II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Reportable 

5 Conditions Act’’. 


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1 SEC. 2. PURPOSE. 

2 It is the purpose of this Act to provide for the health 

3 of Americans by implementing a system that detects and 

4 identifies in a timely manner diseases, conditions, and 

5 events that represent a threat to humans, animals, food 

6 production and the water supply. 

7 SEC. 3. AMENDMENT TO THE HOMELAND SECURITY ACT. 

8 Title V of the Homeland Security Act of 2002 (6 

9 U.S.C. 311 et seq.) is amended by adding at the end the 

10 following: 

11 ‘‘SEC. 511. NATIONAL REPORTABLE CONDITIONS PROGRAM. 

12 ‘‘(a) DEFINITIONS.—In this section: 

13 ‘‘(1) COMMISSION.—The term ‘Commission’ 

14 means the Commission on National Reportable Con15 ditions established under subsection (d). 

16 ‘‘(2) DATA REPOSITORY.—The term ‘data re17 pository’ means the secure repository of reports 

18 processed through the System and controlled by the 

19 Department. 

20 ‘‘(3) DEPARTMENT.—The term ‘Department’ 

21 means the Department of Homeland Security. 

22 ‘‘(4) LIST OF NATIONAL REPORTABLE CONDI23 TIONS.—The terms ‘list of national reportable condi24 tions’ and ‘list’ mean the list of national reportable 

25 conditions established in accordance with this sec26 tion. 


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1 ‘‘(5) NATIONAL REPORTABLE CONDITIONS.— 

2 The terms ‘national reportable conditions’, ‘condi3 tion’, and ‘conditions’ mean the diseases, conditions, 

4 and events that when identified by health practi5 tioners, veterinarians, animal and food production 

6 specialists, State and local health professionals, envi7 ronmental and public utility workers, and 

8 laboratorians must be reported to the Department of 

9 Homeland Security as required under this section. 

10 ‘‘(6) NATIONAL REPORTABLE CONDITIONS SYS11 TEM.—The terms ‘National Reportable Conditions 

12 System’ and ‘System’ mean the electronic system 

13 providing for the standardized collection, analysis, 

14 and transmission of national reportable conditions 

15 among the appropriate public health organizations, 

16 as required by the Secretary under this section. 

17 ‘‘(7) REPORT.—The term ‘report’ means a set 

18 of data elements related to the identification of a de19 tected condition. The content of such data elements 

20 shall be defined by the Secretary upon the advice of 

21 the Commission. Such data elements may include 

22 demographic data of the individual or entity report23 ing the condition, condition identification, the con24 tact information of the reporting individual, and 


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1 method of detection (such as laboratory test, subjec2 tive findings, or clinical observation). 

3 ‘‘(8) REPORTING ENTITY.—The term ‘reporting 

4 entity’ means— 

5 ‘‘(A) a State or local entity with responsi6 bility for public health, such as health practi7 tioners, veterinarians, animal and food produc8 tion specialists, State and local health profes9 sionals, environmental and public service profes10 sionals, and laboratorians; or 

11 ‘‘(B) a commercial entity engaged in inter12 state commerce for the purpose of testing or 

13 analyzing materials in order to detect condi14 tions pursuant to this section. 

15 ‘‘(b) FEDERAL ACTIVITIES.—Based upon the rec16 ommendations of the Commission, the Secretary shall 

17 carry out the following activities: 

18 ‘‘(1) CERTIFICATION OF NATIONAL REPORT19 ABLE CONDITIONS.—Not later than 180 days after 

20 the date of the enactment of this section, and annu21 ally thereafter, the Secretary, in consultation with 

22 the Secretary of Health and Human Services, the 

23 Administrator of the Environmental Protection 

24 Agency, and the Secretary of Agriculture, shall cer25 tify a list of national reportable conditions. 


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1 ‘‘(2) ESTABLISHMENT OF NATIONAL REPORT2 ABLE CONDITIONS SYSTEM.—Not later than 1 year 

3 after the date of enactment of this section, the Sec4 retary shall establish an electronic National Report5 able Conditions System for the collection, analysis, 

6 and transmission of reports between reporting enti7 ties and the Department, and any such other per8 sons or entities as determined appropriate by the 

9 Secretary. The System shall use the most appro10 priate technical approach to achieve the purpose of 

11 this section. 

12 ‘‘(3) ESTABLISHMENT OF DATA REPOSITORY.— 

13 Not later than 1 year after the date of the enact14 ment of this section, the Secretary shall establish a 

15 data repository of records processed by the System 

16 for use by Federal, State, and local public health 

17 personnel, law enforcement agencies, and other Fed18 eral agencies. The Secretary shall provide a mecha19 nism for State and local entities to obtain access to 

20 the repository for designated individuals who have 

21 been identified as needing such access. 

22 ‘‘(4) ESTABLISHMENT OF REPORTING PROCESS

23 FOR COMMERCIAL ENTITIES.—Not later than 1 year 

24 after the date of the enactment of this section, the 

25 Secretary shall establish a process to enable comVerDate Aug 31 2005 00:39 Sep 16, 2006 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3898.IS S3898

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1 mercial entities, including private not-for-profit and 

2 for-profit laboratories, to transmit reports to a sin3 gle government entity (the System) which can then 

4 make such reports available to appropriate State or 

5 local entities. It shall be the purpose of the process 

6 established under this paragraph to eliminate the 

7 burden placed on such commercial entities by requir8 ing such entities to report identical information to 

9 multiple State or local entities. Under such process, 

10 reports may be transmitted through the System to 

11 State and local entities in a manner that allows such 

12 reports to be available at or about the same time as 

13 the data enters the System.. 

14 ‘‘(5) ESTABLISHMENT OF PROCESS AND RE15 SEARCH PROGRAM.—The Secretary shall establish a 

16 process for the identification of obstacles or chal17 lenges to the achievement of the purposes of this 

18 section. The Secretary shall establish a research pro19 gram to identify or create solutions to such obstacles 

20 and challenges. 

21 ‘‘(6) GRANTS.— 

22 ‘‘(A) IN GENERAL.—The Secretary shall 

23 award grants to State and local entities to en24 able such entities to conduct surveillance and 


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1 timely reporting activities with respect to the 

2 submission of reports under this section. 

3 ‘‘(B) ELIGIBILITY.—To be eligible to re4 ceive a grant under subparagraph (A), a State 

5 or local entity shall prepare and submit to the 

6 Secretary an application at such time, in such 

7 manner, and containing such information as the 

8 Secretary may require, including a description 

9 of the manner in which grant funds shall be 

10 used to enhance the timeliness and comprehen11 siveness of the State or local entity’s efforts to 

12 submit reports with respect to national report13 able conditions. 

14 ‘‘(c) COMMISSION ON NATIONAL REPORTABLE CON15 DITIONS.— 

16 ‘‘(1) ESTABLISHMENT.—There shall be estab17 lished a commission to be known as the Commission 

18 on National Reportable Conditions. 

19 ‘‘(2) MEMBERSHIP.— 

20 ‘‘(A) COMPOSITION.—The Commission 

21 shall be composed of— 

22 ‘‘(i) the Secretary or his or her des23 ignee; 

24 ‘‘(ii) the Secretary of Health and 

25 Human Services or his or her designee; 


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1 ‘‘(iii) the Secretary of the Environ2 mental Protection Agency or his or her 

3 designee; 

4 ‘‘(iv) the Secretary of Agriculture or 

5 his or her designee; and 

6 ‘‘(v) 7 members to be appointed by 

7 the Secretary in accordance with subpara8 graph (B). 

9 ‘‘(B) EXPERTISE.—In appointing members 

10 of the Commission under subparagraph (A), the 

11 Secretary shall ensure that the Commission 

12 consists of individuals with expertise and expe13 rience in State and local health, water, environ14 ment, and agriculture, of which— 

15 ‘‘(i) 1 member shall be a veterinarian, 

16 duly licensed to practice in the United 

17 States; 

18 ‘‘(ii) 1 member shall be an epidemiolo19 gist, duly employed by a State, county, or 

20 other local entity; 

21 ‘‘(iii) 1 member shall be a food sci22 entist, duly employed in a private sector 

23 food testing laboratory or a State public 

24 health laboratory; 


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1 ‘‘(iv) 1 member shall be a State 

2 health official reporting to the governor of 

3 a State or a county health official report4 ing to a county board or its equivalent; 

5 ‘‘(v) 1 member shall be the director of 

6 clinical laboratory at an academic medical 

7 center; 

8 ‘‘(vi) 1 member shall be the director 

9 of a private sector laboratory engaged in 

10 interstate commerce; 

11 ‘‘(vii) 1 member shall be an environ12 mental toxicologist for a State agency; 

13 ‘‘(viii) 1 member shall be an environ14 mental scientist at a public water utility; 

15 ‘‘(3) FUNCTIONS.— 

16 ‘‘(A) RECOMMENDED LIST OF REPORT17 ABLE CONDITIONS.— 

18 ‘‘(i) REVIEW.—In order to assist the 

19 Secretary in carrying out subsection (b)(1), 

20 the Commission shall review State and 

21 local regulations to determine the existence 

22 of conditions that the Commission deter23 mines represent a serious threat to the 

24 health of individuals in the United States. 


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1 ‘‘(ii) RECOMMENDATION.—Based on 

2 the review conducted under clause (i), the 

3 Commission shall compile a list of national 

4 reportable conditions that shall be rec5 ommended to the Secretary for certifi6 cation under subsection (b)(1). The Com7 mission shall review the list at least annu8 ally and shall revise such list as deter9 mined appropriate by the Secretary. 

10 ‘‘(B) NATIONAL REPORTABLE CONDITIONS

11 SYSTEM.—In order to assist the Secretary in 

12 carrying out subsection (b)(2), the Commission 

13 shall advise the Secretary on appropriate proc14 esses and standards for the establishment of 

15 the National Reportable Conditions System. 

16 Such process and standards shall include the 

17 appropriate demographics, clinical and technical 

18 content, identification requirements, definition 

19 of terminology, and processes for the uniform 

20 electronic transmission of reports to the Sys21 tem, as well as minimum time standards in 

22 which such reports shall be transmitted to the 

23 Department by the reporting entity for entry 

24 into the System. 

25 ‘‘(C) DATA REPOSITORY.— 


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1 ‘‘(i) IN GENERAL.—In order to assist 

2 the Secretary in carrying out subsection 

3 (b)(3), the Commission shall advise the 

4 Secretary on the most appropriate means 

5 to establish and maintain a data repository 

6 and ensure that the data repository is ac7 cessible by Federal, State, and local public 

8 health personnel, law enforcement, and 

9 other Federal agencies. Such advise shall 

10 include a process to protect the privacy 

11 and accuracy of data at a level consistent 

12 with commercial practice. 

13 ‘‘(ii) LIMITATION.—In ensuring the 

14 accessibility of the data repository under 

15 clause (i), the Commission shall rec16 ommend appropriate limits to ensure the 

17 use of such repository only by those indi18 viduals determined by the Secretary to 

19 have a need to know and only to use date 

20 in the repository in the protection of the 

21 United States. 

22 ‘‘(D) REPORTING PROCESS.—In order to 

23 assist the Secretary in carrying out subsection 

24 (b)(4), the Commission shall advise the Sec25 retary concerning the establishment of a procVerDate Aug 31 2005 00:39 Sep 16, 2006 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3898.IS S3898

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1 ess for the certification of reporting entities de2 scribed in subsection (a)(8)(B) to ensure that 

3 such entities are able to comply with the report4 ing requirements of State or local entities. Such 

5 process shall— 

6 ‘‘(i) ensure that State and local enti7 ties have appropriate access to, and are ap8 propriately notified of, reports transmitted 

9 to the System in a manner that allows the 

10 reports to be made available at or about 

11 the same time as the data enters the Sys12 tem; 

13 ‘‘(ii) ensure that reporting entities de14 scribed in subsection (a)(8)(B) will not be 

15 required to report identical information to 

16 multiple State or local entities in which the 

17 reporting entities operate or from which 

18 the test specimen, organism, condition, or 

19 event originated. 

20 ‘‘(d) LIMITATIONS.— 

21 ‘‘(1) STATE AND LOCAL REQUIREMENTS.—Ex22 cept as provided in this Act, the National Reportable 

23 Conditions System shall not be construed to 

24 supercede or modify any State, territory, or local law 

25 that is intended to define or require the reporting of 


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1 a condition or disease within the State, territory, or 

2 locality. 

3 ‘‘(2) PROCESS OF SIMULTANEOUS REPORT4 ING.—The Secretary shall establish a process for the 

5 submission of reports to the National Reportable 

6 Conditions System that permits the simultaneous 

7 submission of such reports to a State or local juris8 diction to achieve compliance with a State or local 

9 law. 

10 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated such sums as may be 

12 necessary to carry out this section.’’. 

Æ 


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