Sec. 401. BioShield

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Section 319F–2(c) of the Public Health Service Act (42 U.S.C. 247d–6b(c)) is amended— in paragraph (1)(B)(i)(III)(bb), by striking eight years and inserting 10 years ; in paragraph (2)(C), by striking the designated congressional committees (as defined in paragraph (10)) and inserting the appropriate committees of Congress ; in paragraph (5)(B)(ii), by striking eight years and inserting 10 years ; in subparagraph

(C)of paragraph (6)— in the subparagraph heading, by striking and inserting designated congressional committees ; and appropriate congressional committees by striking the designated congressional committees and inserting the appropriate congressional committees ; and in paragraph (7)(C)— in clause (i)(I), by inserting including advanced research and development, after as may reasonably be required, ; in clause (ii)— in subclause (III), by striking eight years and inserting 10 years ; and by striking subclause

(IX)and inserting the following: The Secretary, in any contract for procurement under this section— may specify— the dosing and administration requirements for the countermeasure to be developed and procured; the amount of funding that will be dedicated by the Secretary for advanced research, development, and procurement of the countermeasure; and the specifications the countermeasure must meet to qualify for procurement under a contract under this section; and shall provide a clear statement of defined Government purpose limited to uses related to a security countermeasure, as defined in paragraph (1)(B). ; and by adding at the end the following: In carrying out this section, the Secretary may, consistent with the applicable provisions of this section, enter into contracts and other agreements that are in the best interest of the Government in meeting identified security countermeasure needs, including with respect to reimbursement of the cost of advanced research and development as a reasonable, allowable, and allocable direct cost of the contract involved. . Section 319F–2 of the Public Health Service Act ( 42 U.S.C. 247d–6b ) is amended— in subsection (c)— by striking special reserve fund under paragraph

(10)each place it appears and inserting special reserve fund as defined in subsection

(h); and by striking paragraphs

(9)and (10); and by adding at the end the following: In addition to amounts appropriated to the special reserve fund prior to the date of the enactment of this subsection, there is authorized to be appropriated, for the procurement of security countermeasures under subsection

(c)and for carrying out section 319L (relating to the Biomedical Advanced Research and Development Authority), $2,800,000,000 for the period of fiscal years 2014 through 2018. Amounts appropriated pursuant to the preceding sentence are authorized to remain available until September 30, 2019. The Secretary may utilize not more than 50 percent of the amounts authorized to be appropriated under paragraph

(1)to carry out section 319L (related to the Biomedical Advanced Research and Development Authority). Amounts authorized to be appropriated under this subsection to carry out section 319L are in addition to amounts otherwise authorized to be appropriated to carry out such section. Amounts in the special reserve fund shall not be used to pay costs other than payments made by the Secretary to a vendor for advanced development (under section 319L) or for procurement of a security countermeasure under subsection (c)(7). Not later than 30 days after any date on which the Secretary determines that the amount of funds in the special reserve fund available for procurement is less than $1,500,000,000, the Secretary shall submit to the appropriate committees of Congress a report detailing the amount of such funds available for procurement and the impact such reduction in funding will have— in meeting the security countermeasure needs identified under this section; and on the annual Public Health Emergency Medical Countermeasures Enterprise and Strategy Implementation Plan (pursuant to section 2811(d)). In this section: The term advanced research and development has the meaning given such term in section 319L(a). The term special reserve fund means the Biodefense Countermeasures appropriations account, any appropriation made available pursuant to section 521(a) of the Homeland Security Act of 2002, and any appropriation made available pursuant to subsection (g)(1). .

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42 USC 247d–6b(c)
42 USC 247d–6b

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Sec. 401

BioShield

Cite42 USC 247d–6b(c)

Cite42 USC 247d–6b

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