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A bill to amend the Federal Food, Drug, and Cosmetic Act and the Defense Production Act of 1950 to prohibit the Federal Government from limiting State access to key therapies, such as monoclonal antibodies, and from prioritizing Federal contracts over State contracts relating to purchasing supplies to combat the COVID-19 pandemic.

USA117th CongressS-3440| Senate 
| Updated: 1/4/2022
Ted Cruz

Ted Cruz

Republican Senator

Texas

Banking, Housing, and Urban Affairs Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
This bill restricts various presidential and federal authorities related to the acquisition of supplies to combat COVID-19. Specifically, the bill prohibits the President from exercising certain authorities under the Defense Production Act of 1950 to prioritize the performance of federal contracts or orders for COVID-19 supplies over the performance of state or territorial contracts or orders. In addition, states or territories may use federal COVID-19 relief funds for COVID-19 supplies that they had been unable to purchase because of prioritized performance of federal contracts or orders. (The Defense Production Act of 1950 confers upon the President a broad set of authorities to influence domestic industry in order to provide essential materials and goods needed for the national defense.) Additionally, the Food and Drug Administration may not ration, limit, restrict access to, or otherwise control the quantity of a medical product authorized for use during an emergency, including by requiring products to be distributed through a state- or territorial-based system.
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Timeline
Jan 4, 2022
Introduced in Senate
Jan 4, 2022
Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
Feb 28, 2022

Latest Companion Bill Action

HR 117-6832
Referred to the Subcommittee on Health.
  • January 4, 2022
    Introduced in Senate


  • January 4, 2022
    Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.


  • February 28, 2022

    Latest Companion Bill Action

    HR 117-6832
    Referred to the Subcommittee on Health.

Health

Related Bills

  • HR 117-6832: To amend the Federal Food, Drug, and Cosmetic Act and the Defense Production Act of 1950 to prohibit the Federal Government from limiting State access to key therapies, such as monoclonal antibodies, and from prioritizing Federal contracts over State contracts relating to purchasing supplies to combat the COVID-19 pandemic.
Cardiovascular and respiratory healthDrug safety, medical device, and laboratory regulationDrug therapyEmergency medical services and trauma careHealth care coverage and accessHealth programs administration and fundingHealth technology, devices, suppliesInfectious and parasitic diseasesIntergovernmental relationsMilitary procurement, research, weapons developmentPresidents and presidential powers, Vice PresidentsPublic contracts and procurementState and local government operations

A bill to amend the Federal Food, Drug, and Cosmetic Act and the Defense Production Act of 1950 to prohibit the Federal Government from limiting State access to key therapies, such as monoclonal antibodies, and from prioritizing Federal contracts over State contracts relating to purchasing supplies to combat the COVID-19 pandemic.

USA117th CongressS-3440| Senate 
| Updated: 1/4/2022
This bill restricts various presidential and federal authorities related to the acquisition of supplies to combat COVID-19. Specifically, the bill prohibits the President from exercising certain authorities under the Defense Production Act of 1950 to prioritize the performance of federal contracts or orders for COVID-19 supplies over the performance of state or territorial contracts or orders. In addition, states or territories may use federal COVID-19 relief funds for COVID-19 supplies that they had been unable to purchase because of prioritized performance of federal contracts or orders. (The Defense Production Act of 1950 confers upon the President a broad set of authorities to influence domestic industry in order to provide essential materials and goods needed for the national defense.) Additionally, the Food and Drug Administration may not ration, limit, restrict access to, or otherwise control the quantity of a medical product authorized for use during an emergency, including by requiring products to be distributed through a state- or territorial-based system.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Jan 4, 2022
Introduced in Senate
Jan 4, 2022
Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
Feb 28, 2022

Latest Companion Bill Action

HR 117-6832
Referred to the Subcommittee on Health.
  • January 4, 2022
    Introduced in Senate


  • January 4, 2022
    Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.


  • February 28, 2022

    Latest Companion Bill Action

    HR 117-6832
    Referred to the Subcommittee on Health.
Ted Cruz

Ted Cruz

Republican Senator

Texas

Banking, Housing, and Urban Affairs Committee

Health

Related Bills

  • HR 117-6832: To amend the Federal Food, Drug, and Cosmetic Act and the Defense Production Act of 1950 to prohibit the Federal Government from limiting State access to key therapies, such as monoclonal antibodies, and from prioritizing Federal contracts over State contracts relating to purchasing supplies to combat the COVID-19 pandemic.
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Cardiovascular and respiratory healthDrug safety, medical device, and laboratory regulationDrug therapyEmergency medical services and trauma careHealth care coverage and accessHealth programs administration and fundingHealth technology, devices, suppliesInfectious and parasitic diseasesIntergovernmental relationsMilitary procurement, research, weapons developmentPresidents and presidential powers, Vice PresidentsPublic contracts and procurementState and local government operations