SECTION 1. ENSURING FAIRNESS FOR STATE CONTRACTS 
RELATING TO SUPPLIES TO COMBAT COVID– 
19 PANDEMIC. 
(a) TREATMENT UNDER DEFENSE PRODUCTION ACT 
OF 1950.—Section 101 of the Defense Production Act of 
1950 (50 U.S.C. 4511) is amended— 
(1) in subsection (a), by striking ‘‘The Presi-
dent’’ and inserting ‘‘Except as provided by sub-
section (e), the President’’; and 
(2) by adding at the end the following: 
‘‘(e) EXCEPTION FOR STATE CONTRACTS RELATING 
TO COVID–19 PANDEMIC.—The President may not exer-
cise the authority provided by subsection (a) on or after 
the date of the enactment of this subsection to prioritize 
the performance of contracts or orders of the Federal Gov-
ernment relating to the purchase of supplies to combat 
the COVID–19 pandemic over the performance of con-
tracts or orders of the government of a State or territory 
or possession of the United States relating to the purchase 
of such supplies.’’. 
(b) TREATMENT UNDER FEDERAL FOOD, DRUG, 
AND COSMETIC ACT.—Section 564(j) of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 360bbb–3(j)) is 
amended by adding at the end the following: 
‘‘(5) Nothing in this section or any other provi-
sion of law shall be construed to authorize the Sec-
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retary to ration a drug authorized for use under this 
section, limit or restrict access to such a drug, or 
otherwise control the quantity of such a drug made 
available for or distributed to any State or territory, 
including by imposing any limitation on distribution 
of such a drug to governmental entities, such as re-
quiring a State- and territorial-coordinated distribu-
tion system or similar distribution system.’’. 
(c) USE OF COVID–19 RELIEF FUNDS TO PUR-
CHASE SUPPLIES FOR STATES.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, a State or territory or possession 
of the United States may use funds described in 
paragraph (2) to purchase supplies to combat the 
COVID–19 pandemic that the State, territory, 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 con-
tracts and orders under section 101 of the Defense 
Production Act of 1950 (50 U.S.C. 4511). 
(2) FUNDS
DESCRIBED.—Funds described in 
this paragraph are funds made available to a State 
or territory or possession of the United States pur-
suant to any of the following Acts and available for 
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obligation as of the date of the enactment of this 
Act: 
(A) The Coronavirus Preparedness and 
Response Supplemental Appropriations Act, 
2020 (Public Law 116–123; 134 Stat. 146). 
(B) The Families First Coronavirus Re-
sponse Act (Public Law 116–127; 134 Stat. 
178). 
(C) The Coronavirus Aid, Relief, and Eco-
nomic Security Act (Public Law 116–136; 134 
Stat. 281). 
(D) The Paycheck Protection Program and 
Health Care Enhancement Act (Public Law 
116–139; 134 Stat. 620). 
(E) The Consolidated Appropriations Act, 
2021 (Public Law 116–260). 
(F) The American Rescue Plan Act of 
2021 (Public Law 117–2). 
(G) Any other Act providing funding relat-
ing to the COVID–19 pandemic. 
Æ 
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