National Biosurveillance Integration 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 new section:

316.

National Biosurveillance Integration Center

(a)

Establishment

The Secretary shall establish a National Biosurveillance Integration Center (referred to in this section as the NBIC) to enhance the capability of the Federal Government to rapidly identify, characterize, and localize a biological event by integrating and analyzing data related to human health, animals, plants, food, and the environment. The NBIC shall be headed by a Director. (b)

Integrated biosurveillance network

As part of the NBIC, the Director shall develop, operate, and maintain an integrated network to detect, as early as possible, a biological event that presents a risk to the United States or the infrastructure or key assets of the United States. The network shall— (1)consolidate data from all relevant surveillance systems maintained by the Department and other governmental and private sources, both foreign and domestic, to the extent practicable; and (2)use an information technology system that uses the best available statistical and other analytical tools to identify and characterize biological events in as close to real-time as possible. (c)

Responsibilities

(1)

In general

The Director shall— (A)monitor on an ongoing basis the availability and appropriateness of candidate data feeds and solicit new surveillance systems with data that would enhance biological situational awareness or overall performance of the NBIC; (B)review and seek to improve on an ongoing basis the statistical and other analytical methods used by the NBIC; (C)establish a procedure to enable Federal, State and local government, and private sector entities to report suspicious events that could warrant further assessments by the NBIC; (D)receive and consider all relevant homeland security information; and (E)provide technical assistance, as appropriate, to all Federal, State, and local government entities and private sector entities that contribute data relevant to the operation of the NBIC. (2)

Assessments

The Director shall— (A)continuously evaluate available data for evidence of a biological event; and (B)integrate homeland security information with NBIC data to provide overall biological situational awareness and determine whether a biological event has occurred. (3)

Information sharing

The Director shall— (A)establish a mechanism for real-time communication with the National Operations Center; (B)provide integrated information to the heads of the departments and agencies with which the Director has entered into an agreement under subsection (d); (C)notify the Secretary, the head of the National Operations Center, and the heads of appropriate Federal, State, tribal, and local entities of any significant biological event identified by the NBIC; (D)provide reports on NBIC assessments to Federal, State, and local government entities, including departments and agencies with which the Director has entered into an agreement under subsection (d), and any private sector entities, as considered appropriate by the Director; and (E)use information sharing networks available to the Department, including such networks of the Office of Information Analysis and the National Operations Center, for distributing NBIC incident or situational awareness reports. (d)

Interagency agreements

(1)

In general

The Secretary shall seek to enter into agreements with the heads of appropriate Federal departments and agencies, including the Department of Health and Human Services, Department of Defense, the Department of Agriculture, the Department of State, the Department of Interior, and the Intelligence Community. (2)

Content of agreements

Under an agreement entered into under paragraph (1), the head of a Federal department or agency shall agree to— (A)use the best efforts of the department or agency to integrate biosurveillance information capabilities through NBIC; (B)provide timely, evaluated information to assist the NBIC in maintaining biological situational awareness for timely and accurate detection and response purposes; (C)provide connectivity for the biosurveillance data systems of the department or agency to the NBIC network under mutually agreed protocols; (D)detail, if practicable, to the NBIC department or agency personnel with relevant expertise in human, animal, plant, food, or environmental disease analysis and interpretation; (E)retain responsibility for the surveillance and intelligence systems of that department or agency, if applicable; and (F)participate in forming the strategy and policy for the operation and information sharing practices of the NBIC. (e)

Notification of Director

The Secretary shall ensure that the Director is notified of homeland security information relating to any significant biological threat and receives all classified and unclassified reports related to such a threat in a timely manner. (f)

Administrative Authorities

(1)

Privacy

The Secretary shall— (A)designate the NBIC as a public health authority; (B)ensure that the NBIC complies with any applicable requirements of the Health Insurance Portability and Accountability Act of 1996; and (C)ensure that all applicable privacy regulations are strictly adhered to in the operation of the NBIC and the sharing of any information related to the NBIC. (2)

Collection of information

The NBIC, as a public health authority with a public health mission, is authorized to collect or receive health information, including such information protected under the Health Insurance Portability and Accountability Act of 1996, for the purpose of preventing or controlling disease, injury, or disability. (g)

NBIC interagency working group

The Director shall— (1)establish an interagency working group to facilitate interagency cooperation to advise the Director on recommendations to enhance the biosurveillance capabilities of the Department; and (2)invite officials of Federal agencies that conduct biosurveillance programs, including officials of the departments and agencies with which the Secretary has entered into an agreement under subsection (d), to participate in the working group. (h)

Annual report required

Not later than December 31 of each year, the Secretary shall submit to Congress a report that contains each of the following: (1)A list of departments, agencies, and private or nonprofit entities participating in the NBIC and a description of the data that each entity has contributed to the NBIC during the preceding fiscal year. (2)The schedule for obtaining access to any relevant biosurveillance information not received by the NBIC as of the date on which the report is submitted. (3)A list of Federal, State, and local government entities and private sector entities that have direct or indirect access to the information that is integrated by the NBIC. (4)For any year before the NBIC is fully implemented or any year in which any major structural or institutional change is made to the NBIC, an implementation plan for the NBIC that includes cost, schedule, key milestones, and the status of such milestones. (i)

Relationship to other departments and agencies

The authority of the Secretary under this section shall not affect an authority or responsibility of any other Federal department or agency with respect to biosurveillance activities under any program administered by that department or agency. (j)

Authorization of appropriations

There are authorized to be appropriated to carry out this section such sums as may be necessary for each fiscal year. (k)

Biological event

For purposes of this section, the term biological event means— (1)an act of terrorism involving biological agents or toxins of known or unknown origin; or (2)a naturally occurring outbreak of an infectious disease that may be of potential national significance.

(b)

Clerical amendment

The table of contents in section 1(b) of such Act is amended by inserting after the items relating to such title the following:

Sec. 316. National Biosurveillance Integration Center.

(c)

Deadline for implementation

The National Biosurveillance Integration Center required under section 316 of the Homeland Security Act of 2002, as added by subsection (a), shall be fully operational by not later than September 30, 2008.