; (2) in subparagraph (J), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (K) in consultation with the working group under section 319F(a) and the Public Health Emergency Medical Countermeasures Enterprise established under section 2811–1, annually determine the minimum level of relevant supplies that must be maintained in the national stockpile at all times, especially in case of a significant pandemic. . (b) Determination Section 319F–2(a) of the Public Health Service Act (42 U.S.C. 247d–6b(a)) is amended by adding at the end the following: (6) Supply adequacy (A) Budget submission Not later than February 1 of each year, the Secretary shall include in the annual budget submission for the Department, and submit to the Congress, the Secretary’s request with respect to expenditures necessary to maintain the minimum level of relevant supplies in the stockpile, as determined under subsection (a)(3)(K). (B) Defense Production Act If the Secretary cannot maintain such minimum level due to other issues, including production issues, the Secretary shall request that the President use the authority provided under title I or III of the Defense Production Act of 1950 to attain and maintain that minimum level. . (c) Reimbursable transfers from Strategic National Stockpile Section 319F–2(a) of the Public Health Service Act (42 U.S.C. 247d–6b(a)), as amended by subsection (b), is further amended by adding at the end the following: (7) Transfers and reimbursements Without regard to chapter 5 of title 40, United States Code, the Secretary may transfer to any Federal department or agency, on a reimbursable basis, any drugs, vaccines and other biological products, medical devices, and other supplies in the stockpile if the transferred supplies are less than six months from expiry. . (d) Removal of limitation on the Defense Production Act Fund Section 304 of the Defense Production Act of 1950 ( 50 U.S.C. 4534 ) is amended— (1) by striking subsection (e)