[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3898 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 3898

    To amend the Homeland Security 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 14, 2006

   Mr. Hagel introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
    To amend the Homeland Security 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Reportable Conditions 
Act''.

SEC. 2. PURPOSE.

    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.

SEC. 3. AMENDMENT TO THE HOMELAND SECURITY ACT.

    Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) 
is amended by adding at the end the following:

``SEC. 511. NATIONAL REPORTABLE CONDITIONS PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Commission.--The term `Commission' means the 
        Commission on National Reportable Conditions established under 
        subsection (d).
            ``(2) Data repository.--The term `data repository' means 
        the secure repository of reports processed through the System 
        and controlled by the Department.
            ``(3) Department.--The term `Department' means the 
        Department of Homeland Security.
            ``(4) List of national reportable conditions.--The terms 
        `list of national reportable conditions' and `list' mean the 
        list of national reportable conditions established in 
        accordance with this section.
            ``(5) National reportable conditions.--The 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 system.--The 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) Report.--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) Reporting entity.--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) Federal Activities.--Based upon the recommendations of the 
Commission, the Secretary shall carry out the following activities:
            ``(1) Certification of national reportable conditions.--Not 
        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 
        system.--Not 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 repository.--Not 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 
        entities.--Not 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 program.--The 
        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) Grants.--
                    ``(A) In general.--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) Eligibility.--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) Establishment.--There shall be established a 
        commission to be known as the Commission on National Reportable 
        Conditions.
            ``(2) Membership.--
                    ``(A) Composition.--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) Expertise.--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;
                            ``(viii) 1 member shall be an environmental 
                        scientist at a public water utility;
            ``(3) Functions.--
                    ``(A) Recommended list of reportable conditions.--
                            ``(i) Review.--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) Recommendation.--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 system.--In 
                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) Data repository.--
                            ``(i) In general.--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) Limitation.--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) Reporting process.--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;
                            ``(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) Limitations.--
            ``(1) State and local requirements.--Except 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 reporting.--The 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 Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this 
section.''.
                                 <all>