II 118TH CONGRESS 1ST SESSION S. 1210 To designate a laboratory as the National Biodefense Analysis and Countermeasures Center, and for other purposes. IN THE SENATE OF THE UNITED STATES APRIL 19, 2023 Mr. CARDIN (for himself and Mr. VAN HOLLEN) introduced the following bill; which was read twice and referred to the Committee on Homeland Secu- rity and Governmental Affairs A BILL To designate a laboratory as the National Biodefense Anal- ysis and Countermeasures Center, and for other pur- poses. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘National Biodefense 4 Analysis and Countermeasures Center Authorization Act 5 of 2023’’ or the ‘‘NBACC Authorization Act of 2023’’. 6 VerDate Sep 11 2014 00:40 Apr 26, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1210.IS S1210 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •S 1210 IS SEC. 2. NATIONAL BIODEFENSE ANALYSIS AND COUNTER- 1 MEASURES CENTER. 2 (a) IN GENERAL.—Title III of the Homeland Secu- 3 rity Act of 2002 (6 U.S.C. 181 et seq.) is amended by 4 adding at the end the following: 5 ‘‘SEC. 324. NATIONAL BIODEFENSE ANALYSIS AND COUN- 6 TERMEASURES CENTER. 7 ‘‘(a) IN GENERAL.—The Secretary, acting through 8 the Under Secretary for Science and Technology, shall 9 designate the laboratory described in subsection (b) as an 10 additional laboratory pursuant to the authority under sec- 11 tion 308(c)(2), which shall be the lead Federal facility 12 dedicated to defending the United States against biological 13 threats by— 14 ‘‘(1) understanding the risks posed by inten- 15 tional, accidental, and natural biological events; and 16 ‘‘(2) providing the operational capabilities to 17 support the investigation, prosecution, and preven- 18 tion of biocrimes and bioterrorism. 19 ‘‘(b) LABORATORY DESCRIBED.—The laboratory de- 20 scribed in this subsection may be a federally funded re- 21 search and development center— 22 ‘‘(1) known, as of the date of enactment of this 23 section, as the National Biodefense Analysis and 24 Countermeasures Center; 25 ‘‘(2) that may include— 26 VerDate Sep 11 2014 00:40 Apr 26, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1210.IS S1210 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •S 1210 IS ‘‘(A) the National Bioforensic Analysis 1 Center, which conducts technical analyses in 2 support of Federal law enforcement investiga- 3 tions; and 4 ‘‘(B) the National Biological Threat Char- 5 acterization Center, which conducts experiments 6 and studies to better understand biological 7 vulnerabilities and hazards; and 8 ‘‘(3) transferred to the Department pursuant to 9 subparagraphs (A), (D), and (F) of section 303(1) 10 and section 303(2). 11 ‘‘(c) LABORATORY ACTIVITIES.—The National Bio- 12 defense Analysis and Countermeasures Center shall— 13 ‘‘(1) conduct studies and experiments to better 14 understand current and future biological threats and 15 hazards and pandemics; 16 ‘‘(2) provide the scientific data required to as- 17 sess vulnerabilities, conduct risk assessments, and 18 determine potential impacts to guide the develop- 19 ment of countermeasures; 20 ‘‘(3) conduct and facilitate the technical foren- 21 sic analysis and interpretation of materials recovered 22 following a biological attack, or in other law enforce- 23 ment investigations requiring evaluation of biological 24 VerDate Sep 11 2014 00:40 Apr 26, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1210.IS S1210 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •S 1210 IS materials, in support of the appropriate lead Federal 1 agency; 2 ‘‘(4) coordinate with other national laboratories 3 to enhance research capabilities, share lessons 4 learned, and provide training more efficiently; 5 ‘‘(5) collaborate with the Homeland Security 6 Enterprise, as defined in section 2200, to plan and 7 conduct research to address gaps and needs in bio- 8 defense; and 9 ‘‘(6) carry out other such activities as the Sec- 10 retary determines appropriate. 11 ‘‘(d) WORK FOR OTHERS.—The National Biodefense 12 Analysis and Countermeasures Center shall engage in a 13 continuously operating Work for Others program to make 14 the unique biocontainment and bioforensic capabilities of 15 the National Biodefense Analysis and Countermeasures 16 Center available to other Federal agencies. 17 ‘‘(e) FACILITY REPAIR AND ROUTINE EQUIPMENT 18 REPLACEMENT.—The National Biodefense Analysis and 19 Countermeasures Center shall— 20 ‘‘(1) perform regularly scheduled and required 21 maintenance of laboratory infrastructure; and 22 ‘‘(2) procure mission-critical equipment and ca- 23 pability upgrades. 24 ‘‘(f) FACILITY MISSION NEEDS ASSESSMENT.— 25 VerDate Sep 11 2014 00:40 Apr 26, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1210.IS S1210 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •S 1210 IS ‘‘(1) IN GENERAL.—To address capacity con- 1 cerns and accommodate future mission needs and 2 advanced capabilities, the Under Secretary for 3 Science and Technology shall conduct a mission 4 needs assessment, to include scoping for potential 5 future needs or expansion, of the National Bio- 6 defense Analysis and Countermeasures Center. 7 ‘‘(2) SUBMISSION.—Not later than 120 days 8 after the date of enactment of this section, the 9 Under Secretary for Science and Technology shall 10 provide the assessment conducted under paragraph 11 (1) to— 12 ‘‘(A) the Committee on Homeland Security 13 and Governmental Affairs and the Sub- 14 committee on Homeland Security Appropria- 15 tions of the Committee on Appropriations of the 16 Senate; and 17 ‘‘(B) the Committee on Homeland Security 18 and the Subcommittee on Homeland Security 19 Appropriations of the Committee on Appropria- 20 tions of the House of Representatives. 21 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 22 is authorized to be appropriated such sums as may be nec- 23 essary to support the activities of the laboratory des- 24 ignated under this section. 25 VerDate Sep 11 2014 00:40 Apr 26, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1210.IS S1210 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •S 1210 IS ‘‘(h) RULE OF CONSTRUCTION.—Nothing in this sec- 1 tion may be construed as affecting in any manner the au- 2 thorities or responsibilities of the Countering Weapons of 3 Mass Destruction Office of the Department.’’. 4 (b) TECHNICAL AND CONFORMING AMENDMENT.— 5 The table of contents in section 1(b) of the Homeland Se- 6 curity Act of 2002 (Public Law 107–296; 116 Stat. 2135) 7 is amended by inserting after the item relating to section 8 323 the following: 9 ‘‘Sec. 324. National Biodefense Analysis and Countermeasures Center.’’. Æ VerDate Sep 11 2014 00:40 Apr 26, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\S1210.IS S1210 pbinns on DSKJLVW7X2PROD with $$_JOB