II 118th CONGRESS 1st Session S. 2538 IN THE SENATE OF THE UNITED STATES July 26, 2023 Mr. Casey (for himself and Mr. Tuberville ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To authorize the Secretary of Health and Human Services to award grants to regional biocontainment laboratories for maintaining surge capacity for purposes of responding to outbreaks of infectious diseases or acts of bioterrorism.

1. Short title This Act may be cited as the Regional Biocontainment Laboratory Authorization Act of 2023 . 2. Supporting research and laboratory surge capacity (a) In general The Secretary of Health and Human Services (referred to in this section as the Secretary ) shall make awards to establish or maintain, as applicable, not fewer than 12 regional biocontainment laboratories, for purposes of— (1) conducting biomedical research to support public health and medical preparedness for, and rapid response to, biological agents, including emerging infectious diseases; (2) ensuring the availability of surge capacity for purposes of responding to such biological agents; (3) supporting information-sharing between, and the dissemination of findings to, researchers and other relevant individuals to facilitate collaboration between industry and academia; and (4) providing, as appropriate and applicable, technical assistance and training to researchers and other relevant individuals to support the biomedical research workforce in improving the management and mitigation of safety and security risks in the conduct of research involving such biological agents. (b) Requirements As a condition of receiving a grant under this section, a regional biocontainment laboratory shall agree— (1) to such oversight activities as the Secretary determines appropriate, including periodic meetings with relevant officials of the Department of Health and Human Services, facility inspections, and other activities as necessary and appropriate to ensure compliance with the terms and conditions of such award; and (2) to report accidents, near-accidents, or other safety incidents involving biological agents and toxins to the Secretary. (c) Board The Secretary shall establish a Board consisting of a representative from each entity in receipt of an award under subsection (a), which shall be headed by an executive committee of 3 members elected upon an affirmative vote from a majority of such representatives. The Board shall make recommendations to the Secretary in administering awards under this section, for purposes of— (1) improving the quality and consistency of applicable procedures and practices within laboratories funded pursuant to subsection (a); and (2) ensuring coordination, as appropriate, of federally funded activities carried out at such laboratories. (d) Definition In this section, the term regional biocontainment laboratory means a Biosafety or Animal Biosafety Level-3 and Level-2 facility located at an institution in the United States that is designated by the Secretary to carry out the activities described in subsection (a). (e) Authorization of appropriations To carry out this section, there are authorized to be appropriated $52,000,000 for each of fiscal years 2024 through 2028. (f) Administrative expenses Of the amount available to carry out this section for a fiscal year, the Secretary may use not more than 5 percent for the administrative expenses of carrying out this section, including expenses related to carrying out subsection (c). (g) Report to Congress Not later than 1 year after the date of the enactment of this Act, and biannually thereafter, the Secretary, in consultation with the heads of applicable Federal departments and agencies shall report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives on— (1) the activities and accomplishments of the regional biocontainment laboratories; (2) any published or disseminated research findings based on research conducted in such laboratories in the applicable year; (3) oversight activities carried out by the Secretary pursuant to subsection (b); (4) activities undertaken by the Secretary to take into consideration the capacity and capabilities of the network of regional biocontainment laboratories in activities to prepare for and respond to biological agents, which may include leveraging such capacity and capabilities to support the Laboratory Response Network, as applicable and appropriate; (5) plans for the maintenance and sustainment of federally funded activities conducted at the regional biocontainment laboratories, consistent with the strategy required under section 2312 of the PREVENT Pandemics Act ( Public Law 117–328 ); and (6) activities undertaken by the Secretary to coordinate with applicable agencies to ensure work carried out by such facilities is prioritized and complementary to one another, and avoiding unnecessary duplication.