II 

117TH CONGRESS 

2D SESSION S. 5160 

To designate a laboratory as the National Biodefense Analysis and 

Countermeasures Center, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 1, 2022 

Mr. CARDIN (for himself and Mr. VAN HOLLEN) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To designate a laboratory as the National Biodefense Analysis and Countermeasures Center, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Biodefense 

5 Analysis and Countermeasures Center Authorization Act 

6 of 2022’’ or the ‘‘NBACC Authorization Act of 2022’’. 


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1 SEC. 2. NATIONAL BIODEFENSE ANALYSIS AND COUNTER2 MEASURES CENTER. 

3 (a) IN GENERAL.—Title III of the Homeland Secu4 rity Act of 2002 (6 U.S.C. 181 et seq.) is amended by 

5 adding at the end the following: 

6 ‘‘SEC. 323. NATIONAL BIODEFENSE ANALYSIS AND COUN7 TERMEASURES CENTER. 

8 ‘‘(a) IN GENERAL.—The Secretary, acting through 

9 the Under Secretary for Science and Technology, shall 

10 designate the laboratory described in subsection (b) as an 

11 additional laboratory pursuant to the authority under sec12 tion 308(c)(2), which shall be the lead Federal facility 

13 dedicated to defending the United States against biological 

14 threats by— 

15 ‘‘(1) understanding the risks posed by inten16 tional, accidental, and natural biological events; and 

17 ‘‘(2) providing the operational capabilities to 

18 support the investigation, prosecution, and preven19 tion of biocrimes and bioterrorism. 

20 ‘‘(b) LABORATORY DESCRIBED.—The laboratory de21 scribed in this subsection may be a federally funded re22 search and development center— 

23 ‘‘(1) known, as of the date of enactment of this 

24 section, as the National Biodefense Analysis and 

25 Countermeasures Center; 

26 ‘‘(2) that may include— 


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1 ‘‘(A) the National Bioforensic Analysis 

2 Center, which conducts technical analyses in 

3 support of Federal law enforcement investiga4 tions; and 

5 ‘‘(B) the National Biological Threat Char6 acterization Center, which conducts experiments 

7 and studies to better understand biological 

8 vulnerabilities and hazards; and 

9 ‘‘(3) transferred to the Department pursuant to 

10 subparagraphs (A), (D), and (F) of section 303(1) 

11 and section 303(2). 

12 ‘‘(c) LABORATORY ACTIVITIES.—The National Bio13 defense Analysis and Countermeasures Center shall— 

14 ‘‘(1) conduct studies and experiments to better 

15 understand current and future biological threats and 

16 hazards and pandemics; 

17 ‘‘(2) provide the scientific data required to as18 sess vulnerabilities, conduct risk assessments, and 

19 determine potential impacts to guide the develop20 ment of countermeasures; 

21 ‘‘(3) conduct and facilitate the technical foren22 sic analysis and interpretation of materials recovered 

23 following a biological attack, or in other law enforce24 ment investigations requiring evaluation of biological 


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1 materials, in support of the appropriate lead Federal 

2 agency; 

3 ‘‘(4) coordinate with other national laboratories 

4 to enhance research capabilities, share lessons 

5 learned, and provide training more efficiently; 

6 ‘‘(5) collaborate with the Homeland Security 

7 Enterprise, as defined in section 2211(h), to plan 

8 and conduct research to address gaps and needs in 

9 biodefense; and 

10 ‘‘(6) carry out other such activities as the Sec11 retary determines appropriate. 

12 ‘‘(d) WORK FOR OTHERS.—The National Biodefense 

13 Analysis and Countermeasures Center shall engage in a 

14 continuously operating Work for Others program to make 

15 the unique biocontainment and bioforensic capabilities of 

16 the National Biodefense Analysis and Countermeasures 

17 Center available to other Federal agencies. 

18 ‘‘(e) FACILITY REPAIR AND ROUTINE EQUIPMENT

19 REPLACEMENT.—The National Biodefense Analysis and 

20 Countermeasures Center shall— 

21 ‘‘(1) perform regularly scheduled and required 

22 maintenance of laboratory infrastructure; and 

23 ‘‘(2) procure mission-critical equipment and ca24 pability upgrades. 

25 ‘‘(f) FACILITY MISSION NEEDS ASSESSMENT.— 


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1 ‘‘(1) IN GENERAL.—To address capacity con2 cerns and accommodate future mission needs and 

3 advanced capabilities, the Under Secretary for 

4 Science and Technology shall conduct a mission 

5 needs assessment, to include scoping for potential 

6 future needs or expansion, of the National Bio7 defense Analysis and Countermeasures Center. 

8 ‘‘(2) SUBMISSION.—Not later than 120 days 

9 after the date of enactment of this section, the 

10 Under Secretary for Science and Technology shall 

11 provide the assessment conducted under paragraph 

12 (1) to— 

13 ‘‘(A) the Committee on Homeland Security 

14 and Governmental Affairs and the Sub15 committee on Homeland Security Appropria16 tions of the Committee on Appropriations of the 

17 Senate; and 

18 ‘‘(B) the Committee on Homeland Security 

19 and the Subcommittee on Homeland Security 

20 Appropriations of the Committee on Appropria21 tions of the House of Representatives. 

22 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

23 is authorized to be appropriated such sums as may be nec24 essary to support the activities of the laboratory des25 ignated under this section. 


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1 ‘‘(h) RULE OF CONSTRUCTION.—Nothing in this sec2 tion may be construed as affecting in any manner the au3 thorities or responsibilities of the Countering Weapons of 

4 Mass Destruction Office of the Department.’’. 

5 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

6 The table of contents in section 1(b) of the Homeland Se7 curity Act of 2002 (Public Law 107–296; 116 Stat. 2135) 

8 is amended by inserting after the item relating to section 

9 322 the following: 

‘‘Sec. 323. National Biodefense Analysis and Countermeasures Center.’’. 

Æ 


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