native uses of medical countermeasures (as defined in sec-
tion 319N of the Public Health Service Act, as added by 
section 201 of this Act), including vaccines, in the Stra-
tegic National Stockpile before the expiration of the med-
ical countermeasures. 
(b) AREAS.—The study under subsection (a) shall in-
clude the examination of— 
(1) the effectiveness of allowing States to access 
medical countermeasures approaching expiration in 
a timely way to allow emergency response providers 
(as defined in section 2 of the Homeland Security 
Act of 2002 (6 U.S.C. 101)) in those States to vol-
untarily choose pre-event or post-event vaccination 
or treatment; and 
(2) the ability of States to effectively determine 
which personnel should receive pre-event treatment 
using the medical countermeasures approaching ex-
piration from the Strategic National Stockpile. 
Subtitle B—Bioforensics 
Capabilities and Strategy 
SEC. 211. BIOFORENSICS CAPABILITIES AND STRATEGY. 
(a) IN GENERAL.—Title III of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 181 et seq.), as amended by 
section 205, is further amended by adding at the end the 
following: 
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‘‘SEC. 321. BIOFORENSICS CAPABILITIES AND STRATEGY. 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘appropriate committees of Con-
gress’ means— 
‘‘(A) the Committee on Homeland Security 
and Governmental Affairs, the Committee on 
the Judiciary, the Committee on Health, Edu-
cation, Labor, and Pensions, the Committee on 
Agriculture, Nutrition, and Forestry, and the 
Committee on Armed Services of the Senate; 
and 
‘‘(B) the Committee on Homeland Secu-
rity, the Committee on the Judiciary, the Com-
mittee on Energy and Commerce, the Com-
mittee on Agriculture, and the Committee on 
Armed Services of the House of Representa-
tives; 
‘‘(2) the term ‘bioforensic’ means the scientific 
discipline dedicated to analyzing evidence from a bio-
terrorism act, biological agent or toxin based crimi-
nal act, or inadvertent biological agent or toxin re-
lease for attribution purposes; 
‘‘(3) the term ‘National Bioforensics Analysis 
Center’ means the National Bioforensics Analysis 
Center established under subsection (b); 
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‘‘(4) the term ‘national bioforensics repository 
collection’ means the national bioforensics repository 
collection established under subsection (c)(1); and 
‘‘(5) the term ‘national bioforensics strategy’ 
means the national bioforensics strategy developed 
under subsection (d)(1). 
‘‘(b) NATIONAL
BIOFORENSICS
ANALYSIS
CEN-
TER.—There is in the Department a National Bioforensics 
Analysis Center which shall— 
‘‘(1) serve as the lead Federal facility to con-
duct and facilitate bioforensic analysis in support of 
the executive agency with primary responsibility for 
responding to the biological incident; 
‘‘(2) maintain the national bioforensics reposi-
tory collection as a reference collection of biological 
agents and toxins for comparative bioforensic identi-
fications; and 
‘‘(3) support threat agent characterization stud-
ies and bioforensic assay development. 
‘‘(c) NATIONAL BIOFORENSIC REPOSITORY COLLEC-
TION.— 
‘‘(1) IN GENERAL.—The National Bioforensics 
Analysis 
Center 
shall 
maintain 
a 
national 
bioforensics repository collection. 
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‘‘(2) ACTIVITIES.—The national bioforensics re-
pository collection shall— 
‘‘(A) receive, store, and distribute biologi-
cal threat agents and toxins and related biologi-
cal agents and toxins; 
‘‘(B) serve as a reference collection for 
comparative bioforensic identifications; and 
‘‘(C) support threat agent characterization 
studies and bioforensic assay development. 
‘‘(3) PARTICIPATION.— 
‘‘(A) IN
GENERAL.—The Secretary, the 
Attorney General, the Secretary of Health and 
Human Services, the Secretary of Agriculture, 
the Secretary of Defense, and the head of any 
other appropriate executive agency with a bio-
logical agent or toxin collection that is useful 
for the bioforensic analysis of biological inci-
dents, performance of biological threat agent 
characterization studies, or development of bio-
forensic assays shall provide samples of relevant 
biological agents and toxins, as determined by 
the Secretary, in consultation with the head of 
the executive agency possessing the agent or 
toxin, which shall not include any variola virus, 
to the national bioforensics repository collection. 
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‘‘(B) OTHER
BIOLOGICAL
AGENTS
AND 
TOXINS.—The Secretary shall encourage the 
contribution of public and private biological 
agent and toxin collections to the national 
bioforensics repository collection that were col-
lected or created with support from a Federal 
grant or contract and that support the func-
tions described in paragraph (2). 
‘‘(4) ACCESS.—The Secretary shall— 
‘‘(A) provide an executive agency that sub-
mits a biological agent or toxin to the national 
bioforensics repository collection with access to 
the national bioforensics repository collection; 
and 
‘‘(B) establish a mechanism to provide 
public and private entities with access to the 
national bioforensics repository collection, as 
appropriate, for scientific analysis of a biologi-
cal agent or toxin in the national bioforensics 
repository collection, with appropriate protec-
tion for intellectual property rights. 
‘‘(5) REPORT.— 
‘‘(A) IN
GENERAL.—Not later than 180 
days after the date of enactment of this section, 
the Secretary, in consultation with the Attorney 
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