Page:United States Statutes at Large Volume 118.djvu/866

 118 STAT. 836 PUBLIC LAW 108–276—JULY 21, 2004 and may be caused by administering a drug, biological product, or device that is used as described in subparagraph (A). ‘‘(3) INTERAGENCY COOPERATION.— ‘‘(A) IN GENERAL.—In carrying out activities under this section, the Secretary is authorized, subject to subpara graph (B), to enter into interagency agreements and other collaborative undertakings with other agencies of the United States Government. ‘‘(B) LIMITATION.—An agreement or undertaking under this paragraph shall not authorize another agency to exer cise the authorities provided by this section. ‘‘(4) AVAILABILITY OF FACILITIES TO THE SECRETARY.—In any grant, contract, or cooperative agreement entered into under the authority provided in this section with respect to a biocontainment laboratory or other related or ancillary specialized research facility that the Secretary determines nec essary for the purpose of performing, administering, or sup porting qualified countermeasure research and development, the Secretary may provide that the facility that is the object of such grant, contract, or cooperative agreement shall be avail able as needed to the Secretary to respond to public health emergencies affecting national security. ‘‘(5) TRANSFERS OF QUALIFIED COUNTERMEASURES.—Each agreement for an award of a grant, contract, or cooperative agreement under section 319F(h) for the development of a qualified countermeasure shall provide that the recipient of the award will comply with all applicable export related controls with respect to such countermeasure. ‘‘(b) EXPEDITED PROCUREMENT AUTHORITY.— ‘‘(1) INCREASED SIMPLIFIED ACQUISITION THRESHOLD FOR QUALIFIED COUNTERMEASURE PROCUREMENTS.— ‘‘(A) IN GENERAL.—For any procurement by the Sec retary of property or services for use (as determined by the Secretary) in performing, administering, or supporting qualified countermeasure research or development activi ties under this section that the Secretary determines nec essary to respond to pressing research and development needs under this section, the amount specified in section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11)), as applicable pursuant to section 302A(a) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 252a(a)), shall be deemed to be $25,000,000 in the administration, with respect to such procurement, of— ‘‘(i) section 303(g)(1)(A) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(g)(1)(A)) and its implementing regulations; and ‘‘(ii) section 302A(b) of such Act (41 U.S.C. 252a(b)) and its implementing regulations. ‘‘(B) APPLICATION OF CERTAIN PROVISIONS.—Notwith standing subparagraph (A) and the provision of law and regulations referred to in such subparagraph, each of the following provisions shall apply to procurements described in this paragraph to the same extent that such provisions would apply to such procurements in the absence of subparagraph (A):

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