Page:United States Statutes at Large Volume 118.djvu/893

 118 STAT. 863 PUBLIC LAW 108–276—JULY 21, 2004 institutions, including Historically Black Colleges and Universities and those serving large proportions of Black or African Americans, American Indians, Appalachian Americans, Alaska Natives, Asians, Native Hawaiians, other Pacific Islanders, Hispanics or Latinos, or other underrepresented populations, are meaningfully aware of available research and development grants, contracts, cooperative agreements, and procurements conducted under sections 2 and 3 of this Act. SEC. 7. RECOMMENDATION FOR EXPORT CONTROLS ON CERTAIN BIO MEDICAL COUNTERMEASURES. Upon the award of any grant, contract, or cooperative agree ment under section 2 or 3 of this Act for the research, development, or procurement of a qualified countermeasure or a security counter measure (as those terms are defined in this Act), the Secretary of Health and Human Services shall, in consultation with the heads of other appropriate Federal agencies, determine whether the countermeasure involved in such grant, contract, or cooperative agreement is subject to existing export related controls and, if not, may make a recommendation to the appropriate Federal agency or agencies that such countermeasure should be included on the list of controlled items subject to such controls. SEC. 8. ENSURING COORDINATION, COOPERATION AND THE ELIMI NATION OF UNNECESSARY DUPLICATION IN PROGRAMS DESIGNED TO PROTECT THE HOMELAND FROM BIOLOGICAL, CHEMICAL, RADIOLOGICAL, AND NUCLEAR AGENTS. (a) ENSURING COORDINATION OF PROGRAMS.—The Secretary of Health and Human Services, the Secretary of Homeland Security, and the Secretary of Defense shall ensure that the activities of their respective Departments coordinate, complement, and do not unnecessarily duplicate programs to identify potential domestic threats from biological, chemical, radiological or nuclear agents, detect domestic incidents involving such agents, analyze such incidents, and develop necessary countermeasures. The aforemen tioned Secretaries shall further ensure that information and tech nology possessed by the Departments relevant to these activities are shared with the other Departments. (b) DESIGNATION OF AGENCY COORDINATION OFFICER.—The Sec retary of Health and Human Services, the Secretary of Homeland Security, and the Secretary of Defense shall each designate an officer or employee of their respective Departments who shall coordi nate, through regular meetings and communications, with the other aforementioned Departments such programs and activities carried out by their Departments. SEC. 9. AUTHORITY OF THE SECRETARY OF HEALTH AND HUMAN SERVICES DURING NATIONAL EMERGENCIES. Section 1135(b) of the Social Security Act (42 U.S.C. 1320b– 5(b)) is amended— (1) by striking paragraph (3) and inserting the following: ‘‘(3) actions under section 1867 (relating to examination and treatment for emergency medical conditions and women in labor) for— ‘‘(A) a transfer of an individual who has not been stabilized in violation of subsection (c) of such section if the transfer is necessitated by the circumstances of the 42 USC 247d–6a note. 42 USC 247d–6a note.

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