land Security Secretary’’ and inserting the 
following: 
‘‘INTERAGENCY
AGREEMENT; 
COST.—The 
Homeland 
Security 
Sec-
retary’’; and 
(ii) by striking clause (ii); 
(D) in paragraph (7)(C)(ii)— 
(i) by amending clause (I) to read as 
follows: 
‘‘(I) PAYMENT CONDITIONED ON 
DELIVERY.—The contract shall pro-
vide 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 Sec-
retary’s discretion) that an advance 
payment, partial payment for signifi-
cant milestones, or payment to in-
crease manufacturing capacity is nec-
essary to ensure success of a project, 
the Secretary shall pay an amount, 
not to exceed 10 percent of the con-
tract amount, in advance of delivery. 
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The Secretary shall, to the extent 
practicable, make the determination of 
advance payment at the same time as 
the issuance of a solicitation. The con-
tract shall provide that such advance 
payment is required to be repaid if 
there is a failure to perform by the 
vendor under the contract. The con-
tract may also provide for additional 
advance payments of 5 percent each 
for meeting the milestones specified in 
such contract. Provided that the spec-
ified milestones are reached, these ad-
vanced payments of 5 percent shall 
not be required to be repaid. Nothing 
in this subclause shall be construed as 
affecting the rights of vendors under 
provisions of law or regulation (in-
cluding the Federal Acquisition Regu-
lation) relating to the termination of 
contracts for the convenience of the 
Government.’’; and 
(ii) by adding at the end the fol-
lowing: 
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‘‘(VII) PROCUREMENT OF MUL-
TIPLE
PRODUCTS
AND
TECH-
NOLOGIES.—Notwithstanding 
any 
other provision of law or regulation, 
the Secretary shall, where possible, 
enter into multiple transactions for 
the procurement of multiple tech-
nologies and products from multiple 
manufacturers of security counter-
measures in order to mitigate against 
the risks associated with dependence 
on a single supplier or technology. 
‘‘(VIII) SALES
EXCLUSIVITY.— 
The contract may provide that the 
vendor is the exclusive supplier of the 
product to the Federal Government 
for a specified period of time, not to 
exceed the term of the contract, on 
the condition that the vendor is able 
to satisfy the needs of the Govern-
ment. During the agreed period of 
sales exclusivity, the vendor shall not 
assign its rights of sales exclusivity to 
another entity or entities without ap-
proval by the Secretary. Such a sales 
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exclusivity provision in such a con-
tract shall constitute a valid basis for 
a sole source procurement under sec-
tion 303(c)(1) of the Federal Property 
and Administrative Services Act of 
1949 (41 U.S.C. 253(c)(1)). 
‘‘(IX) SURGE
CAPACITY.—The 
contract may provide that the vendor 
establish domestic manufacturing ca-
pacity of the product to ensure that 
additional production of the product is 
available in the event that the Sec-
retary determines that there is a need 
to quickly purchase additional quan-
tities of the product. Such contract 
may provide a fee to the vendor for 
establishing and maintaining such ca-
pacity in excess of the initial require-
ment for the purchase of the product. 
Additionally, the cost of maintaining 
the domestic manufacturing capacity 
shall be an allowable and allocable di-
rect cost of the contract. 
‘‘(X) 
ADDITIONAL
CONTRACT 
TERMS.—The Secretary, in any con-
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tract for procurement under this sec-
tion, may specify— 
‘‘(aa) the dosing and admin-
istration requirements for coun-
termeasures to be developed and 
procured; 
‘‘(bb) the amount of funding 
that will be dedicated by the Sec-
retary for development and ac-
quisition of the countermeasure; 
and 
‘‘(cc) the specifications the 
countermeasure must meet to 
qualify for procurement under a 
contract under this section.’’; and 
(E) in paragraph (8)(A), by adding at the 
end the following: ‘‘Such agreements may allow 
other executive agencies to order qualified and 
security countermeasures under procurement 
contracts or other agreements established by 
the Secretary. Such ordering process (including 
transfers of appropriated funds between an 
agency and the Department of Health and 
Human Services as reimbursements for such or-
ders for countermeasures) may be conducted 
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under the authority of section 1535 of title 31, 
United States Code, except that all such orders 
shall be processed under the terms established 
under this section for the procurement of coun-
termeasures.’’. 
(b) 
QUALIFIED
COUNTERMEASURES.—Section 
319F–1(b) of the Public Health Service Act (42 U.S.C. 
247d–6a(b)) is amended by adding at the end the fol-
lowing: 
‘‘(5) PROCUREMENT OF MULTIPLE PRODUCTS 
AND
TECHNOLOGIES.—Notwithstanding any other 
provision of law or regulation, the Secretary shall, 
where possible, enter into multiple transactions for 
the procurement of multiple technologies and prod-
ucts from multiple manufacturers of qualified coun-
termeasures in order to mitigate against the risks 
associated with dependence on a single supplier or 
technology.’’. 
SEC. 7. RULE OF CONSTRUCTION. 
Nothing in this Act, or any amendment made by this 
Act, shall be construed to affect any law that applies to 
the National Vaccine Injury Compensation Program under 
title XXI of the Public Health Service Act (42 U.S.C. 
300aa–1 et seq.), including such laws regarding— 
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(1) whether claims may be filed or compensa-
tion may be paid for a vaccine-related injury or 
death under such Program; 
(2) claims pending under such Program; and 
(3) any petitions, cases, or other proceedings 
before the United States Court of Federal Claims 
pursuant to such title. 
Æ 
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