PUBLIC LAW 109–417—DEC. 19, 2006
120 STAT. 2879
any other conduct to restrict or require participation by any person participating in such covered activities, in any unilateral or joint activity that is not reasonably necessary to carry out such covered activities. (vii) Entering into any agreement or engaging in any other conduct restricting or setting the price at which a countermeasure or product is offered for sale, whether by bid or otherwise. SEC. 406. PROCUREMENT.
Section 319F–2 of the Public Health Service Act (42 U.S.C. 247d–6b) is amended— (1) in the section heading, by inserting ‘‘AND SECURITY COUNTERMEASURE PROCUREMENTS’’ before the period; and (2) in subsection (c)— (A) in the subsection heading, by striking ‘‘BIOMEDICAL’’; (B) in paragraph (3)— (i) by striking ‘‘COUNTERMEASURES.—The Secretary’’ and inserting the following: ‘‘COUNTERMEASURES.— ‘‘(A) IN GENERAL.—The Secretary’’; and (ii) by adding at the end the following: ‘‘(B) INFORMATION.—The Secretary shall institute a process for making publicly available the results of assessments under subparagraph (A) while withholding such information as— ‘‘(i) would, in the judgment of the Secretary, tend to reveal public health vulnerabilities; or ‘‘(ii) would otherwise be exempt from disclosure under section 552 of title 5, United States Code.’’; (C) in paragraph (4)(A), by inserting ‘‘not developed or’’ after ‘‘currently’’; (D) in paragraph (5)(B)(i), by striking ‘‘to meet the needs of the stockpile’’ and inserting ‘‘to meet the stockpile needs’’; (E) in paragraph (7)(B)— (i) by striking the subparagraph heading and all that follows through ‘‘Homeland Security Secretary’’ and inserting the following: ‘‘INTERAGENCY AGREEMENT; COST.—The Homeland Security Secretary’’; and (ii) by striking clause (ii); (F) in paragraph (7)(C)(ii)— (i) by amending subclause (I) to read as follows: ‘‘(I) PAYMENT CONDITIONED ON DELIVERY.—The contract shall provide that no payment may be made until delivery of a portion, acceptable to the Secretary, of the total number of units contracted for, except that, notwithstanding any other provision of law, the contract may provide that, if the Secretary determines (in the Secretary’s discretion) that an advance payment, partial payment for significant milestones, or payment to increase manufacturing capacity is necessary to ensure success of a project, the Secretary shall pay an amount, not to exceed 10 percent of the
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