; and (B) the Assistant Secretary of Defense for Health Affairs makes a written determination, after consultation with the Commissioner of Food and Drugs, that, based on the totality of scientific evidence available to the Assistant Secretary, criteria comparable to those specified in section 564(c) of the Federal Food, Drug and Cosmetic Act ( 21 U.S.C. 360bbb–3(c) ) have been met. (4) With respect to the emergency use of an unapproved product or the emergency unapproved use of an approved product under this subsection, the Secretary of Defense shall establish such scope, conditions, and terms under this subsection as the Secretary considers appropriate, including scope, conditions, and terms comparable to those specified in section 564 of the Federal Food, Drug and Cosmetic Act ( 21 U.S.C. 360bbb–3 ). (5) (A) There is established in the Department of Defense a Department of Defense Emergency Use Authorization Committee (in this paragraph referred to as the Committee ) to advise the Assistant Secretary of Defense for Health Affairs on proposed authorizations under this subsection. (B) Members of the Committee shall be appointed by the Secretary of Defense and shall consist of prominent health care professionals who are not employees of the Department of Defense (other than for purposes of serving as a member of the Committee). (C) The Committee may be established as a subcommittee of another Federal advisory committee. (6) In this subsection: (A) The term biological product has the meaning given that term in section 351(i) of the Public Health Service Act ( 42 U.S.C. 262(i) ). (B) The terms device and drug have the meanings given those terms in section 201 of the Federal Food, Drug and Cosmetic Act ( 21 U.S.C. 321 ). (C) The term product means a drug, device, or biological product. (D) The terms unapproved product and unapproved use of an approved product have the meanings given those terms in section 564(a)(4) of the Federal Food, Drug and Cosmetic Act ( 21 U.S.C. 360bbb–3(a)(4) ). . 733. Prohibition on conduct