H. R. 2617—1330 
‘‘(A) IN GENERAL.—The Secretary may, at appropriate 
intervals, make available for purchase excess contents pro-
cured for, and maintained within, the stockpile under para-
graph (1) to any Federal agency or State, local, or Tribal 
government. The Secretary shall make such contents avail-
able for purchase only if— 
‘‘(i) such contents are in excess of what is required 
for appropriate maintenance of such stockpile; 
‘‘(ii) the Secretary determines that the costs for 
maintaining such excess contents are not appropriate 
to expend to meet the needs of the stockpile; and 
‘‘(iii) the Secretary determines that such action 
does not compromise national security and is in the 
national interest. 
‘‘(B) REIMBURSEMENT AND COLLECTION.—The Secretary 
may require reimbursement for contents that are made 
available under subparagraph (A), in an amount that 
reflects the cost of acquiring and maintaining such contents 
and the costs incurred to make available such contents 
in the time and manner specified by the Secretary. 
Amounts collected under this subsection shall be credited 
to the appropriations account or fund that incurred the 
costs to procure such contents, and shall remain available, 
without further appropriation, until expended, for the pur-
poses of the appropriation account or fund so credited. 
‘‘(C) RULE OF CONSTRUCTION.—This paragraph shall 
not be construed to preclude transfers of contents in the 
stockpile under other authorities. 
‘‘(D) REPORT.—Not later than 2 years after the date 
of enactment of the PREVENT Pandemics Act, and 
annually thereafter, the Secretary shall submit to the Com-
mittee on Health, Education, Labor, and Pensions and 
the Committee on Appropriations of the Senate and the 
Committee on Energy and Commerce and the Committee 
on Appropriations of the House of Representatives a report 
on the use of the authority provided under this paragraph, 
including details of each action taken pursuant to this 
paragraph, the account or fund to which any collected 
amounts have been credited, and how the Secretary has 
used such amounts. 
‘‘(E) SUNSET.—The authority under this paragraph 
shall terminate on September 30, 2028.’’. 
SEC. 2407. ACTION REPORTING ON STOCKPILE DEPLETION. 
Section 319 of the Public Health Service Act (42 U.S.C. 247d), 
as amended by section 2223, is further amended by adding at 
the end the following: 
‘‘(h) STOCKPILE DEPLETION REPORTING.—The Secretary shall, 
not later than 30 days after the deployment of contents of the 
Strategic National Stockpile under section 319F–2(a) to respond 
to a public health emergency declared by the Secretary under 
this section or an emergency or major disaster declared by the 
President under the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act, and every 30 days thereafter until the expira-
tion or termination of such public health emergency, emergency, 
or major disaster, submit a report to the Committee on Health,
H. R. 2617—1331 
Education, Labor, and Pensions and the Committee on Appropria-
tions of the Senate and the Committee on Energy and Commerce 
and the Committee on Appropriations of the House of Representa-
tives on— 
‘‘(1) the deployment of the contents of the stockpile in 
response to State, local, and Tribal requests; 
‘‘(2) the amount of such products that remain within the 
stockpile following such deployment; and 
‘‘(3) plans to replenish such products, as appropriate, 
including related timeframes and any barriers or limitations 
to replenishment.’’. 
SEC. 2408. PROVISION OF MEDICAL COUNTERMEASURES TO INDIAN 
PROGRAMS AND FACILITIES. 
(a) CLARIFICATION.—Section 319F–2(a)(3) of the Public Health 
Service Act (42 U.S.C. 247d–6b(a)(3)) is amended— 
(1) in subparagraph (C), by striking ‘‘and local’’ and 
inserting ‘‘local, and Tribal’’; and 
(2) in subparagraph ( J), by striking ‘‘and local’’ and 
inserting ‘‘local, and Tribal’’. 
(b) DISTRIBUTION OF MEDICAL COUNTERMEASURES TO INDIAN 
TRIBES.—Title III of the Public Health Service Act (42 U.S.C. 241 
et seq.) is amended by inserting after section 319F–4 the following: 
‘‘SEC. 319F–5. PROVISION OF MEDICAL COUNTERMEASURES TO INDIAN 
PROGRAMS AND FACILITIES. 
‘‘In the event that the Secretary deploys the contents of the 
Strategic National Stockpile under section 319F–2(a), or otherwise 
distributes medical countermeasures to States to respond to a public 
health emergency declared by the Secretary under section 319, 
the Secretary shall, in consultation with the applicable States, 
make such contents or countermeasures directly available to Indian 
Tribes and Tribal organizations (as such terms are defined in section 
4 of the Indian Self-Determination and Education Assistance Act 
(25 U.S.C. 5304), which may include through health programs or 
facilities operated by the Indian Health Service, that are affected 
by such public health emergency.’’. 
SEC. 2409. GRANTS FOR STATE STRATEGIC STOCKPILES. 
(a) Section 319F–2 of the Public Health Service Act (42 U.S.C. 
247d–6b) is amended by adding at the end the following: 
‘‘(i) PILOT PROGRAM TO SUPPORT STATE MEDICAL STOCKPILES.— 
‘‘(1) IN GENERAL.—The Secretary, in consultation with the 
Assistant Secretary for Preparedness and Response and the 
Director of the Centers for Disease Control and Prevention, 
shall award grants or cooperative agreements to not fewer 
than 5 States, or consortia of States, with consideration given 
to distribution among the geographical regions of the United 
States, to establish, expand, or maintain a stockpile of appro-
priate drugs, vaccines and other biological products, medical 
devices, and other medical supplies determined by the State 
to be necessary to respond to a public health emergency 
declared by the Governor of a State or by the Secretary under 
section 319, or a major disaster or emergency declared by 
the President under section 401 or 501, respectively, of the 
Robert T. Stafford Disaster Relief and Emergency Assistance 
Act, in order to support the preparedness goals described in 
paragraphs (2) through (6) and (8) of section 2802(b). A recipient
H. R. 2617—1332 
of such an award may not use award funds to support the 
stockpiling of security countermeasures (as defined in sub-
section (c)(1), unless the eligible entity provides justification 
for maintaining such countermeasures and the Secretary deter-
mines such justification is appropriate and applicable. 
‘‘(2) REQUIREMENTS.— 
‘‘(A) APPLICATION.—To be eligible to receive an award 
under paragraph (1), an entity shall prepare, in consulta-
tion with appropriate health care entities and health offi-
cials within the jurisdiction of such State or States, and 
submit to the Secretary an application that contains such 
information as the Secretary may require, including— 
‘‘(i) a plan for such stockpile, consistent with para-
graph (4), including— 
‘‘(I) a description of the activities such entity 
will carry out under the agreement; 
‘‘(II) an assurance that such entity will use 
funds under such award in alignment with the 
requirements of chapter 83 of title 41, United 
States Code (commonly referred to as the ‘Buy 
American Act’); and 
‘‘(III) an outline of proposed expenses; and 
‘‘(ii) a description of how such entity will coordinate 
with relevant entities in receipt of an award under 
section 319C–1 or 319C–2 pursuant to paragraph (4), 
including through promoting alignment between the 
stockpile plan established pursuant to clause (i) and 
applicable plans that are established by such entity 
pursuant to section 319C–1 or 319C–2. 
‘‘(B) MATCHING FUNDS.— 
‘‘(i) Subject to clause (ii), the Secretary may not 
make an award under this subsection unless the 
applicant agrees, with respect to the costs to be 
incurred by the applicant in carrying out the purpose 
described in this subsection, to make available non- 
Federal contributions toward such costs in an amount 
equal to— 
‘‘(I) for each of fiscal years 2023 and 2024, 
not less than $1 for each $20 of Federal funds 
provided in the award; and 
‘‘(II) for fiscal year 2025 and each fiscal year 
thereafter, not less than $1 for each $10 of Federal 
funds provided in the award. 
‘‘(ii) WAIVER.—The Secretary may, upon the 
request of a State, waive the requirement under clause 
(i), in whole or in part, if the Secretary determines 
that extraordinary economic conditions in the State 
in the fiscal year involved or in the previous fiscal 
year justify the waiver. A waiver provided by the Sec-
retary under this subparagraph shall apply only to 
the fiscal year involved. 
‘‘(C) ADMINISTRATIVE
EXPENSES.—Not more than 10 
percent of amounts received by an entity pursuant to an 
award under this subsection may be used for administrative 
expenses. 
‘‘(3) LEAD ENTITY.—An entity in receipt of an award under 
paragraph (1) may designate a lead entity, which may be a
H. R. 2617—1333 
public or private entity, as appropriate, to manage the stockpile 
at the direction of the State or consortium of States. 
‘‘(4) USE
OF
FUNDS.—An entity in receipt of an award 
under paragraph (1) shall use such funds to— 
‘‘(A) purchase, store, and maintain a stockpile of appro-
priate drugs, vaccines and other biological products, med-
ical devices, and other medical supplies to be used during 
a public health emergency, major disaster, or emergency 
described in paragraph (1), in such numbers, types, and 
amounts as the entity determines necessary, consistent 
with such entity’s stockpile plan established pursuant to 
paragraph (2)(A)(i); 
‘‘(B) deploy the stockpile as required by the entity 
to respond to an actual or potential public health emer-
gency, major disaster, or other emergency described in 
paragraph (1); 
‘‘(C) replenish and make necessary additions or modi-
fications to the contents of such stockpile, including to 
address potential depletion; 
‘‘(D) in consultation with Federal, State, and local offi-
cials, take into consideration the availability, deployment, 
dispensing, and administration requirements of medical 
products within the stockpile; 
‘‘(E) ensure that procedures are followed for inventory 
management and accounting, and for the physical security 
of the stockpile, as appropriate; 
‘‘(F) review and revise, as appropriate, the contents 
of the stockpile on a regular basis to ensure that, to the 
extent practicable, new technologies and medical products 
are considered; 
‘‘(G) carry out exercises, drills, and other training for 
purposes of stockpile deployment, dispensing, and adminis-
tration of medical products, and for purposes of assessing 
the capability of such stockpile to address the medical 
supply needs of public health emergencies, major disasters, 
or other emergencies described in paragraph (1) of varying 
types and scales, which may be conducted in accordance 
with requirements related to exercises, drills, and other 
training for recipients of awards under section 319C–1 
or 319C–2, as applicable; and 
‘‘(H) carry out other activities related to the State 
strategic stockpile as the entity determines appropriate, 
to support State efforts to prepare for, and respond to, 
public health threats. 
‘‘(5) SUPPLEMENT NOT SUPPLANT.—Awards under paragraph 
(1) shall supplement, not supplant, the maintenance and use 
of the Strategic National Stockpile by the Secretary under 
subsection (a). 
‘‘(6) GUIDANCE FOR STATES.—Not later than 180 days after 
the date of enactment of this subsection, the Secretary, in 
consultation with States, health officials, and other relevant 
stakeholders, as appropriate, shall issue guidance, and update 
such guidance as appropriate, for States related to maintaining 
and replenishing a stockpile of medical products, which may 
include strategies and best practices related to— 
‘‘(A) types of medical products and medical supplies 
that are critical to respond to public health emergencies,