118 STAT. 843 PUBLIC LAW 108–276—JULY 21, 2004 ‘‘(C) in consultation with Federal, State, and local offi cials, take into consideration the timing and location of special events; ‘‘(D) review and revise, as appropriate, the contents of the stockpile on a regular basis to ensure that emerging threats, advanced technologies, and new countermeasures are adequately considered; ‘‘(E) devise plans for the effective and timely supply chain management of the stockpile, in consultation with appropriate Federal, State and local agencies, and the public and private health care infrastructure; ‘‘(F) deploy the stockpile as required by the Secretary of Homeland Security to respond to an actual or potential emergency; ‘‘(G) deploy the stockpile at the discretion of the Sec retary to respond to an actual or potential public health emergency or other situation in which deployment is nec essary to protect the public health or safety; and ‘‘(H) ensure the adequate physical security of the stock pile. ‘‘(b) SMALLPOX VACCINE DEVELOPMENT.— ‘‘(1) IN GENERAL.—The Secretary shall award contracts, enter into cooperative agreements, or carry out such other activities as may reasonably be required in order to ensure that the stockpile under subsection (a) includes an amount of vaccine against smallpox as determined by such Secretary to be sufficient to meet the health security needs of the United States. ‘‘(2) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to limit the private distribution, purchase, or sale of vaccines from sources other than the stockpile described in subsection (a). ‘‘(c) ADDITIONAL AUTHORITY REGARDING PROCUREMENT OF CER TAIN BIOMEDICAL COUNTERMEASURES; AVAILABILITY OF SPECIAL RESERVE FUND.— ‘‘(1) IN GENERAL.— ‘‘(A) USE OF FUND.—A security countermeasure may, in accordance with this subsection, be procured with amounts in the special reserve fund under paragraph (10). ‘‘(B) SECURITY COUNTERMEASURE.—For purposes of this subsection, the term ‘security countermeasure’ means a drug (as that term is defined by section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)(1))), biological product (as that term is defined by section 351(i) of this Act (42 U.S.C. 262(i))), or device (as that term is defined by section 201(h) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h))) that— ‘‘(i)(I) the Secretary determines to be a priority (consistent with sections 302(2) and 304(a) of the Homeland Security Act of 2002) to treat, identify, or prevent harm from any biological, chemical, radio logical, or nuclear agent identified as a material threat under paragraph (2)(A)(ii), or to treat, identify, or pre vent harm from a condition that may result in adverse health consequences or death and may be caused by administering a drug, biological product, or device against such an agent;
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