134 STAT. 149 PUBLIC LAW 116–123—MAR. 6, 2020
O
FFICE OF THE
S
ECRETARY
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 Sep-
tember 30, 2024, to prevent, prepare for, and respond to coronavirus,
domestically or internationally, including the development of nec-
essary 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 activi-
ties: Provided, That such funds may be used to develop and dem-
onstrate 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 quan-
tities 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 Counter-
measure 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.
Grants.
Determination.
Contracts.
Vaccines.
Determination.
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