Page:United States Statutes at Large Volume 118.djvu/883

 118 STAT. 853 PUBLIC LAW 108–276—JULY 21, 2004 agents, the means by which such agents could be weaponized or used in a terrorist attack, and the capabilities, plans, and intentions of terrorists and other non state actors who may have or acquire such agents). All such analysts shall meet the applicable standards and qualifications for the performance of intelligence activities promulgated by the Director of Central Intelligence pursuant to section 104 of the National Security Act of 1947. ‘‘(2) INTELLIGENCE SHARING INFRASTRUCTURE.—For the pur pose of carrying out the acquisition and deployment of secure facilities (including information technology and physical infra structure, whether mobile and temporary, or permanent) suffi cient to permit the Secretary to receive, not later than 180 days after the date of enactment of the Project BioShield Act of 2004, all classified information and products to which the Under Secretary for Information Analysis and Infrastructure Protection is entitled under subtitle A of title II, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2004 through 2006.’’. (c) STOCKPILE FUNCTIONS TRANSFERRED.— (1) IN GENERAL.—Except as provided in paragraph (2), there shall be transferred to the Secretary of Health and Human Services the functions, personnel, assets, unexpended balances, and liabilities of the Strategic National Stockpile, including the functions of the Secretary of Homeland Security relating thereto. (2) EXCEPTIONS.— (A) FUNCTIONS.—The transfer of functions pursuant to paragraph (1) shall not include such functions as are explicitly assigned to the Secretary of Homeland Security by this Act (including the amendments made by this Act). (B) ASSETS AND UNEXPENDED BALANCES.—The transfer of assets and unexpended balances pursuant to paragraph (1) shall not include the funds appropriated under the heading ‘‘BIODEFENSE COUNTERMEASURES’’ in the Depart ment of Homeland Security Appropriations Act, 2004 (Public Law 108–90). (3) CONFORMING AMENDMENT.—Section 503 of the Home land Security Act of 2002 (6 U.S.C. 313) is amended by striking paragraph (6). SEC. 4. AUTHORIZATION FOR MEDICAL PRODUCTS FOR USE IN EMER GENCIES. (a) IN GENERAL.—Section 564 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bbb–3) is amended to read as follows: ‘‘SEC. 564. AUTHORIZATION FOR MEDICAL PRODUCTS FOR USE IN EMERGENCIES. ‘‘(a) IN GENERAL.— ‘‘(1) EMERGENCY USES.—Notwithstanding sections 505, 510(k), and 515 of this Act and section 351 of the Public Health Service Act, and subject to the provisions of this section, the Secretary may authorize the introduction into interstate commerce, during the effective period of a declaration under subsection (b), of a drug, device, or biological product intended for use in an actual or potential emergency (referred to in this section as an ‘emergency use’). Government organization. 42 USC 247d–6b note. Deadline. Classified information.

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