Pub. L. 116-22, tit. VII, sec. 705 (as amended)
TECHNICAL AMENDMENTS.
SEC. 705. TECHNICAL AMENDMENTS.
(a) Public Health Service Act.—Title III (42 U.S.C. 241 et seq.) is amended—
(1) in paragraphs (1) and (5) of section 319F-1(a) (42 U.S.C. 247d-6a(a)), by striking “section 319F(h)” each place such term appears and inserting “section 319F(e)”; and
(2) in section 319K(a) (42 U.S.C. 247d-7d(a)), by striking “section 319F(h)(4)” and inserting “section 319F(e)(4)”.
(b) Public Health Security Grants.—Section 319C-1(b)(2) (42 U.S.C. 247d-3a(b)(2)) is amended—
(1) in subparagraph (C), by striking “individuals,,” and inserting “individuals,”; and
(2) in subparagraph (F), by striking “make satisfactory annual improvement and describe” and inserting “makes satisfactory annual improvement and describes”.
(c) Emergency Use Instructions.—Subparagraph (A) of section 564A(e)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-3a(e)(2)) is amended by striking “subsection (a)(1)(C)(i)” and inserting “subsection (a)(1)(C)”.
(d) Products Held for Emergency Use.—Section 564B(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb-3b) is amended—
(1) in subparagraph (B), by inserting a comma after “505”; and
(2) in subparagraph (C), by inserting “or section 564A” before the period at the end.
(e) Transparency.—Section 507(c)(3) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 357(c)(3)) is amended—
(1) by striking “Nothing in” and inserting the following:
“(A) In general.—Nothing in”
;
(2) by inserting “or directing” after “authorizing”;
(3) by striking “disclose any” and inserting“disclose—
“(i) any”
;
(4) by striking the period and inserting “; or”; and
(5) by adding at the end the following:
“(ii) in the case of a drug development tool that may be used to support the development of a qualified countermeasure, security countermeasure, or qualified pandemic or epidemic product, as defined in sections 319F-1, 319F-2, and 319F-3, respectively, of the Public Health Service Act, any information that the Secretary determines has a significant potential to affect national security.
“(B) Public acknowledgment.—In the case that the Secretary, pursuant to subparagraph (A)(ii), does not make information publicly available, the Secretary shall provide on the internet website of the Food and Drug Administration an acknowledgment of the information that has not been disclosed, pursuant to subparagraph (A)(ii).”
.