42 U.S.C. § 283r – National Science Advisory Board for Biosecurity

(a) Establishment The Secretary, acting through the Director of NIH, shall establish an advisory committee, to be known as the “National Science Advisory Board for Biosecurity” (referred to in this section as the “Board”).
(b) Duties
1. (1) ¹ In general The National Science Advisory Board for Biosecurity referred to in section 205 of the Pandemic and All-Hazards Preparedness Act (Public Law 109–417) (referred to in this section as the “Board”) shall provide technical advice, guidance, or recommendations, to relevant Federal departments and agencies related to biosafety and biosecurity oversight of biomedical research, including—
  1. (A) oversight of federally-conducted or federally-supported dual use biomedical research, such as the review of policies or frameworks used to assess and appropriately manage safety and security risks associated with such research, taking into consideration national security concerns, the potential benefits of such research, considerations related to the research community, transparency, and public availability of information, and international research collaboration; and
  2. (B) continuing to carry out the activities required under section 205 of the Pandemic and All-Hazards Preparedness Act (Public Law 109–417).
(c) Considerations In carrying out the duties under subsection (b), the Board may consider strategies to improve the safety and security of biomedical research, including through—
1. (1) leveraging or using new technologies and scientific advancements to reduce safety and security risks associated with such research and improve containment of pathogens; and
2. (2) outreach to, and education and training of, researchers, laboratory personnel, and other appropriate individuals with respect to safety and security risks associated with such research and mitigation of such risks.
(d) Membership The Board shall be composed of the following:
1. (1) Non-voting, ex officio members, including the following:
  1. (A) At least one representative of each of the following:
    1. (i) The Department of Health and Human Services.
    2. (ii) The Department of Defense.
    3. (iii) The Department of Agriculture.
    4. (iv) The Department of Homeland Security.
    5. (v) The Department of Energy.
    6. (vi) The Department of State.
    7. (vii) The Office of Science and Technology Policy.
    8. (viii) The Office of the Director of National Intelligence.
  2. (B) Representatives of such other Federal departments or agencies as the Secretary determines appropriate to carry out the requirements of this section.
2. (2) Individuals, appointed by the Secretary, with expertise in biology, infectious diseases, public health, ethics, national security, and other fields, as the Secretary determines appropriate, who shall serve as voting members.

(July 1, 1944, ch. 373, title IV, § 404O, as added Pub. L. 117–328, div. FF, title II, § 2313(a), Dec. 29, 2022, 136 Stat. 5761.)

Editorial Notes

References in Text

Section 205 of the Pandemic and All-Hazards Preparedness Act, referred to in subsec. (b)(1), is section 205 of Pub. L. 109–417, which is set out as a note below.

Statutory Notes and Related Subsidiaries

Orderly Transition

Pub. L. 117–328, div. FF, title II, § 2313(b), Dec. 29, 2022, 136 Stat. 5762, provided that:

“The Secretary of Health and Human Services shall take such steps as are necessary to provide for the orderly transition to the authority of the National Science Advisory Board for Biosecurity established under section 404O of the Public Health Service Act [
42 U.S.C. 283r], as added by subsection (a), from any authority of the Board described in section 205 of the Pandemic and All-Hazards Preparedness Act (
Public Law 109–417) [set out below], as in effect on the day before the date of enactment of this Act [
Dec. 29, 2022].”

Application

Pub. L. 117–328, div. FF, title II, § 2313(c), Dec. 29, 2022, 136 Stat. 5763, provided that:

“The requirements under section 404O of the Public Health Service Act [
42 U.S.C. 283r], as added by subsection (a), related to the mission, activities, or functions of the National Science Advisory Board for Biosecurity shall not apply until the completion of any work undertaken by such Board before the date of enactment of this Act [
Dec. 29, 2022].”

National Science Advisory Board for Biosecurity: Provision of Advice, Guidance, or Recommendations

Pub. L. 109–417, title II, § 205, Dec. 19, 2006, 120 Stat. 2851, provided that:

“The National Science Advisory Board for Biosecurity shall, when requested by the Secretary of Health and Human Services, provide to relevant Federal departments and agencies, advice, guidance, or recommendations concerning—
“(1) a core curriculum and training requirements for workers in maximum containment biological laboratories; and
“(2) periodic evaluations of maximum containment biological laboratory capacity nationwide and assessments of the future need for increased laboratory capacity.”

¹ So in original. No par. (2) has been enacted.