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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2170 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  1st Session
                                S. 2170

_______________________________________________________________________

                                 AN ACT

 
       To provide for global pathogen surveillance and response.

    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 ``Global Pathogen Surveillance Act of 
2005''.

SEC. 2. FINDINGS; PURPOSE.

    (a) Findings.--Congress makes the following findings:
            (1) The frequency of the occurrence of biological events 
        that could threaten the national security of the United States 
        has increased and is likely increasing. The threat to the 
        United States from such events includes threats from diseases 
        that infect humans, animals, or plants regardless of if such 
        diseases are introduced naturally, accidentally, or 
        intentionally.
            (2) The United States lacks an effective and real-time 
        system to detect, identify, contain, and respond to global 
        threats and also lacks an effective mechanism to disseminate 
        information to the national response community if such threats 
        arise.
            (3) Bioterrorism poses a grave national security threat to 
        the United States. The insidious nature of a bioterrorist 
        attack, the likelihood that the recognition of such an attack 
        would be delayed, and the underpreparedness of the domestic 
        public health infrastructure to respond to such an attack could 
        result in catastrophic consequences following a biological 
        weapons attack against the United States.
            (4) The ability to recognize that a country or organization 
        is carrying out a covert biological weapons programs is 
        dependent on a number of indications and warnings. A critical 
        component of this recognition is the timely detection of 
        sentinel events such as laboratory accidents and community-
        level outbreaks that could be the earliest indication of an 
        emerging bioterrorist program in a foreign country. Early 
        detection of such events may enable earlier 
        counterproliferation intervention.
            (5) A contagious pathogen engineered as a biological weapon 
        and developed, tested, produced, or released in a foreign 
        country could quickly spread to the United States. Considering 
        the realities of international travel, trade, and migration 
        patterns, a dangerous pathogen appearing naturally, 
        accidentally, or intentionally anywhere in the world can spread 
        to the United States in a matter of days, before any effective 
        quarantine or isolation measures could be implemented.
            (6) To combat bioterrorism effectively and ensure that the 
        United States is fully prepared to prevent, recognize, and 
        contain a biological weapons attack, or emerging infectious 
        disease, measures to strengthen the domestic public health 
        infrastructure and improve domestic event detection, 
        surveillance, and response, while absolutely essential, are not 
        sufficient.
            (7) The United States should enhance cooperation with the 
        World Health Organization, regional international health 
        organizations, and individual countries, including data sharing 
        with appropriate agencies and departments of the United States, 
        to help detect and quickly contain infectious disease outbreaks 
        or a bioterrorism agent before such a disease or agent is 
        spread.
            (8) The World Health Organization has done an impressive 
        job in monitoring infectious disease outbreaks around the 
        world, particularly with the establishment in April 2000 of the 
        Global Outbreak Alert and Response Network.
            (9) The capabilities of the World Health Organization 
        depend on the quality of the data and information the 
        Organization receives from the countries that are members of 
        the Organization and is further limited by the narrow list of 
        diseases (such as plague, cholera, and yellow fever) on which 
        such surveillance and monitoring is based and by the consensus 
        process used by the Organization to add new diseases to the 
        list. Developing countries, in particular, often are unable to 
        devote the necessary resources to build and maintain public 
        health infrastructures.
            (10) In particular, developing countries could benefit 
        from--
                    (A) better trained public health professionals and 
                epidemiologists to recognize disease patterns;
                    (B) appropriate laboratory equipment for diagnosis 
                of pathogens;
                    (C) disease reporting systems that--
                            (i) are based on disease and syndrome 
                        surveillance; and
                            (ii) could enable an effective response to 
                        a biological event to begin at the earliest 
                        possible opportunity;
                    (D) a narrowing of the existing technology gap in 
                disease and syndrome surveillance capabilities, based 
                on reported symptoms, and real-time information 
                dissemination to public health officials; and
                    (E) appropriate communications equipment and 
                information technology to efficiently transmit 
                information and data within national, international 
                regional, and international health networks, including 
                inexpensive, Internet-based Geographic Information 
                Systems (GIS) and relevant telephone-based systems for 
                early recognition and diagnosis of diseases.
            (11) An effective international capability to detect, 
        monitor, and quickly diagnose infectious disease outbreaks will 
        offer dividends not only in the event of biological weapons 
        development, testing, production, and attack, but also in the 
        more likely cases of naturally occurring infectious disease 
        outbreaks that could threaten the United States. Furthermore, a 
        robust surveillance system will serve to deter, prevent, or 
        contain terrorist use of biological weapons, mitigating the 
        intended effects of such malevolent uses.
    (b) Purposes.--The purposes of this Act are as follows:
            (1) To provide the United States with an effective and 
        real-time system to detect biological threats that--
                    (A) utilizes classified and unclassified 
                information to detect such threats; and
                    (B) may be utilized by the human or the 
                agricultural domestic disease response community.
            (2) To enhance the capability of the international 
        community, through the World Health Organization and individual 
        countries, to detect, identify, and contain infectious disease 
        outbreaks, whether the cause of those outbreaks is intentional 
        human action or natural in origin.
            (3) To enhance the training of public health professionals 
        and epidemiologists from eligible developing countries in 
        advanced Internet-based disease and syndrome surveillance 
        systems, in addition to traditional epidemiology methods, so 
        that such professionals and epidemiologists may better detect, 
        diagnose, and contain infectious disease outbreaks, especially 
        such outbreaks caused by the pathogens that may be likely to be 
        used in a biological weapons attack.
            (4) To provide assistance to developing countries to 
        purchase appropriate communications equipment and information 
        technology to detect, analyze, and report biological threats, 
        including--
                    (A) relevant computer equipment, Internet 
                connectivity mechanisms, and telephone-based 
                applications to effectively gather, analyze, and 
                transmit public health information for infectious 
                disease surveillance and diagnosis; and
                    (B) appropriate computer equipment and Internet 
                connectivity mechanisms--
                            (i) to facilitate the exchange of 
                        Geographic Information Systems-based disease 
                        and syndrome surveillance information; and
                            (ii) to effectively gather, analyze, and 
                        transmit public health information for 
                        infectious disease surveillance and diagnosis.
            (5) To make available greater numbers of public health 
        professionals who are employed by the Government of the United 
        States to international regional and international health 
        organizations, international regional and international health 
        networks, and United States diplomatic missions, as 
        appropriate.
            (6) To expand the training and outreach activities of 
        United States laboratories located in foreign countries, 
        including the Centers for Disease Control and Prevention or 
        Department of Defense laboratories, to enhance the public 
        health capabilities of developing countries.
            (7) To provide appropriate technical assistance to existing 
        international regional and international health networks and, 
        as appropriate, seed money for new international regional and 
        international networks.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Eligible developing country.--The term ``eligible 
        developing country'' means any developing country that--
                    (A) has agreed to the objective of fully complying 
                with requirements of the World Health Organization on 
                reporting public health information on outbreaks of 
                infectious diseases;
                    (B) has not been determined by the Secretary, for 
                purposes of section 40 of the Arms Export Control Act 
                (22 U.S.C. 2780), section 620A of the Foreign 
                Assistance Act of 1961 (22 U.S.C. 2371), or section 
                6(j) of the Export Administration Act of 1979 (as in 
                effect pursuant to the International Emergency Economic 
                Powers Act; 50 U.S.C. 1701 et seq.), to have repeatedly 
                provided support for acts of international terrorism, 
                unless the Secretary exercises a waiver certifying that 
                it is in the national interest of the United States to 
                provide assistance under the provisions of this Act; 
                and
                    (C) is a party to the Convention on the Prohibition 
                of the Development, Production and Stockpiling of 
                Bacteriological (Biological) and Toxin Weapons and on 
                Their Destruction, done at Washington, London, and 
                Moscow April 10, 1972 (26 UST 583).
            (2) Eligible national.--The term ``eligible national'' 
        means any citizen or national of an eligible developing country 
        who--
                    (A) does not have a criminal background;
                    (B) is not on any immigration or other United 
                States watch list; and
                    (C) is not affiliated with any foreign terrorist 
                organization.
            (3) International health organization.--The term 
        ``international health organization'' includes the World Health 
        Organization, regional offices of the World Health 
        Organization, and international health organizations, such as 
        the Pan American Health Organization.
            (4) Laboratory.--The term ``laboratory'' means a facility 
        for the biological, microbiological, serological, chemical, 
        immuno-hematological, hematological, biophysical, cytological, 
        pathological, or other medical examination of materials derived 
        from the human body for the purpose of providing information 
        for the diagnosis, prevention, or treatment of any disease or 
        impairment of, or the assessment of the health of, human 
        beings.
            (5) Secretary.--Unless otherwise provided, the term 
        ``Secretary'' means the Secretary of State.
            (6) Disease and syndrome surveillance.--The term ``disease 
        and syndrome surveillance'' means the recording of clinician-
        reported symptoms (patient complaints) and signs (derived from 
        physical examination and laboratory data) combined with simple 
        geographic locators to track the emergence of a disease in a 
        population.

SEC. 4. ELIGIBILITY FOR ASSISTANCE.

    (a) In General.--Except as provided in subsection (b), assistance 
may be provided to an eligible developing country under any provision 
of this Act only if the government of the eligible developing country--
            (1) permits personnel from the World Health Organization 
        and the Centers for Disease Control and Prevention to 
        investigate outbreaks of infectious diseases within the borders 
        of such country; and
            (2) provides pathogen surveillance data to the appropriate 
        agencies and departments of the United States and to 
        international health organizations.
    (b) Waiver.--The Secretary may waive the prohibition set out in 
subsection (a) if the Secretary determines that it is in the national 
interest of the United States to provide such a waiver.

SEC. 5. RESTRICTION.

    (a)  In General.--Notwithstanding any other provision of this Act, 
no foreign national participating in a program authorized under this 
Act shall have access, during the course of such participation, to a 
select agent or toxin described in section 73.4 of title 42, Code of 
Federal Regulations (or any corresponding similar regulation) or an 
overlap select agent or toxin described in section 73.5 of such title 
(or any corresponding similar regulation) that may be used as, or in, a 
biological weapon, except in a supervised and controlled setting.
    (b) Relationship to Regulations.--The restriction set out in 
subsection (a) may not be construed to limit the ability of the 
Secretary of Health and Human Services to prescribe, through 
regulation, standards for the handling of a select agent or toxin or an 
overlap select agent or toxin described in such subsection.

SEC. 6. FELLOWSHIP PROGRAM.

    (a) Establishment.--There is established a fellowship program under 
which the Secretary, in consultation with the Secretary of Health and 
Human Services and subject to the availability of appropriations, shall 
award fellowships to eligible nationals to pursue public health 
education or training, as follows:
            (1) Master of public health degree.--Graduate courses of 
        study leading to a master of public health degree with a 
        concentration in epidemiology from an institution of higher 
        education in the United States with a Center for Public Health 
        Preparedness, as determined by the Director of the Centers for 
        Disease Control and Prevention.
            (2) Advanced public health epidemiology training.--Advanced 
        public health training in epidemiology for public health 
        professionals from eligible developing countries to be carried 
        out at the Centers for Disease Control and Prevention, an 
        appropriate facility of a State, or an appropriate facility of 
        another agency or department of the United States (other than a 
        facility of the Department of Defense or a national laboratory 
        of the Department of Energy) for a period of not less than 6 
        months or more than 12 months.
    (b) Specialization in Bioterrorism.--In addition to the education 
or training specified in subsection (a), each recipient of a fellowship 
under this section (in this section referred to as a ``fellow'') may 
take courses of study at the Centers for Disease Control and Prevention 
or at an equivalent facility on diagnosis and containment of likely 
bioterrorism agents.
    (c) Fellowship Agreement.--
            (1) In general.--A fellow shall enter into an agreement 
        with the Secretary under which the fellow agrees--
                    (A) to maintain satisfactory academic progress, as 
                determined in accordance with regulations issued by the 
                Secretary and confirmed in regularly scheduled updates 
                to the Secretary from the institution providing the 
                education or training on the progress of the fellow's 
                education or training;
                    (B) upon completion of such education or training, 
                to return to the fellow's country of nationality or 
                last habitual residence (so long as it is an eligible 
                developing country) and complete at least 4 years of 
                employment in a public health position in the 
                government or a nongovernmental, not-for-profit entity 
                in that country or, with the approval of the Secretary, 
                complete part or all of this requirement through 
                service with an international health organization 
                without geographic restriction; and
                    (C) that, if the fellow is unable to meet the 
                requirements described in subparagraph (A) or (B), the 
                fellow shall reimburse the United States for the value 
                of the assistance provided to the fellow under the 
                fellowship program, together with interest at a rate 
                that--
                            (i) is determined in accordance with 
                        regulations issued by the Secretary; and
                            (ii) is not higher than the rate generally 
                        applied in connection with other Federal loans.
            (2) Waivers.--The Secretary may waive the application of 
        subparagraph (B) or (C) of paragraph (1) if the Secretary 
        determines that it is in the national interest of the United 
        States to provide such a waiver.
    (d) Agreement.--The Secretary, in consultation with the Secretary 
of Health and Human Services, is authorized to enter into an agreement 
with the government of an eligible developing country under which such 
government agrees--
            (1) to establish a procedure for the nomination of eligible 
        nationals for fellowships under this section;
            (2) to guarantee that a fellow will be offered a 
        professional public health position within the developing 
        country upon completion of the fellow's studies; and
            (3) to submit to the Secretary a certification stating that 
        a fellow has concluded the minimum period of employment in a 
        public health position required by the fellowship agreement, 
        including an explanation of how the requirement was met.
    (e) Participation of United States Citizens.--On a case-by-case 
basis, the Secretary may provide for the participation of a citizen of 
the United States in the fellowship program under the provisions of 
this section if--
            (1) the Secretary determines that it is in the national 
        interest of the United States to provide for such 
        participation; and
            (2) the citizen of the United States agrees to complete, at 
        the conclusion of such participation, at least 5 years of 
        employment in a public health position in an eligible 
        developing country or at an international health organization.
    (f) Use of Existing Programs.--The Secretary, with the concurrence 
of the Secretary of Health and Human Services, may elect to use 
existing programs of the Department of Health and Human Services to 
provide the education and training described in subsection (a) if the 
requirements of subsections (b), (c), and (d) will be substantially met 
under such existing programs.

SEC. 7. IN-COUNTRY TRAINING IN LABORATORY TECHNIQUES AND DISEASE AND 
              SYNDROME SURVEILLANCE.

    (a) Laboratory Techniques.--
            (1) In general.--The Secretary, after consultation with the 
        Secretary of Health and Human Services and in conjunction with 
        the Director of the Centers for Disease Control and Prevention 
        and the Secretary of Defense, and subject to the availability 
        of appropriations, shall provide assistance for short training 
        courses for eligible nationals who are laboratory technicians 
        or other public health personnel in laboratory techniques 
        relating to the identification, diagnosis, and tracking of 
        pathogens responsible for possible infectious disease 
        outbreaks.
            (2) Location.--The training described in paragraph (1) 
        shall be held outside the United States and may be conducted in 
        facilities of the Centers for Disease Control and Prevention 
        located in foreign countries or in Overseas Medical Research 
        Units of the Department of Defense, as appropriate.
            (3) Coordination with existing programs.--The Secretary 
        shall coordinate the training described in paragraph (1), where 
        appropriate, with existing programs and activities of 
        international health organizations.
    (b) Disease and Syndrome Surveillance.--
            (1) In general.--The Secretary, after consultation with the 
        Secretary of Health and Human Services and in conjunction with 
        the Director of the Centers for Disease Control and Prevention 
        and the Secretary of Defense and subject to the availability of 
        appropriations, shall establish and provide assistance for 
        short training courses for eligible nationals who are health 
        care providers or other public health personnel in techniques 
        of disease and syndrome surveillance reporting and rapid 
        analysis of syndrome information using Geographic Information 
        System (GIS) tools.
            (2) Location.--The training described in paragraph (1) 
        shall be conducted via the Internet or in appropriate 
        facilities located in a foreign country, as determined by the 
        Secretary.
            (3) Coordination with existing programs.--The Secretary 
        shall coordinate the training described in paragraph (1), where 
        appropriate, with existing programs and activities of 
        international regional and international health organizations.

SEC. 8. ASSISTANCE FOR THE PURCHASE AND MAINTENANCE OF PUBLIC HEALTH 
              LABORATORY EQUIPMENT AND SUPPLIES.

    (a) Authorization.--The President is authorized to provide, on such 
terms and conditions as the President may determine, assistance to 
eligible developing countries to purchase and maintain the public 
health laboratory equipment and supplies described in subsection (b).
    (b) Equipment and Supplies Covered.--The equipment and supplies 
described in this subsection are equipment and supplies that are--
            (1) appropriate, to the extent possible, for use in the 
        intended geographic area;
            (2) necessary to collect, analyze, and identify 
        expeditiously a broad array of pathogens, including mutant 
        strains, which may cause disease outbreaks or may be used in a 
        biological weapon;
            (3) compatible with general standards set forth by the 
        World Health Organization and, as appropriate, the Centers for 
        Disease Control and Prevention, to ensure interoperability with 
        international regional and international public health 
        networks; and
            (4) not defense articles, defense services, or training, as 
        such terms are defined in the Arms Export Control Act (22 
        U.S.C. 2751 et seq.).
    (c) Rule of Construction.--Nothing in this section shall be 
construed to exempt the exporting of goods and technology from 
compliance with applicable provisions of the Export Administration Act 
of 1979 (as in effect pursuant to the International Emergency Economic 
Powers Act; 50 U.S.C. 1701 et seq.).
    (d) Limitation.--Amounts appropriated to carry out this section 
shall not be made available for the purchase from a foreign country of 
equipment or supplies that, if made in the United States, would be 
subject to the Arms Export Control Act (22 U.S.C. 2751 et seq.) or 
likely be barred or subject to special conditions under the Export 
Administration Act of 1979 (as in effect pursuant to the International 
Emergency Economic Powers Act; 50 U.S.C. 1701 et seq.).
    (e) Procurement Preference.--In the use of grant funds authorized 
under subsection (a), preference should be given to the purchase of 
equipment and supplies of United States manufacture. The use of amounts 
appropriated to carry out this section shall be subject to section 604 
of the Foreign Assistance Act of 1961 (22 U.S.C. 2354).
    (f) Country Commitments.--The assistance provided under this 
section for equipment and supplies may be provided only if the eligible 
developing country that receives such equipment and supplies agrees to 
provide the infrastructure, technical personnel, and other resources 
required to house, maintain, support, secure, and maximize use of such 
equipment and supplies.

SEC. 9. ASSISTANCE FOR IMPROVED COMMUNICATION OF PUBLIC HEALTH 
              INFORMATION.

    (a) Assistance for Purchase of Communication Equipment and 
Information Technology.--The President is authorized to provide, on 
such terms and conditions as the President may determine, assistance to 
eligible developing countries to purchase and maintain the 
communications equipment and information technology described in 
subsection (b), and the supporting equipment, necessary to effectively 
collect, analyze, and transmit public health information.
    (b) Covered Equipment.--The communications equipment and 
information technology described in this subsection are communications 
equipment and information technology that--
            (1) are suitable for use under the particular conditions of 
        the area of intended use;
            (2) meet the standards set forth by the World Health 
        Organization and, as appropriate, the Secretary of Health and 
        Human Services, to ensure interoperability with like equipment 
        of other countries and international organizations; and
            (3) are not defense articles, defense services, or 
        training, as those terms are defined in the Arms Export Control 
        Act (22 U.S.C. 2751 et seq.).
    (c) Rule of Construction.--Nothing in this section shall be 
construed to exempt the exporting of goods and technology from 
compliance with applicable provisions of the Export Administration Act 
of 1979 (as in effect pursuant to the International Emergency Economic 
Powers Act; 50 U.S.C. 1701 et seq.).
    (d) Limitation.--Amounts appropriated to carry out this section 
shall not be made available for the purchase from a foreign country of 
communications equipment or information technology that, if made in the 
United States, would be subject to the Arms Export Control Act (22 
U.S.C. 2751 et seq.) or likely be barred or subject to special 
conditions under the Export Administration Act of 1979 (as in effect 
pursuant to the International Emergency Economic Powers Act; 50 U.S.C. 
1701 et seq.).
    (e) Procurement Preference.--In the use of grant funds under 
subsection (a), preference should be given to the purchase of 
communications equipment and information technology of United States 
manufacture. The use of amounts appropriated to carry out this section 
shall be subject to section 604 of the Foreign Assistance Act of 1961 
(22 U.S.C. 2354).
    (f) Assistance for Standardization of Reporting.--The President is 
authorized to provide, on such terms and conditions as the President 
may determine, technical assistance and grant assistance to 
international health organizations to facilitate standardization in the 
reporting of public health information between and among developing 
countries and international health organizations.
    (g) Country Commitments.--The assistance provided under this 
section for communications equipment and information technology may be 
provided only if the eligible developing country that receives such 
equipment and technology agrees to provide the infrastructure, 
technical personnel, and other resources required to house, maintain, 
support, secure, and maximize use of such equipment and technology.

SEC. 10. ASSIGNMENT OF PUBLIC HEALTH PERSONNEL TO UNITED STATES 
              MISSIONS AND INTERNATIONAL ORGANIZATIONS.

    (a) In General.--Upon the request of the chief of a diplomatic 
mission of the United States or of the head of an international 
regional or international health organization, and with the concurrence 
of the Secretary and of the employee concerned, the head of an agency 
or department of the United States may assign to the mission or the 
organization any officer or employee of the agency or department that 
occupies a public health position within the agency or department for 
the purpose of enhancing disease and pathogen surveillance efforts in 
developing countries.
    (b) Reimbursement.--The costs incurred by an agency or department 
of the United States by reason of the detail of personnel under 
subsection (a) may be reimbursed to that agency or department out of 
the applicable appropriations account of the Department of State if the 
Secretary determines that the agency or department may otherwise be 
unable to assign such personnel on a non-reimbursable basis.

SEC. 11. EXPANSION OF CERTAIN UNITED STATES GOVERNMENT LABORATORIES 
              ABROAD.

    (a) In General.--Subject to the availability of appropriations, the 
Director of the Centers for Disease Control and Prevention and the 
Secretary of Defense shall each--
            (1) increase the number of personnel assigned to 
        laboratories of the Centers for Disease Control and Prevention 
        or the Department of Defense, as appropriate, located in 
        eligible developing countries that conduct research and other 
        activities with respect to infectious diseases; and
            (2) expand the operations of such laboratories, especially 
        with respect to the implementation of on-site training of 
        foreign nationals and activities affecting the region in which 
        the country is located.
    (b) Cooperation and Coordination Between Laboratories.--Subsection 
(a) shall be carried out in such a manner as to foster cooperation and 
avoid duplication between and among laboratories.
    (c) Relation to Core Missions and Security.--The expansion of the 
operations of the laboratories of the Centers for Disease Control and 
Prevention or the Department of Defense located in foreign countries 
under this section may not--
            (1) detract from the established core missions of the 
        laboratories; or
            (2) compromise the security of those laboratories, as well 
        as their research, equipment, expertise, and materials.

SEC. 12. ASSISTANCE FOR INTERNATIONAL HEALTH NETWORKS AND EXPANSION OF 
              FIELD EPIDEMIOLOGY TRAINING PROGRAMS.

    (a) Authority.--The President is authorized, on such terms and 
conditions as the President may determine, to provide assistance for 
the purposes of--
            (1) enhancing the surveillance and reporting capabilities 
        for the World Health Organization and existing international 
        regional and international health networks; and
            (2) developing new international regional and international 
        health networks.
    (b) Expansion of Field Epidemiology Training Programs.--The 
Secretary of Health and Human Services is authorized to establish new 
country or regional international Field Epidemiology Training Programs 
in eligible developing countries.

SEC. 13. FOREIGN BIOLOGICAL THREAT DETECTION AND WARNING.

    (a) In General.--The President shall establish the Office of 
Foreign Biological Threat Detection and Warning within either the 
Department of Defense, the Central Intelligence Agency, or the Centers 
for Disease Control and Prevention with the technical ability to 
conduct event detection and rapid threat assessment related to 
biological threats in foreign countries.
    (b) Purposes.--The purposes of the Office of Foreign Biological 
Threat Detection and Warning shall be--
            (1) to integrate public health, medical, agricultural, 
        societal, and intelligence indications and warnings to identify 
        in advance the emergence of a transnational biological threat;
            (2) to provide rapid threat assessment capability to the 
        appropriate agencies or departments of the United States that 
        is not dependent on access to--
                    (A) a specific biological agent;
                    (B) the area in which such agent is present; or
                    (C) information related to the means of 
                introduction of such agent; and
            (3) to build the information visibility and decision 
        support activities required for appropriate and timely 
        information distribution and threat response.
    (c) Technology.--The Office of Foreign Biological Threat Detection 
and Warning shall employ technologies similar to, but no less capable 
than, those used by the Intelligence Technology Innovation Center 
(ITIC) within the Directorate of Science and Technology of the Central 
Intelligence Agency to conduct real-time, prospective, automated threat 
assessments that employ social disruption factors.
    (d) Event Detection Defined.--In this section, the term ``event 
detection'' refers to the real-time and rapid recognition of a possible 
biological event that has appeared in a community and that could have 
national security implications, regardless of whether the event is 
caused by natural, accidental, or intentional means and includes 
scrutiny of such possible biological event by analysts utilizing 
classified and unclassified information.

SEC. 14. REPORTS.

    Not later than 90 days after the date of enactment of this Act, the 
Secretary, in conjunction with the Secretary of Health and Human 
Services and the Secretary of Defense, shall submit to Congress a 
report on the implementation of programs under this Act, including an 
estimate of the level of funding required to carry out such programs at 
a sufficient level.

SEC. 15. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--Subject to subsection (c), 
there is authorized to be appropriated for fiscal year 2006 such sums 
as may be necessary to carry out this Act.
    (b) Availability of Funds.--The amount appropriated pursuant to 
subsection (a) is authorized to remain available until expended.
    (c) Limitation on Obligation of Funds.--Not more than 10 percent of 
the amount appropriated pursuant to subsection (a) may be obligated 
before the date on which a report is submitted, or required to be 
submitted, whichever first occurs, under section 14.

            Passed the Senate December 21, 2005.

            Attest:

                                                             Secretary.
109th CONGRESS

  1st Session

                                S. 2170

_______________________________________________________________________

                                 AN ACT

       To provide for global pathogen surveillance and response.
```