114 STAT. 1654A-36 PUBLIC LAW 106-398 —APPENDIX (4) The effects on the fleet maintenance strategies of Navy fleet commanders, on commercial maintenance facihties in fleet concentration areas, and on the administration of funds in compliance with section 2466 of title 10, United States Code, of awarding to a contractor for the construction of a destroyer in that class all maintenance workloads for destroyers in that class that are below depot-level maintenance and above shiplevel maintenance. SEC. 216. LIMITATION ON RUSSIAN AMERICAN OBSERVATION SAT- ELLITES PROGRAM. None of the funds authorized to be appropriated under section 201(4) for the Russian American Observation Satellites program may be obligated or expended until 30 days after the Secretary of Defense submits to Congress a report explaining how the Secretary plans to protect United States advanced military technology that may be associated with the Russian American Observation Satellites program. SEC. 217. JOINT BIOLOGICAL DEFENSE PROGRAM. (a) LIMITATION.— Subject to subsection (c), funds authorized to be appropriated by this Act may not be obligated for the procurement of a vaccine for the biological agent anthrax until the Secretary of Defense has submitted to the congressional defense committees each of the following: (1) A written notification that the Food and Drug Administration has approved the current manufacturer for production of the vaccine. (2) A report on the contingencies associated with continuing to rely on the current manufacturer to supply the vaccine. (b) CONTENT OF REPORT. —The report required under subsection (a)(2) shall include each of the following: (1) Recommended strategies to mitigate the risk to the Department of Defense of losing the current manufacturer as a source of anthrax vaccine, together with a discussion of the criteria to be applied in determining whether to carry out any of the strategies and which strategy to carry out. (2) Recommended strategies to ensure that the Department of Defense can procure, from one or more sources other than the current manufacturer, an anthrax vaccine approved by the Food and Drug Administration that meets the requirements of the Department if— (A) the Food and Drug Administration does not approve the release of the anthrax vaccine available from the current manufacturer; or (B) the current manufacturer terminates the production of anthrax vaccine permanently. (3) A five-year budget to support each strategy recommended under paragraph (1) or (2). (c) PERMISSIBLE OBLIGATIONS. — (1) This section does not limit the obligation of funds for any of the following purposes: (A) The support of any action that is necessary for the current manufacturer to comply with standards of the Food and Drug Administration (including those purposes necessary to obtain or maintain a biological license application) applicable to anthrax vaccine.
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