118 STAT. 845 PUBLIC LAW 108–276—JULY 21, 2004 ‘‘(A) PROPOSAL TO THE PRESIDENT.—If, pursuant to an assessment under paragraph (3), the Homeland Security Secretary and the Secretary make a determination that a countermeasure would be appropriate but is either currently unavailable for procurement as a security countermeasure or is approved, licensed, or cleared only for alternative uses, such Secretaries may jointly submit to the President a proposal to— ‘‘(i) issue a call for the development of such countermeasure; and ‘‘(ii) make a commitment that, upon the first development of such countermeasure that meets the conditions for procurement under paragraph (5), the Secretaries will, based in part on information obtained pursuant to such call, make a recommendation under paragraph (6) that the special reserve fund under para graph (10) be made available for the procurement of such countermeasure. ‘‘(B) COUNTERMEASURE SPECIFICATIONS.—The Home land Security Secretary and the Secretary shall, to the extent practicable, include in the proposal under subpara graph (A)— ‘‘(i) estimated quantity of purchase (in the form of number of doses or number of effective courses of treatments regardless of dosage form); ‘‘(ii) necessary measures of minimum safety and effectiveness; ‘‘(iii) estimated price for each dose or effective course of treatment regardless of dosage form; and ‘‘(iv) other information that may be necessary to encourage and facilitate research, development, and manufacture of the countermeasure or to provide speci fications for the countermeasure. ‘‘(C) PRESIDENTIAL APPROVAL.—If the President approves a proposal under subparagraph (A), the Homeland Security Secretary and the Secretary shall make known to persons who may respond to a call for the counter measure involved— ‘‘(i) the call for the countermeasure; ‘‘(ii) specifications for the countermeasure under subparagraph (B); and ‘‘(iii) the commitment described in subparagraph (A)(ii). ‘‘(5) SECRETARY’S DETERMINATION OF COUNTERMEASURES APPROPRIATE FOR FUNDING FROM SPECIAL RESERVE FUND.— ‘‘(A) IN GENERAL.—The Secretary, in accordance with the provisions of this paragraph, shall identify specific security countermeasures that the Secretary determines, in consultation with the Homeland Security Secretary, to be appropriate for inclusion in the stockpile under sub section (a) pursuant to procurements made with amounts in the special reserve fund under paragraph (10) (referred to in this subsection individually as a ‘procurement under this subsection’).
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