The FY2004 Department of Homeland Security Appropriations Act. (PDF - 162 KB) (PL 108-90) and supplement (PL 108-106 Sec. 1201) PDF - 162 KB) signed by President Bush on October 1, 2003, created a discretionary reserve of $5.6 billion to fund the program through FY2013. An amount not to exceed $3.4 billion may be obligated during FY2004-2008.
Funding is available for countermeasures once production of licensable products is judged scientifically feasible. HHS will be the procuring authority.
Amounts appropriated become available only upon approval by the President.
On October 21, 2004, the President directed the Director of the Office of Management and Budget (OMB) to perform the functions vested in the President under Section 319F-2 of the Public Health Service Act.
In March 2013 Congress passed and the President signed the Pandemic and All-Hazards Preparedness Reauthorization Act (PAHPRA) (PDF - 284 KB), Public Law No. 113-5. The 2013 law builds on work the U.S. Department of Health and Human Services has undertaken to advance national health security. These include authorizing funding for public health and medical preparedness programs, such as the Hospital Preparedness Program and the Public Health Emergency Preparedness Cooperative Agreement, amending the Public Health Service Act to grant state health departments greatly needed flexibility in dedicating staff resources to meeting critical community needs in a disaster, authorizing funding through 2018 for buying medical countermeasures under the Project BioShield Act, and increasing the flexibility of BioShield to support advanced research and development of potential medical countermeasures. PAHPRA also enhances the authority of the U.S. Food and Drug Administration to support rapid responses to public health emergencies.
Under PAHPRA, BARDA was appropriated for fiscal years 2014 through 2018 at least $415 million for advanced research and development and $2.8 billion over five years for Project BioShield.