayed by the exercise of any authority under the Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq. ). A description of any consultations conducted with relevant stakeholders on the needs addressed by the exercise of the authorities described in subparagraph (A). The President shall provide an additional briefing to the appropriate congressional committees on the matters described under subparagraph
(B)no later than four months after the submission of the report. The requirements of this section shall terminate at the end of the nationwide emergency declaration period.
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Sec. 5414
Nationwide Emergency Declaration medical supplies enhancement
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