Office of the Secretary

Office of the Secretary public health and social services emergency fund (including transfer of funds) For an additional amount for “Public Health and Social Services Emergency Fund”, $3,100,000,000, to remain available until September 30, 2024, to prevent, prepare for, and respond to coronavirus, domestically or internationally, including the development of necessary countermeasures and vaccines, prioritizing platform-based technologies with U.S.-based manufacturing capabilities, and the purchase of vaccines, therapeutics, diagnostics, necessary medical supplies, medical surge capacity, and related administrative activities: Provided, That such funds may be used to develop and demonstrate innovations and enhancements to manufacturing platforms to support such capabilities: Provided further, That the Secretary of Health and Human Services shall purchase vaccines developed using funds made available under this heading in this Act to respond to an outbreak or pandemic related to coronavirus in quantities determined by the Secretary to be adequate to address the public health need: Provided further, That products purchased by the Federal government with funds made available under this heading, including vaccines, therapeutics, and diagnostics, shall be purchased in accordance with Federal Acquisition Regulation guidance on fair and reasonable pricing: Provided further, That the Secretary may take such measures authorized under current law to ensure that vaccines, therapeutics, and diagnostics developed from funds provided in this Act will be affordable in the commercial market: Provided further, That in carrying out the previous proviso, the Secretary shall not take actions that delay the development of such products: Provided further, That products purchased with funds appropriated in this paragraph may, at the discretion of the Secretary of Health and Human Services, be deposited in the Strategic National Stockpile under section 319F–2 of the Public Health Service Act: Provided further, That funds appropriated under this heading in this Act may be transferred to, and merged with, the fund authorized by section 319F–4, the Covered Countermeasure Process Fund, of the Public Health Service Act: Provided further, That funds appropriated under this heading in this Act may be used for grants for the construction, alteration, or renovation of non-Federally owned facilities to improve preparedness and response capability at the State and local level: Provided further, That funds appropriated under this heading in this Act may be used for the construction, alteration, or renovation of non-Federally owned facilities for the production of vaccines, therapeutics, and diagnostics where the Secretary determines that such a contract is necessary to secure sufficient amounts of such supplies: Provided further, That of the amount provided under this heading in this Act, $100,000,000 shall be transferred to “Health Resources and Services Administration—Primary Health Care” for grants under the Health Centers Program, as defined by section 330 of the Public Health Service Act, to prevent, prepare for, and respond to coronavirus: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.134 STAT. 150 For an additional amount for “Public Health and Social Services Emergency Fund”, $300,000,000, to remain available until September 30, 2024, for products purchased as described in the first paragraph under this heading, including the purchase of vaccines, therapeutics, and diagnostics, and under the same terms and conditions as the amounts made available in the first paragraph under this heading in this Act: Provided, That the amount made available in this paragraph shall only be made available if the Secretary of Health and Human Services certifies to the Committees on Appropriations of the House of Representatives and the Senate that the funds made available in the first paragraph under this heading in this Act allotted for such purchase of such products will be obligated imminently and that additional funds are necessary to purchase vaccines, therapeutics, or diagnostics in quantities determined by the Secretary to be adequate help to address the public health need: Provided further, That the Secretary shall notify the Committees on Appropriations of the House of Representatives and the Senate of such certification: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.