; or (ii) for the applicable State or individuals or entities that are located within the applicable State. (2) Exception The provisions of paragraph (1) shall not apply with respect to a State if the Governor of the State requests that enforcement continue in the State during the public health emergency. (d) Action by FDA after public health emergency Not later than 180 days after the end of any public health emergency under which a State exercises its authority under subsection (a) with respect to a diagnostic test or diagnostic device, if the Food and Drug Administration has not cleared or approved such test or device under chapter V of the Federal Food, Drug, and Cosmetic Act, the Secretary shall review and make a final determination, within such 180-day period, with respect to such test or device for clearance or approval. (e) Diagnostic tests and diagnostic devices In this section, the terms diagnostic test and diagnostic device include in vitro diagnostic products, laboratory developed tests, viral tests, serological and antibody tests, and any other test used to identify, analyze, or investigate a disease.