,,ii  #aagth ,,congress  #b;d ,session  
,s4 #cddj  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,january #d1   
#bjbb,mr4 ,cruz introduced the following
 bill2 which was read twice and referred
 to the ,committee on ,banking1         
,housing1 and ,urban ,affairs  ,a ,,bill
  ,to amend the ,federal ,food1 ,drug1  
and ,cosmetic ,act and the ,defense     
,production ,act of #aiej to prohibit   
the ,federal ,government from limiting  
,state access to key therapies1 such as 
monoclonal antibodies1 and from         
prioritizing ,federal contracts over    
,state contracts relating to purchasing 
supplies to combat the ,,covid-#ai      
pandemic4  #a4 ,ensuring fairness for   
,state contracts relating to supplies to
 combat ,,covid-#ai pandemic  7a7       
,treatment under ,defense ,production   
,act of #aiej ,section #aja of the      
,defense ,production ,act of #aiej 7#ej 
,u4,s4,c4 #deaa7 is amended-- 7#a7 in   
subsection 7a71 by striking ,the        
,president and inserting ,except as     

provided by subsection 7e71 the         
,president2 and  7#b7 by adding at the  
end the following3  7e7 ,exception for  
,state contracts relating to ,,covid-#ai
 pandemic ,the ,president may not       
exercise the authority provided by      
subsection 7a7 on or after the date of  
the enactment of this subsection to     
prioritize the performance of contracts 
or orders of the ,federal ,government   
relating to the purchase of supplies to 
combat the ,,covid-#ai pandemic over the
 performance of contracts or orders of  
the government of a ,state or territory 
or possession of the ,united ,states    
relating to the purchase of such        
supplies4  4  7b7 ,treatment under      
,federal ,food1 ,drug1 and ,cosmetic    
,act ,section #efd7;j7 of the ,federal  
,food1 ,drug1 and ,cosmetic ,act 7#ba   
,u4,s4,c4 #cfj;bbb-#c7;j77 is amended by
 adding at the end the following3  7#e7 
,nothing in this section or any other   
provision of law shall be construed to  
authorize the ,secretary to ration a    

drug authorized for use under this      
section1 limit or restrict access to    
such a drug1 or otherwise control the   
quantity of such a drug made available  
for or distributed to any ,state or     
territory1 including by imposing any    
limitation on distribution of such a    
drug to governmental entities1 such as  
requiring a ,state- and                 
territorial-coordinated distribution    
system or similar distribution system4  
4  7c7 ,use of ,,covid-#ai relief funds 
,to purchase supplies for ,states  7#a7 
,in general ,notwithstanding any other  
provision of law1 a ,state or territory 
or possession of the ,united ,states may
 use funds described in paragraph 7#b7  
to purchase supplies to combat the      
,,covid-#ai pandemic that the ,state1   
territory1 or possession was unable to  
purchase before the date of the         
enactment of this ,act because of the   
invocation by the ,president of the     
authority to prioritize contracts and   
orders under section #aja of the        

,defense ,production ,act of #aiej 7#ej 
,u4,s4,c4 #deaa74  7#b7 ,funds described
 ,funds described in this paragraph are 
funds made available to a ,state or     
territory or possession of the ,united  
,states pursuant to any of the following
 ,acts and available for obligation as  
of the date of the enactment of this    
,act3 7,a7 ,the ,coronavirus            
,preparedness and ,response             
,supplemental ,appropriations ,act1     
#bjbj 7,public ,law #aaf-abc2 #acd      
,stat4 #adf74  7,b7 ,the ,families      
,first ,coronavirus ,response ,act      
7,public ,law #aaf-abg2 #acd ,stat4     
#agh74  7,c7 ,the ,coronavirus ,aid1    
,relief1 and ,economic ,security ,act   
7,public ,law #aaf-acf2 #acd ,stat4     
#bha74  7,d7 ,the ,paycheck ,protection 
,program and ,health ,care ,enhancement 
,act 7,public ,law #aaf-aci2 #acd ,stat4
 #fbj74  7,e7 ,the ,consolidated        
,appropriations ,act1 #bjba 7,public    
,law #aaf-bfj74  7,f7 ,the ,american    
,rescue ,plan ,act of #bjba 7,public    

,law #aag-b74  7,g7 ,any other ,act     
providing funding relating to the       
,,covid-#ai pandemic4