Amends the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 to direct the Secretary to:
(1) coordinate with the Secretary of Homeland Security to maintain the Strategic National Stockpile (a stockpile of drugs, vaccines, and medical devices and supplies to provide for the emergency health security of the United States in the event of a bioterrorist attack or other public health emergency);
(2) deploy the Stockpile to respond to an actual or potential emergency as required by the Secretary of Homeland Security; and
(3) deploy the Stockpile to respond to an actual or potential public health emergency or other situation in which deployment is necessary to protect the public health or safety.
Allows security countermeasures to be procured using the special reserve fund (a biodefense countermeasures appropriations account set up pursuant to this Act). Defines "security countermeasure" as a countermeasure that is either authorized for emergency use or that the Secretary determines is a priority, is necessary, and is an approved drug or a drug reasonably likely to be approved within eight years.
Provides that in order for a countermeasure to be procured using the special reserve fund:
(1) the Secretary of Homeland Security must identify a chemical, biological, radiological or nuclear agent as a material threat to the U.S. population sufficient to affect national security;
(2) the Secretary must determine that a countermeasure is necessary to protect the public health;
(3) the Secretary must assess the availability and appropriateness of the countermeasure to address the identified material threat;
(4) the Secretary of Homeland Security and the Secretary must jointly submit to the President a proposal to issue a call for the development of needed countermeasures that are either not available or cleared only for alternative purposes;
(5) the Secretaries must make a commitment that they will recommend that the special reserve fund be made available for the procurement of such a countermeasure;
(6) the President must approve the proposal;
(7) the Secretaries must make specified information known to persons who may respond to a call for the countermeasure involved, including the specifications of the needed countermeasure;
(8) the Secretary must determine which countermeasures can appropriately be procured using the special reserve fund by considering the quantities needed, the feasibility of producing and delivering such a quantity within eight years, and the lack of a commercial market;
(9) the Secretaries and the Director of the Office of Management Budget must submit to the President a recommendation that the special reserve fund be used to procure the countermeasure; and
(10) the President must approve the recommendation.
Requires the Secretary and the Secretary of Homeland Security to notify designated congressional committees promptly that a material threat has been identified for which countermeasures are necessary to protect the public health and that the President has approved a recommendation for countermeasure procurement using the special reserve fund.
Amends the Homeland Security Act to change the responsibilities of the Secretary of Homeland Security as they relate to the Stockpile. Authorizes appropriations:
(1) for FY 2004 through 2013 for the special reserve fund to procure security countermeasures approved by the President;
(2) for FY 2004 through 2006 for the hiring of personnel to carry out terror threat assessments; and
(3) for the acquisition and deployment of secure intelligence-sharing facilities.
Transfers the functions, personnel, assets, unexpended balances, and liabilities of the Stockpile from the Secretary of Homeland Security to the Secretary.