§ 101.52 - Controlling the general distribution of a material in the civilian market.

§ 101.52 Controlling the general distribution of a material in the civilian market.

(a)

No allocation action taken by HHS may be used to control the general distribution of a material in the civilian market, unless the Secretary has:

(

1

a) Made a written finding that:

(

i

1) Such material is a scarce and critical material essential to the national defense, and

(

ii

2) The requirements of the national defense for such material cannot otherwise be met without creating a significant dislocation of the normal distribution of such material in the civilian market to such a degree as to create appreciable hardship;

(

2

b) Submitted the finding for the President's approval through the Assistant to the President

for

and National Security

Affairs

Advisor and the Assistant to the President for Homeland Security and Counterterrorism; and

(

3

c) The President has approved the finding.

(b) The requirements of this section may not delegated by the Secretary (See E.O. 13603, Section 201(e)).