tion Act of 2002 (7 U.S.C. 8401(a)(1)(B)(i)) is amend-
ed— 
(1) in subclause (III), by striking ‘‘; and’’ and 
inserting a semicolon; 
(2) by redesignating subclause (IV) as sub-
clause (VII); and 
(3) by inserting after subclause (III) the fol-
lowing: 
‘‘(IV) whether the agent or toxin 
is endemic to the United States, as 
defined by the Secretary; 
‘‘(V) information available from 
biological risk assessments conducted 
by the Department of Homeland Se-
curity; 
‘‘(VI) newly discovered agents of 
disease, including genetically modified 
organisms or agents created syn-
thetically; and’’. 
(c) RULE
OF CONSTRUCTION.—The amendments 
made by subsections (a) and (b) shall not be construed 
to preclude the listing of a biological agent or toxin that 
is endemic to the United States. 
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SEC. 104. SHARING INFORMATION WITH TRUSTED STATE 
PARTNERS. 
(a) AMENDMENT TO THE PUBLIC HEALTH SERVICE 
ACT.—Section 351A(h)(5) of the Public Health Service 
Act (42 U.S.C. 262a(h)(5)) is amended— 
(1) in subparagraph (A), by striking ‘‘; or’’ and 
inserting a semicolon; 
(2) in subparagraph (B), by striking the period 
and inserting ‘‘; or’’; and 
(3) by inserting at the end the following: 
‘‘(C) to withhold information regarding a 
State that will assist with the State’s emer-
gency preparedness planning from the health 
director (or equivalent State official) of such 
State, if such State has in place a law to pro-
tect against the further release of such informa-
tion as determined by the Secretary.’’. 
(b) AMENDMENT TO THE AGRICULTURAL BIOTER-
RORISM PROTECTION ACT OF 2002.—Section 212(h)(5) 
of the Agricultural Bioterrorism Protection Act of 2002 
(7 U.S.C. 8401(h)(5)) is amended— 
(1) in subparagraph (A), by striking ‘‘; or’’ and 
inserting a semicolon; 
(2) in subparagraph (B), by striking the period 
and inserting ‘‘; or’’; and 
(3) by inserting at the end the following: 
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‘‘(C) to withhold information regarding a 
State that will assist with the State’s emer-
gency preparedness planning from an elected or 
appointed senior State agricultural official or 
equivalent State official (such as a State veteri-
narian or a State plant health regulatory offi-
cial) of such State, if such State has in place 
a law to protect against the further release of 
such information as determined by the Sec-
retary.’’. 
SEC. 105. IMPROVEMENTS TO INVENTORYING AND MONI-
TORING OF AGENTS. 
(a) IMPROVED METHOD TO INVENTORY AND MON-
ITOR LISTED BIOLOGICAL AGENTS.—Not later than 180 
days after enactment of this Act, the Secretary of Health 
and Human Services, in coordination with the Secretary 
of Agriculture, and in consultation with individuals with 
appropriate scientific expertise, shall issue guidance on 
inventorying and monitoring the biological agents listed 
under section 351A(a)(1) of the Public Health Service Act 
(42 U.S.C. 262a(a)(1)) and the biological agents listed 
under section 212(a)(1) of the Agricultural Bioterrorism 
Protection Act of 2002 (7 U.S.C. 8401(a)(1)). 
(b) CONSIDERATIONS.—In issuing the guidance 
under subsection (a), the Secretaries shall consider— 
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(1) the effectiveness of measures to inventory 
and monitor listed biological agents that can propa-
gate relative to the burden of these measures on lab-
oratory personnel; 
(2) qualitative and quantitative control proce-
dures for such listed agents, rather than only quan-
titative control procedures; and 
(3) in what situations registered persons are re-
quired to keep inventory records. 
SEC. 106. SMALLPOX DEFINITION CLARIFICATION. 
Not later than 90 days after the date of enactment 
of this Act, the Attorney General, in coordination with the 
Secretary of Health and Human Services, shall issue pub-
lic guidance regarding how the Attorney General inter-
prets the scope of the statutory definition of ‘‘variola 
virus’’ in section 175c of title 18, United States Code. 
SEC. 107. PLAN FOR SURGE IN SAMPLES OF BIOLOGICAL 
AGENTS AND TOXINS. 
The Secretary of Health and Human Services, in co-
ordination with the Secretary of Agriculture and State of-
ficials, shall develop and disseminate guidelines for how 
laboratories and laboratory personnel that do not regularly 
test for listed agents and toxins (as such terms are defined 
in section 351A of the Public Health Service Act (42 
U.S.C. 262a) and section 212 of the Agricultural Bioter-
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rorism Protection Act of 2002 (7 U.S.C. 8401)) may be 
rapidly accessed and utilized during emergencies in which 
laboratories and laboratory personnel that regularly test 
for such agents and toxins are overwhelmed by a surge 
of samples of such listed agents and toxins. 
TITLE II—BIOSAFETY 
IMPROVEMENTS 
SEC. 201. IMPROVEMENT OF OVERSIGHT OF BIOCONTAIN-
MENT LABORATORIES. 
(a) DEFINITION.—For purposes of this section, the 
term ‘‘high containment biological laboratory’’ means a 
laboratory that has Biosafety Level 3 or Biosafety Level 
4 facilities, as defined by the Secretary of Health and 
Human Services and the Secretary of Agriculture. 
(b) EVALUATION.—The Secretary of Health and 
Human Services, in coordination with the Secretary of Ag-
riculture, and in consultation with the Secretary of De-
fense and the Secretary of Homeland Security (referred 
to in this section as the ‘‘Secretaries’’) shall, either di-
rectly or through a contract, evaluate national needs of, 
and oversight of, high containment biological laboratories. 
(c) CONSIDERATIONS.—In conducting the evaluation 
under subsection (b), the Secretaries shall consider— 
(1) whether the construction of high contain-
ment biological laboratories that are in existence or 
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