109 HR 6086 IH: National Reportable Conditions
U.S. House of Representatives
2006-09-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.This Act may be cited as the
National Reportable Conditions
Act
.
2.It is the purpose of this Act to provide for
the health of Americans by implementing a system that detects and identifies in
a timely manner diseases, conditions, and events that represent a threat to
humans, animals, food production and the water supply.
3.Amendment to the
Homeland Security ActTitle V
of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) is amended by
adding at the end the following:
511.National
reportable conditions program
(a)In this section:
(1)The
term Commission means the Commission on National Reportable
Conditions established under subsection (d).
(2)The term data repository means the secure
repository of reports processed through the System and controlled by the
Department.
(3)The
term Department means the Department of Homeland Security.
(4)List of national
reportable conditionsThe terms list of national reportable
conditions and list mean the list of national reportable
conditions established in accordance with this section.
(5)National
reportable conditionsThe terms national reportable
conditions, condition, and conditions mean the
diseases, conditions, and events that when identified by health practitioners,
veterinarians, animal and food production specialists, State and local health
professionals, environmental and public utility workers, and laboratorians must
be reported to the Department of Homeland Security as required under this
section.
(6)National
reportable conditions systemThe terms National Reportable
Conditions System and System mean the electronic system
providing for the standardized collection, analysis, and transmission of
national reportable conditions among the appropriate public health
organizations, as required by the Secretary under this section.
(7)The
term report means a set of data elements related to the
identification of a detected condition. The content of such data elements shall
be defined by the Secretary upon the advice of the Commission. Such data
elements may include demographic data of the individual or entity reporting the
condition, condition identification, the contact information of the reporting
individual, and method of detection (such as laboratory test, subjective
findings, or clinical observation).
(8)The term reporting entity means—
(A)a State or local
entity with responsibility for public health, such as health practitioners,
veterinarians, animal and food production specialists, State and local health
professionals, environmental and public service professionals, and
laboratorians; or
(B)a commercial
entity engaged in interstate commerce for the purpose of testing or analyzing
materials in order to detect conditions pursuant to this section.
(b)Based upon the recommendations of the Commission, the
Secretary shall carry out the following activities:
(1)Certification of
national reportable conditionsNot later than 180 days after the
date of the enactment of this section, and annually thereafter, the Secretary,
in consultation with the Secretary of Health and Human Services, the
Administrator of the Environmental Protection Agency, and the Secretary of
Agriculture, shall certify a list of national reportable conditions.
(2)Establishment of
National Reportable Conditions SystemNot later than 1 year after
the date of enactment of this section, the Secretary shall establish an
electronic National Reportable Conditions System for the collection, analysis,
and transmission of reports between reporting entities and the Department, and
any such other persons or entities as determined appropriate by the Secretary.
The System shall use the most appropriate technical approach to achieve the
purpose of this section.
(3)Establishment of
data repositoryNot later than 1 year after the date of the
enactment of this section, the Secretary shall establish a data repository of
records processed by the System for use by Federal, State, and local public
health personnel, law enforcement agencies, and other Federal agencies. The
Secretary shall provide a mechanism for State and local entities to obtain
access to the repository for designated individuals who have been identified as
needing such access.
(4)Establishment of
reporting process for commercial entitiesNot later than 1 year
after the date of the enactment of this section, the Secretary shall establish
a process to enable commercial entities, including private not-for-profit and
for-profit laboratories, to transmit reports to a single government entity (the
System) which can then make such reports available to appropriate State or
local entities. It shall be the purpose of the process established under this
paragraph to eliminate the burden placed on such commercial entities by
requiring such entities to report identical information to multiple State or
local entities. Under such process, reports may be transmitted through the
System to State and local entities in a manner that allows such reports to be
available at or about the same time as the data enters the System.
(5)Establishment of
process and research programThe Secretary shall establish a
process for the identification of obstacles or challenges to the achievement of
the purposes of this section. The Secretary shall establish a research program
to identify or create solutions to such obstacles and challenges.
(6)
(A)The Secretary shall award grants to State and local
entities to enable such entities to conduct surveillance and timely reporting
activities with respect to the submission of reports under this section.
(B)To
be eligible to receive a grant under subparagraph (A), a State or local entity
shall prepare and submit to the Secretary an application at such time, in such
manner, and containing such information as the Secretary may require, including
a description of the manner in which grant funds shall be used to enhance the
timeliness and comprehensiveness of the State or local entity’s efforts to
submit reports with respect to national reportable conditions.
(c)Commission on
National Reportable Conditions
(1)There
shall be established a commission to be known as the Commission on National
Reportable Conditions.
(2)
(A)The
Commission shall be composed of—
(i)the Secretary or
his or her designee;
(ii)the Secretary of
Health and Human Services or his or her designee;
(iii)the Secretary of
the Environmental Protection Agency or his or her designee;
(iv)the Secretary of
Agriculture or his or her designee; and
(v)7
members to be appointed by the Secretary in accordance with subparagraph
(B).
(B)In
appointing members of the Commission under subparagraph (A), the Secretary
shall ensure that the Commission consists of individuals with expertise and
experience in State and local health, water, environment, and agriculture, of
which—
(i)1
member shall be a veterinarian, duly licensed to practice in the United
States;
(ii)1
member shall be an epidemiologist, duly employed by a State, county, or other
local entity;
(iii)1 member shall
be a food scientist, duly employed in a private sector food testing laboratory
or a State public health laboratory;
(iv)1
member shall be a State health official reporting to the governor of a State or
a county health official reporting to a county board or its equivalent;
(v)1
member shall be the director of clinical laboratory at an academic medical
center;
(vi)1
member shall be the director of a private sector laboratory engaged in
interstate commerce;
(vii)1 member shall
be an environmental toxicologist for a State agency; and
(viii)1 member shall
be an environmental scientist at a public water utility.
(3)
(A)Recommended list
of reportable conditions
(i)In
order to assist the Secretary in carrying out subsection (b)(1), the Commission
shall review State and local regulations to determine the existence of
conditions that the Commission determines represent a serious threat to the
health of individuals in the United States.
(ii)Based
on the review conducted under clause (i), the Commission shall compile a list
of national reportable conditions that shall be recommended to the Secretary
for certification under subsection (b)(1). The Commission shall review the list
at least annually and shall revise such list as determined appropriate by the
Secretary.
(B)National
reportable conditions systemIn order to assist the Secretary in
carrying out subsection (b)(2), the Commission shall advise the Secretary on
appropriate processes and standards for the establishment of the National
Reportable Conditions System. Such process and standards shall include the
appropriate demographics, clinical and technical content, identification
requirements, definition of terminology, and processes for the uniform
electronic transmission of reports to the System, as well as minimum time
standards in which such reports shall be transmitted to the Department by the
reporting entity for entry into the System.
(C)
(i)In order to assist the Secretary in carrying out
subsection (b)(3), the Commission shall advise the Secretary on the most
appropriate means to establish and maintain a data repository and ensure that
the data repository is accessible by Federal, State, and local public health
personnel, law enforcement, and other Federal agencies. Such advise shall
include a process to protect the privacy and accuracy of data at a level
consistent with commercial practice.
(ii)In
ensuring the accessibility of the data repository under clause (i), the
Commission shall recommend appropriate limits to ensure the use of such
repository only by those individuals determined by the Secretary to have a need
to know and only to use date in the repository in the protection of the United
States.
(D)In order to assist the Secretary in carrying out
subsection (b)(4), the Commission shall advise the Secretary concerning the
establishment of a process for the certification of reporting entities
described in subsection (a)(8)(B) to ensure that such entities are able to
comply with the reporting requirements of State or local entities. Such process
shall—
(i)ensure that State
and local entities have appropriate access to, and are appropriately notified
of, reports transmitted to the System in a manner that allows the reports to be
made available at or about the same time as the data enters the System;
and
(ii)ensure that
reporting entities described in subsection (a)(8)(B) will not be required to
report identical information to multiple State or local entities in which the
reporting entities operate or from which the test specimen, organism,
condition, or event originated.
(d)
(1)State and local
requirementsExcept as provided in this Act, the National
Reportable Conditions System shall not be construed to supercede or modify any
State, territory, or local law that is intended to define or require the
reporting of a condition or disease within the State, territory, or
locality.
(2)Process of
simultaneous reportingThe Secretary shall establish a process
for the submission of reports to the National Reportable Conditions System that
permits the simultaneous submission of such reports to a State or local
jurisdiction to achieve compliance with a State or local law.
(e)Authorization of
appropriationsThere are authorized to be appropriated such sums
as may be necessary to carry out this
section.
.