212(d)(2) of the Agricultural Bioterrorism Protection Act 
of 2002 (7 U.S.C. 8401(d)(2)). 
‘‘(c) CLASSIFIED AND SENSITIVE INFORMATION.— 
The Secretary shall ensure that any information dissemi-
nated under this section is disseminated consistent with— 
‘‘(1) the authority of the Director of National 
Intelligence to protect intelligence sources and meth-
ods under the National Security Act of 1947 (50 
U.S.C. 401 et seq.) and related procedures or simi-
lar authorities of the Attorney General concerning 
sensitive law enforcement information; 
‘‘(2) section 552a of title 5, United States Code 
(commonly referred to as the Privacy Act of 1974); 
and 
‘‘(3) other relevant laws.’’. 
(d) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of contents in section 1(b) of the Homeland Se-
curity Act of 2002 (6 U.S.C. 101 et seq.) is amended by 
inserting after the item relating to section 318, as added 
by section 102, the following: 
‘‘Sec. 319. Biosecurity information sharing.’’. 
SEC. 107. RESEARCH WITH THE VARIOLA VIRUS GENOME. 
(a) REGULATIONS.—For the purposes of preventing 
a reengineering of the live Variola virus from Variola virus 
DNA fragments or parts of the Variola virus genome, not 
later than 180 days after the date of enactment of this 
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Act, the Secretary of Health and Human Services, in con-
sultation with the Secretary of Homeland Security, shall 
promulgate regulations governing the distribution, syn-
thesis, and handling of Variola virus DNA. 
(b) CONSIDERATIONS.—The regulations promulgated 
under subsection (a) shall take into account— 
(1) the recommendations issued by the World 
Health Organization concerning the distribution, 
handling, and synthesis or Variola virus DNA in 
May 2008; and 
(2) the continuing importance of research by 
the legitimate scientific community with fragments 
of the Variola virus genome for the purposes of pre-
venting smallpox or developing vaccines or treat-
ments against smallpox. 
(c) 
INCLUSIONS.—The 
regulations 
promulgated 
under subsection (a) shall include regulations regarding— 
(1) which research entities are qualified to re-
ceive Variola virus DNA fragments taking into ac-
count adequate security and safety measures; 
(2) the rules under which distribution to quali-
fying research entities may occur; 
(3) the appropriate limits on the numbers of 
and length of base pairs of Variola virus DNA that 
can be handled by a qualifying laboratory; 
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(4) the appropriate limits on the total genome 
size of Variola virus DNA fragments that may be 
handled by a qualifying laboratory; 
(5) the appropriate limits on synthesizing 
Variola virus DNA; and 
(6) any other matters determined necessary by 
the Secretary to carry out the purposes of section 
351A(a) of the Public Health Service Act (as 
amended by this Act). 
TITLE II—RESPONSE TO A WEAP-
ON OF MASS DESTRUCTION 
ATTACK 
Subtitle 
A—Ensuring 
Access 
to 
Medical Countermeasures Dur-
ing Emergencies 
SEC. 201. NATIONAL MEDICAL COUNTERMEASURE DIS-
PENSING STRATEGY. 
Title III of the Public Health Service Act (42 U.S.C. 
241 et seq.) is amended by inserting after section 319M 
the following: 
‘‘SEC. 319N. NATIONAL MEDICAL COUNTERMEASURE DIS-
PENSING STRATEGY. 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘appropriate committees of Con-
gress’ means— 
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‘‘(A) the Committee on Homeland Security 
and Governmental Affairs and the Committee 
on Health, Education, Labor, and Pensions of 
the Senate; and 
‘‘(B) the Committee on Homeland Secu-
rity, the Committee on Energy and Commerce, 
and the Committee on Oversight and Govern-
ment Reform of the House of Representatives; 
‘‘(2) the term ‘dispense’ means to provide med-
ical countermeasures to an affected population in re-
sponse to a threat or incident; 
‘‘(3) the term ‘medical countermeasure’ means 
a drug (as that term is defined in section 201(g)(1) 
of the Federal Food, Drug, and Cosmetic Act), a de-
vice (as that term is defined in section 201(h) of 
such Act), or a biological product (as that term is 
defined in section 351 of this Act), to— 
‘‘(A) diagnose, mitigate, prevent, or treat 
harm from any biological agent (including orga-
nisms that cause an infectious disease) or toxin, 
chemical, radiological, or nuclear agent that 
may cause a public health emergency; or 
‘‘(B) diagnose, mitigate, prevent, or treat 
harm from a condition that may result in ad-
verse health consequences or death and may be 
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