118 STAT. 1992 PUBLIC LAW 108–375—OCT. 28, 2004 amendments made by this section shall be applied to cover the unbudgeted costs of— (1) increases in Army end strengths and modularization; (2) increases in Marine Corps end strengths and necessary equipment; and (3) Navy shipbuilding requirements. (c) CONFORMING AMENDMENTS.—(1) Section 1111(c) of title 10, United States Code, is amended in the last sentence by striking ‘‘1116’’ and all that follows through the end of the sentence and inserting ‘‘1115(b) of this title, and such contributions shall be paid into the Fund as provided in section 1116(a).’’. (2) Section 1115(a) of such title is amended by striking ‘‘1116(c)’’ and inserting ‘‘1116’’. (3) Section 1115(b) of such title is amended— (A) by striking ‘‘(1) The Secretary of Defense’’ and all that follows through ‘‘of this title.’’ and inserting ‘‘The Secretary of Defense shall determine, before the beginning of each fiscal year after September 30, 2005, the total amount of the Depart ment of Defense contribution to be made to the Fund for that fiscal year for purposes of section 1116(b)(2).’’; (B) by striking paragraph (2); (C) by redesignating subparagraphs (A) and (B) as para graphs (1) and (2), respectively; (D) in each of paragraphs (1) and (2), as so redesignated, by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively; and (E) in paragraph (2)(B), as so redesignated, by striking ‘‘subparagraph (A)(ii)’’ and inserting ‘‘paragraph (1)(B)’’. (4) Section 1115(c)(1) of such title is amended by striking ‘‘and section 1116(a) of this title’’. (5) Section 1115(c)(5) of such title is amended by striking ‘‘1116(c)’’ and inserting ‘‘1116’’. (d) EFFECTIVE DATE.—The amendments made by this section shall take effect on October 1, 2005. SEC. 726. GROUNDS FOR PRESIDENTIAL WAIVER OF REQUIREMENT FOR INFORMED CONSENT OR OPTION TO REFUSE REGARDING ADMINISTRATION OF DRUGS NOT APPROVED FOR GENERAL USE. (a) INVESTIGATIONAL NEW DRUGS.—Section 1107(f) of title 10, United States Code, is amended— (1) in paragraph (1), by striking ‘‘obtaining consent—’’ and all that follows through ‘‘(C) is’’ and inserting ‘‘obtaining consent is’’; and (2) by striking paragraph (2) and inserting the following new paragraph: ‘‘(2) The waiver authority provided in paragraph (1) shall not be construed to apply to any case other than a case in which prior consent for administration of a particular drug is required by reason of a determination by the Secretary of Health and Human Services that such drug is subject to the investigational new drug requirements of section 505(i) of the Federal Food, Drug, and Cos metic Act.’’. (b) EMERGENCY USE DRUGS.—Section 1107a(a) of such title is amended— (1) by inserting ‘‘(A)’’ after ‘‘PRESIDENT.—(1)’’; 10 USC 1111 note.
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