II 117th CONGRESS 2d Session S. 5160 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. Short title This Act may be cited as the National Biodefense Analysis and Countermeasures Center Authorization Act of 2022 or the NBACC Authorization Act of 2022 . 2. National Biodefense Analysis and Countermeasures Center (a) In general Title III of the Homeland Security Act of 2002 ( 6 U.S.C. 181 et seq. ) is amended by adding at the end the following: 323. National Biodefense Analysis and Countermeasures Center (a) In general The Secretary, acting through the Under Secretary for Science and Technology, shall designate the laboratory described in subsection (b) as an additional laboratory pursuant to the authority under section 308(c)(2), which shall be the lead Federal facility dedicated to defending the United States against biological threats by— (1) understanding the risks posed by intentional, accidental, and natural biological events; and (2) providing the operational capabilities to support the investigation, prosecution, and prevention of biocrimes and bioterrorism. (b) Laboratory described The laboratory described in this subsection may be a federally funded research and development center— (1) known, as of the date of enactment of this section, as the National Biodefense Analysis and Countermeasures Center; (2) that may include— (A) the National Bioforensic Analysis Center, which conducts technical analyses in support of Federal law enforcement investigations; and (B) the National Biological Threat Characterization Center, which conducts experiments and studies to better understand biological vulnerabilities and hazards; and (3) transferred to the Department pursuant to subparagraphs (A), (D), and (F) of section 303(1) and section 303(2). (c) Laboratory activities The National Biodefense Analysis and Countermeasures Center shall— (1) conduct studies and experiments to better understand current and future biological threats and hazards and pandemics; (2) provide the scientific data required to assess vulnerabilities, conduct risk assessments, and determine potential impacts to guide the development of countermeasures; (3) conduct and facilitate the technical forensic analysis and interpretation of materials recovered following a biological attack, or in other law enforcement investigations requiring evaluation of biological materials, in support of the appropriate lead Federal agency; (4) coordinate with other national laboratories to enhance research capabilities, share lessons learned, and provide training more efficiently; (5) collaborate with the Homeland Security Enterprise, as defined in section 2211(h), to plan and conduct research to address gaps and needs in biodefense; and (6) carry out other such activities as the Secretary determines appropriate. (d) Work for Others The National Biodefense Analysis and Countermeasures Center shall engage in a continuously operating Work for Others program to make the unique biocontainment and bioforensic capabilities of the National Biodefense Analysis and Countermeasures Center available to other Federal agencies. (e) Facility repair and routine equipment replacement The National Biodefense Analysis and Countermeasures Center shall— (1) perform regularly scheduled and required maintenance of laboratory infrastructure; and (2) procure mission-critical equipment and capability upgrades. (f) Facility mission needs assessment (1) In general To address capacity concerns and accommodate future mission needs and advanced capabilities, the Under Secretary for Science and Technology shall conduct a mission needs assessment, to include scoping for potential future needs or expansion, of the National Biodefense Analysis and Countermeasures Center. (2) Submission Not later than 120 days after the date of enactment of this section, the Under Secretary for Science and Technology shall provide the assessment conducted under paragraph (1) to— (A) the Committee on Homeland Security and Governmental Affairs and the Subcommittee on Homeland Security Appropriations of the Committee on Appropriations of the Senate; and (B) the Committee on Homeland Security and the Subcommittee on Homeland Security Appropriations of the Committee on Appropriations of the House of Representatives. (g) Authorization of appropriations There is authorized to be appropriated such sums as may be necessary to support the activities of the laboratory designated under this section. (h) Rule of construction Nothing in this section may be construed as affecting in any manner the authorities or responsibilities of the Countering Weapons of Mass Destruction Office of the Department. . (b) Technical and conforming amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 ( Public Law 107–296 ; 116 Stat. 2135) is amended by inserting after the item relating to section 322 the following: Sec. 323. National Biodefense Analysis and Countermeasures Center. .