6 U.S.C. § 195b
(a)
Establishment— The
Secretary, acting through the Assistant
Secretary for the Countering Weapons of Mass Destruction Office, shall establish, operate, and maintain a National Biosurveillance Integration
Center (referred to in this section as the “NBIC”), which shall be headed by a Directing Officer, under an office or directorate of the
Department that is in existence as of August 3, 2007.
(b)
Primary mission— The primary mission of the NBIC is to—
(1)
enhance the capability of the Federal Government to—
(A)
rapidly identify, characterize, localize, and track a biological event of national concern by integrating and analyzing data relating to human health, animal, plant, food, and environmental monitoring systems (both national and international); and
(B)
disseminate alerts and other information to Member
Agencies and, in coordination with (and where possible through) Member
Agencies, to
agencies of
State, local, and
tribal governments, as appropriate, to enhance the ability of such
agencies to respond to a biological event of national concern; and
(2)
oversee development and operation of the National Biosurveillance Integration System.
(c)
Requirements— The NBIC shall detect, as early as possible, a biological event of national concern that presents a risk to the
United States or the infrastructure or key
assets of the
United States, including
by—
(1)
consolidating data from all relevant surveillance systems maintained by Member
Agencies to detect biological events of national concern across human, animal, and plant species;
(2)
seeking private sources of surveillance, both foreign and domestic, when such sources would enhance coverage of critical surveillance gaps;
(3)
using an information technology system that uses the best available statistical and other analytical tools to identify and characterize biological events of national concern in as close to real-time as is practicable;
(4)
providing the infrastructure for such integration, including information technology systems and space, and support for
personnel from Member
Agencies with sufficient expertise to enable analysis and interpretation of data;
(5)
working with Member
Agencies to create information technology systems that use the minimum amount of patient data necessary and consider patient confidentiality and privacy issues at all stages of development and apprise the Privacy Officer of such efforts; and
(d)
Responsibilities of the Directing Officer of the NBIC—
(1)
In general— The Directing Officer of the NBIC shall—
(A)
on an ongoing basis, monitor the availability and appropriateness of surveillance systems used by the NBIC and those systems that could enhance biological situational awareness or the overall performance of the NBIC;
(B)
on an ongoing basis, review and seek to improve the statistical and other analytical methods used by the NBIC;
(C)
receive and consider other relevant
homeland security information, as appropriate; and
(D)
provide technical assistance, as appropriate, to all Federal, regional,
State, local, and
tribal government entities and private sector
entities that contribute data relevant to the operation of the NBIC.
(2)
Assessments— The Directing Officer of the NBIC shall—
(A)
on an ongoing basis, evaluate available data for evidence of a biological event of national concern; and
(B)
integrate
homeland security information with NBIC data to provide overall situational awareness and determine whether a biological event of national concern has occurred.
(3)
Information sharing—
(A)
In general— The Directing Officer of the NBIC shall—
(i)
establish a method of real-time communication with the National Operations
Center;
(ii)
in the event that a biological event of national concern is detected, notify the
Secretary and disseminate results of NBIC assessments relating to that biological event of national concern to appropriate Federal response
entities and, in coordination with relevant Member
Agencies, regional,
State, local, and tribal governmental response
entities in a timely manner;
(iii)
provide any report on NBIC assessments to Member
Agencies and, in coordination with relevant Member
Agencies, any affected regional,
State, local, or
tribal government, and any private sector
entity considered appropriate that may enhance the mission of such Member
Agencies, governments, or
entities or the ability of the Nation to respond to biological events of national concern; and
(iv)
share NBIC
incident or situational awareness reports, and other relevant information, consistent with the information sharing environment established under
section 485 of this title and any policies, guidelines, procedures, instructions, or standards established under that section.
(B)
Consultation— The Directing Officer of the NBIC shall implement the activities described in
subparagraph (A) consistent with the policies, guidelines, procedures, instructions, or standards established under
section 485 of this title and in consultation with the
Director of National Intelligence, the Under
Secretary for Intelligence and Analysis, and other offices or
agencies of the Federal Government, as appropriate.
(e)
Responsibilities of the NBIC member agencies—
(1)
1 In general— Each Member
Agency shall—
(A)
use its best efforts to integrate biosurveillance information into the NBIC, with the goal of promoting information sharing between Federal,
State, local, and
tribal governments to detect biological events of national concern;
(B)
provide timely information to assist the NBIC in maintaining biological situational awareness for accurate detection and response purposes;
(C)
enable the NBIC to receive and use biosurveillance information from member
agencies to carry out its requirements under
subsection (c);
(D)
connect the biosurveillance data systems of that Member
Agency to the NBIC data system under mutually agreed protocols that are consistent with
subsection (c)(5);
(E)
participate in the formation of strategy and policy for the operation of the NBIC and its information sharing;
(F)
provide
personnel to the NBIC under an interagency
personnel agreement and consider the qualifications of such
personnel necessary to provide human, animal, and environmental data analysis and interpretation support to the NBIC; and
(G)
retain responsibility for the surveillance and intelligence systems of that
department or
agency, if applicable.
(f)
Administrative authorities—
(1)
Hiring of experts— The Directing Officer of the NBIC shall hire individuals with the necessary expertise to develop and operate the NBIC.
(2)
Detail of personnel— Upon the request of the Directing Officer of the NBIC, the head of any Federal
department or
agency may detail, on a reimbursable basis, any of the
personnel of that
department or
agency to the
Department to assist the NBIC in carrying out this section.
(g)
NBIC interagency working group— The Directing Officer of the NBIC shall—
(1)
establish an interagency working group to facilitate interagency cooperation and to advise the Directing Officer of the NBIC regarding recommendations to enhance the biosurveillance capabilities of the
Department; and
(2)
invite Member
Agencies to serve on that working group.
(h)
Relationship to other departments and agencies— The authority of the Directing Officer of the NBIC under this section shall not affect any authority or responsibility of any other
department or
agency of the Federal Government with respect to biosurveillance activities under any program administered by that
department or
agency.
(i)
Authorization of appropriations— There are authorized to be appropriated such sums as are necessary to carry out this section.
(j)
Definitions— In this section:
(2)
The term “biological event of national concern” means—
(B)
a naturally occurring outbreak of an infectious disease that may result in a national epidemic.
(4)
The term “Member
Agency” means any Federal
department or
agency that, at the discretion of the head of that
department or
agency, has entered a memorandum of understanding regarding participation in the NBIC.
Notes, amendments, and revision history
(Pub. L. 107–296, title III, § 316, as added Pub. L. 110–53, title XI, § 1101(a), Aug. 3, 2007, 121 Stat. 375; amended Pub. L. 115–387, § 2(f)(2), Dec. 21, 2018, 132 Stat. 5168.)
Editorial Notes
Amendments
2018—Subsec. (a). Pub. L. 115–387 substituted “Secretary, acting through the Assistant Secretary for the Countering Weapons of Mass Destruction Office, shall” for “Secretary shall”.
Statutory Notes and Related Subsidiaries
Deadline for Implementation
Pub. L. 110–53, title XI, § 1101(c), Aug. 3, 2007, 121 Stat. 378, provided that: “The National Biosurveillance Integration Center under section 316 of the Homeland Security Act [of 2002, 6 U.S.C. 195b], as added by subsection (a), shall be fully operational by not later than September 30, 2008.”