10 U.S.C. § 1107a — Emergency use products

(a) Waiver by the President. (1) When a product authorized for emergency use under section 564 of the Federal Food, Drug, and Cosmetic Act is given to a service member, only the President may waive the condition requiring people to be informed that they may accept or refuse the product. The President may waive it only after deciding in writing that complying with it is not in the interests of national security. (2) This waiver power applies only when a person must be informed of the option to accept or refuse a particular product because the Secretary of Health and Human Services decided that emergency use of the product is authorized under section 564 of that Act. (b) Provision of information. If the President waives that condition and the Secretary of Defense, after consulting the Secretary of Health and Human Services, decides that time limits make it infeasible to give the information described in section 564(e)(1)(A)(ii)(I) or (II) of that Act before administration, the information must be given to the service member, or to the member’s next of kin if the member died, as soon as possible and no later than 30 days afterward. This authority may not be delegated. Information about administration must be recorded in the member’s medical record. (c) Applicability of other provisions. If the Secretary of Health and Human Services authorizes a product under section 564(a)(1) of that Act based on a determination by the Secretary of Defense under section 564(b)(1)(B), subsections (a) through (f) of section 1107 do not apply to using that product within the authorization’s scope while the authorization is effective.