In general
Findings
Congress finds that the Centers for Disease Control and Prevention has an essential role in defending against and combatting public health threats domestically and abroad and requires secure and modern facilities, and expanded, improved, and appropriately maintained capabilities related to bioterrorism and other public health emergencies, sufficient to enable such Centers to conduct this important mission.
Facilities
In general
section 247d–1 of this titleThe Director of the Centers for Disease Control and Prevention may design, construct, and equip new facilities, renovate existing facilities (including laboratories, laboratory support buildings, scientific communication facilities, transshipment complexes, secured and isolated parking structures, office buildings, and other facilities and infrastructure), and upgrade security of such facilities, in order to better conduct the capacities described in , and for supporting public health activities.
Multiyear contracting authority
For any project of designing, constructing, equipping, or renovating any facility under subparagraph (A), the Director of the Centers for Disease Control and Prevention may enter into a single contract or related contracts that collectively include the full scope of the project, and the solicitation and contract shall contain the clause “availability of funds” found at section 52.232–18 of title 48, Code of Federal Regulations.
Improving the capacities of the Centers for Disease Control and Prevention
Study of resources for facilities and capacities
Not later than , the Comptroller General of the United States shall conduct a study on Federal spending in fiscal years 2013 through 2018 for activities authorized under this subsection. Such study shall include a review and assessment of obligations and expenditures directly related to each activity under paragraphs (2) and (3), including a specific accounting of, and delineation between, obligations and expenditures incurred for the construction, renovation, equipping, and security upgrades of facilities and associated contracts under this subsection, and the obligations and expenditures incurred to establish and improve the situational awareness and biosurveillance network under subsection (b), and shall identify the agency or agencies incurring such obligations and expenditures.
Establishment of systems of public health communications and surveillance networks
In general
Requirements
The Secretary shall develop a plan to, and ensure that networks under paragraph (1) allow for the timely sharing and discussion, in a secure manner and in a form readily usable for analytical approaches, of essential, deidentified information concerning bioterrorism or another public health emergency, or recommended methods for responding to such an attack or emergency, allowing for coordination to maximize all-hazards medical and public health preparedness and response and to minimize duplication of effort. The Secretary shall ensure that the activities carried out pursuant to the previous sentence are conducted in a manner that protects personal privacy, to the extent required by applicable Federal and State information privacy or security law, at a minimum.
Standards
In general
section 300jj of this titleNot later than 1 year after , the Secretary, in cooperation with health care providers, State, local, Tribal, and territorial public health officials, and relevant Federal agencies (including the Office of the National Coordinator for Health Information Technology and the National Institute of Standards and Technology), shall, as necessary, adopt technical and reporting standards, including standards for interoperability as defined by , for networks under paragraph (1) and update such standards as necessary. Such standards shall be made available on the internet website of the Department of Health and Human Services, in a manner that does not compromise national security.
Deference to standards development organizations
In adopting and implementing standards under this subsection and subsection (c), the Secretary shall give deference to standards published by standards development organizations and voluntary consensus-based standards entities.
Modernizing public health situational awareness and biosurveillance
In general
The Secretary, in collaboration with State, local, and Tribal public health officials, shall establish, modernize, and improve as applicable and appropriate, a near real-time electronic nationwide public health situational awareness capability through an interoperable network of systems to share data and information that is deidentified, as applicable, to enhance early detection of, rapid response to, and management of, potentially catastrophic infectious disease outbreaks, novel emerging threats, and other public health emergencies that originate domestically or abroad. Such network shall be built on existing State situational awareness systems or enhanced systems that enable such interoperability, to the extent practicable. The Secretary shall ensure that the activities carried out pursuant to this paragraph are conducted in a manner that protects personal privacy, to the extent required by applicable Federal and State information privacy or security law, at a minimum.
Coordination and consultation
Elements
In general
Review
Not later than 2 years after , and every 6 years thereafter, the Secretary shall conduct a review of the elements described in subparagraph (A). Such review shall include a discussion of the addition of any elements pursuant to clause (v), including elements added to advancing new technologies, and identify any challenges in the incorporation of elements under subparagraph (A), and make recommendations to improve the quality of data collected pursuant to subparagraph (A) to ensure complete, accurate, and timely sharing of such data, as appropriate, across such elements as described in subparagraph (A). The Secretary shall provide such review to the congressional committees of jurisdiction.
Rule of construction
Paragraph (3) shall not be construed as requiring separate reporting of data and information from each source listed.
Required activities
In general
Public meeting
In general
Not later than 180 days after , and 180 days after , the Secretary shall convene a public meeting for purposes of discussing and providing input on the potential goals, functions, and uses of the network described in paragraph (1) and incorporating the elements described in paragraph (3)(A).
Experts
The public meeting shall include representatives of relevant Federal agencies (including representatives from the Office of the National Coordinator for Health Information Technology and the National Institute of Standards and Technology); State, local, Tribal, and territorial public health officials; stakeholders with expertise in biosurveillance and situational awareness; stakeholders with expertise in capabilities relevant to biosurveillance and situational awareness, such as experts in informatics and data analytics (including experts in prediction, modeling, or forecasting); experts in State-based public health data systems; experts in standards and implementation specifications, including transaction standards; and experts in privacy and data security.
Topics
Strategy and implementation plan
In general
Annual budget plan
Consultation with the National Biodefense Science Board
Situational awareness and biosurveillance as a national security priority
The Secretary, on a periodic basis as applicable and appropriate, shall meet with the Director of National Intelligence to inform the development and capabilities of the nationwide public health situational awareness and biosurveillance network.
Rules of construction
State and regional systems to enhance situational awareness in public health emergencies
In general
To implement the network described in subsection (c), the Secretary may award grants to States or consortia of States to enhance the ability of such States or consortia of States to establish or operate a coordinated public health situational awareness system for regional or Statewide early detection of, rapid response to, and management of potentially catastrophic infectious disease outbreaks and public health emergencies, in collaboration with appropriate public health agencies, environmental health agencies, sentinel hospitals, clinical laboratories, pharmacies, poison control centers, immunization programs, other health care organizations, and animal health organizations within such States.
Eligibility
Use of funds
Limitation
Technical assistance
The Secretary may provide technical assistance to States, localities, Tribes, and territories or a consortium of States, localities, Tribes, and territories receiving an award under this subsection regarding interoperability and the technical standards set forth by the Secretary.
Non-duplication of effort
The Secretary shall ensure that activities carried out under an award under this subsection do not unnecessarily duplicate efforts of other agencies and offices within the Department of Health and Human Services.
Personnel authorities
Specially qualified personnel
Limitations
section 247d–6a(e)(2) of this titleThe Secretary shall exercise the authority under paragraph (1) in a manner that is consistent with the limitations described in .
Timeline
The Secretary shall accomplish the purposes under subsections (b) and (c) no later than , and shall provide a justification to the congressional committees of jurisdiction for any missed or delayed implementation of measurable steps identified under subsection (c)(6)(A)(iii).
Independent evaluation
Not later than 3 years after , the Comptroller General of the United States shall conduct an independent evaluation and submit to the Secretary and the congressional committees of jurisdiction a report concerning the activities conducted under subsections (b) and (c), and provide recommendations, as applicable and appropriate, on necessary improvements to the biosurveillance and situational awareness network.
Authorization of appropriations
Definition
For purposes of this section the term “biosurveillance” means the process of gathering near real-time biological data that relates to human and zoonotic disease activity and threats to human or animal health, in order to achieve early warning and identification of such health threats, early detection and prompt ongoing tracking of health events, and overall situational awareness of disease activity.
July 1, 1944, ch. 373Pub. L. 106–505, title I, § 102114 Stat. 2318Pub. L. 107–188, title I, § 103116 Stat. 603Pub. L. 109–417, title II120 Stat. 2845Pub. L. 113–5, title II, § 204(a)127 Stat. 177Pub. L. 116–22, title II, § 205(a)133 Stat. 918Pub. L. 117–328, div. FF, title II, § 2211136 Stat. 5729(, title III, § 319D, as added , , ; amended , , ; , §§ 202, 204(b)(2), , , 2851; , , ; , (b), , , 924; , , .)
Editorial Notes
Amendments
Pub. L. 117–328, § 2211(8)2022—, substituted “Tribal” for “tribal” wherever appearing.
Pub. L. 117–328, § 2211(1)(A)Subsec. (a)(3). , substituted “emergencies, by” for “emergencies. Activities that may be carried out under the preceding sentence include” in introductory provisions.
Pub. L. 117–328, § 2211(1)(B)Subsec. (a)(3)(D). , inserted “, infectious disease outbreaks,” after “bioterrorism”.
Pub. L. 117–328, § 2211(2)(A)(i)(I)Subsec. (b)(1)(A). , substituted “, local, and Tribal” for “, and local”.
Pub. L. 117–328, § 2211(2)(A)(i)(II)Subsec. (b)(1)(C). –(iii), struck out subpar. (C) which read as follows: “any other entities determined appropriate by the Secretary.”
Pub. L. 117–328, § 2211(2)(B)Subsec. (b)(2). , inserted “, deidentified” before “information” and “The Secretary shall ensure that the activities carried out pursuant to the previous sentence are conducted in a manner that protects personal privacy, to the extent required by applicable Federal and State information privacy or security law, at a minimum.” at end.
Pub. L. 117–328, § 2211(3)(A)Subsec. (c)(1). , inserted “modernize,” after “establish,”, “that is deidentified, as applicable,” after “share data and information”, “, to the extent practicable” after “interoperability”, and “The Secretary shall ensure that the activities carried out pursuant to this paragraph are conducted in a manner that protects personal privacy, to the extent required by applicable Federal and State information privacy or security law, at a minimum.” at end.
Pub. L. 117–328, § 2211(3)(B)(i)Subsec. (c)(3)(A)(v). , struck out cl. (v) which read as follows: “such other sources as the Secretary may deem appropriate.”
Pub. L. 117–328, § 2211(3)(B)(ii)Subsec. (c)(3)(B). , inserted “, and make recommendations to improve the quality of data collected pursuant to subparagraph (A) to ensure complete, accurate, and timely sharing of such data, as appropriate, across such elements as described in subparagraph (A)” after “under subparagraph (A)”.
Pub. L. 117–328, § 2211(3)(C)(i)(I)Subsec. (c)(5)(A). , substituted “, operating, and updating, as appropriate,” for “and operating” in introductory provisions.
Pub. L. 117–328, § 2211(3)(C)(i)(II)Subsec. (c)(5)(A)(iii). , inserted “that is deidentified, as applicable,” after “analyses” and “in accordance with applicable Federal and State privacy and security law” after “agencies”.
Pub. L. 117–328, § 2211(3)(C)(i)(III)Subsec. (c)(5)(A)(vi). –(V), added cl. (vi).
Pub. L. 117–328, § 2211(3)(C)(ii)(I)Subsec. (c)(5)(B)(i). , inserted “and 180 days after ,” after “,”.
Pub. L. 117–328, § 2211(3)(C)(ii)(II)Subsec. (c)(5)(B)(ii). , substituted “experts in State-based public health data systems; experts in standards and implementation specifications, including transaction standards; and experts in privacy and data security” for “and other representatives as the Secretary determines appropriate”.
Pub. L. 117–328, § 2211(3)(C)(ii)(III)(aa)Subsec. (c)(5)(B)(iii)(IV). , inserted “, including existing public health data systems” after “interoperability”.
Pub. L. 117–328, § 2211(3)(C)(ii)(III)(bb)Subsec. (c)(5)(B)(iii)(VII) to (IX). –(dd), added subcls. (VII) to (IX).
Pub. L. 117–328, § 2211(3)(D)(i)Subsec. (c)(6)(A). , inserted “and every 5 years thereafter,” after “,” in introductory provisions.
Pub. L. 117–328, § 2211(3)(D)(ii)Subsec. (c)(6)(A)(iii)(V), (VI). , added subcls. (V) and (VI).
Pub. L. 117–328, § 2211(3)(D)(iv)Subsec. (c)(6)(A)(v). , substituted “, including a description of how such steps will further the goals of the network, consistent with paragraph (1); and” for period at end.
Pub. L. 117–328, § 2211(3)(D)(iii)Subsec. (c)(6)(A)(vi). , (v), added cl. (vi).
Pub. L. 117–328, § 2211(3)(E)Subsec. (c)(9). , added par. (9).
Pub. L. 117–328, § 2211(4)(A)(i)Subsec. (d)(2)(A). , inserted “deidentified” before “data, information” and “, in consultation with such State or consortium of States” after “require”.
Pub. L. 117–328, § 2211(4)(A)(ii)Subsec. (d)(2)(C). , inserted “, including any public-private partnerships or other partnerships entered into to improve such capacity” after “emergencies”.
Pub. L. 117–328, § 2211(4)(B)Subsec. (d)(6). , added par. (6).
Pub. L. 117–328, § 2211(5)Subsecs. (e) to (g). , (6), redesignated subsecs. (f) to (h) as (e) to (g), respectively, and struck out former subsec. (e) which related to telehealth enhancements for emergency response.
Pub. L. 117–328, § 2211(7)Subsec. (h). , added subsec. (h) and struck out former subsec. (h). Prior to amendment, text read as follows: “There are authorized to be appropriated to carry out this section, $161,800,000 for each of fiscal years 2019 through 2023.”
Pub. L. 117–328, § 2211(6), redesignated subsec. (i) as (h).
Pub. L. 117–328, § 2211(6)Subsecs. (i), (j). , redesignated subsecs. (i) and (j) as (h) and (i), respectively.
Pub. L. 116–22, § 205(a)(1)2019—, substituted “Facilities and capacities of” for “Revitalizing” in section catchline.
Pub. L. 116–22, § 205(a)(2)(A)Subsec. (a). , substituted “In general” for “Facilities; capacities” in heading.
Pub. L. 116–22, § 205(a)(2)(B)Subsec. (a)(1). , substituted “, improved, and appropriately maintained” for “and improved”.
Pub. L. 116–22, § 205(a)(2)(C)Subsec. (a)(3). , substituted “expand, improve, enhance, and appropriately maintain” for “expand, enhance, and improve” in introductory provisions.
Pub. L. 116–22, § 205(a)(2)(D)Subsec. (a)(4). , added par. (4).
Pub. L. 116–22, § 205(a)(3)(A)Subsec. (b). , substituted “Establishment of systems of public health” for “National” in heading.
Pub. L. 116–22, § 205(a)(3)(B)Subsec. (b)(1)(B). , inserted “immunization information systems,” after “centers,”.
Pub. L. 116–22, § 205(a)(3)(C)Subsec. (b)(2). , inserted “develop a plan to, and” after “The Secretary shall” and “and in a form readily usable for analytical approaches” after “in a secure manner”.
Pub. L. 116–22, § 205(a)(3)(D)Subsec. (b)(3). , amended par. (3) generally. Prior to amendment, text read as follows: “Not later than one year after , the Secretary, in cooperation with health care providers and State and local public health officials, shall establish any additional technical and reporting standards (including standards for interoperability) for networks under paragraph (1) and update such standards as necessary.”
Pub. L. 116–22, § 205(a)(4)(A)Subsec. (c)(1). , substituted “The Secretary” for “Not later than 2 years after , the Secretary” and “such interoperability” for “such connectivity” and inserted “, and improve as applicable and appropriate,” after “shall establish” and a comma after “detection of”.
Pub. L. 116–22, § 205(a)(4)(B)Subsec. (c)(2). , amended par. (2) generally. Prior to amendment, par. (2) related to a coordinated strategy and an accompanying implementation plan.
Pub. L. 116–22, § 205(a)(4)(C)Subsec. (c)(3). , designated existing provisions as subpar. (A) and inserted heading; redesignated former subpars. (A) to (E) as cls. (i) to (v), respectively, of subpar. (A) and realigned margins; in cl. (iv), inserted “immunization information systems,” after “poison control,” and substituted “, clinical laboratories, and public environmental health agencies” for “and clinical laboratories”; and added subpar. (B).
Pub. L. 116–22, § 205(a)(4)(D)(i)Subsec. (c)(5)(A). , (ii), designated existing provisions as subpar. (A), inserted heading, redesignated former subpars. (A) to (D) as (i) to (iv), respectively, of subpar. (A) and realigned margins.
Pub. L. 116–22, § 205(a)(4)(D)(iv)(I)Subsec. (c)(5)(A)(i). , substituted “as adopted” for “as determined” and inserted “and the National Institute of Standards and Technology” after “Office of the National Coordinator for Health Information Technology”.
Pub. L. 116–22, § 205(a)(4)(D)(iv)(II)Subsec. (c)(5)(A)(v). –(IV), added cl. (v).
Pub. L. 116–22, § 205(a)(4)(D)(iii)Subsec. (c)(5)(B). , added subpar. (B). Former subpar. (B) redesignated cl. (ii) of subpar. (A).
Pub. L. 116–22, § 205(a)(4)(F)Subsec. (c)(6). , added par. (6). Former par. (6) redesignated (7).
Pub. L. 116–22, § 205(a)(4)(E)Subsec. (c)(7). , redesignated par. (6) as (7).
Pub. L. 116–22, § 205(a)(4)(G)(i)Subsec. (c)(7)(A). , inserted “(taking into account zoonotic disease, including gaps in scientific understanding of the interactions between human, animal, and environmental health)” after “human health”.
Pub. L. 116–22, § 205(a)(4)(G)(ii)Subsec. (c)(7)(B). , inserted “and gaps in surveillance programs” after “surveillance programs” and substituted “zoonotic;” for “zoonotic; and”.
Pub. L. 116–22, § 205(a)(4)(G)(iii)Subsec. (c)(7)(C). , inserted “, animal health organizations related to zoonotic disease,” after “health care entities” and substituted “activities; and” for “activities.”
Pub. L. 116–22, § 205(a)(4)(G)(iv)Subsec. (c)(7)(D). , added subpar. (D).
Pub. L. 116–22, § 205(a)(4)(H)Subsec. (c)(8). , added par. (8).
Pub. L. 116–22, § 205(a)(5)(A)Subsec. (d)(1). , inserted “environmental health agencies,” after “public health agencies,” and “immunization programs,” after “poison control centers,”.
Pub. L. 116–22, § 205(a)(5)(B)Subsec. (d)(2)(D). , added subpar. (D).
Pub. L. 116–22, § 205(a)(5)(C)Subsec. (d)(5). , added par. (5) and struck out former par. (5) which required an independent evaluation and report from the Government Accountability Office no later than 3 years after .
Pub. L. 116–22, § 205(a)(7)Subsecs. (f) to (h). , added subsecs. (f) to (h). Former subsecs. (f) and (g) redesignated (i) and (j), respectively.
Pub. L. 116–22, § 205(a)(6)Subsec. (i). , (b), redesignated subsec. (f) as (i) and substituted “$161,800,000 for each of fiscal years 2019 through 2023” for “$138,300,000 for each of fiscal years 2014 through 2018”.
Pub. L. 116–22, § 205(a)(6)Subsec. (j). , redesignated subsec. (g) as (j).
Pub. L. 113–5, § 204(a)(1)(A)2013—Subsec. (b)(1)(B). , inserted “poison control centers,” after “hospitals,”.
Pub. L. 113–5, § 204(a)(1)(B)Subsec. (b)(2). , inserted “, allowing for coordination to maximize all-hazards medical and public health preparedness and response and to minimize duplication of effort” before period at end.
Pub. L. 113–5, § 204(a)(1)(C)Subsec. (b)(3). , inserted “and update such standards as necessary” before period at end.
Pub. L. 113–5, § 204(a)(4)(A)Subsec. (c). , substituted “Modernizing public health situational awareness and biosurveillance” for “Public health situational awareness” in heading.
Pub. L. 113–5, § 204(a)(2), (3), redesignated subsec. (d) as (c) and struck out former subsec. (c) which related to authorization of appropriations for fiscal years 2002 through 2006.
Pub. L. 113–5, § 204(a)(4)(B)Subsec. (c)(1). , substituted “” for “” and inserted “, novel emerging threats,” after “disease outbreaks”.
Pub. L. 113–5, § 204(a)(4)(C)Subsec. (c)(2). , added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “Not later than 180 days after , the Secretary shall submit to the appropriate committees of Congress, a strategic plan that demonstrates the steps the Secretary will undertake to develop, implement, and evaluate the network described in paragraph (1), utilizing the elements described in paragraph (3).”
Pub. L. 113–5, § 204(a)(4)(D)Subsec. (c)(3)(D). , inserted “community health centers, health centers” after “of poison control,”.
Pub. L. 113–5, § 204(a)(4)(E)Subsec. (c)(5)(A). , added subpar. (A) and struck out former subpar. (A) which read as follows: “utilize applicable interoperability standards as determined by the Secretary through a joint public and private sector process;”.
Pub. L. 113–5, § 204(a)(4)(F)Subsec. (c)(6). , added par. (6).
Pub. L. 113–5, § 204(a)(3)Subsec. (d). , redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c).
Pub. L. 113–5, § 204(a)(5)(A)Subsec. (d)(1), (4)(B). , (B), substituted “subsection (c)” for “subsection (d)”.
Pub. L. 113–5, § 204(a)(5)(C)Subsec. (d)(5). , substituted “3 years after ” for “4 years after ” and “subsection (c)” for “subsection (d)”.
Pub. L. 113–5, § 204(a)(3)Subsec. (e). , redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d).
Pub. L. 113–5, § 204(a)(3)Subsec. (f). , (6), redesignated subsec. (g) as (f) and substituted “$138,300,000 for each of fiscal years 2014 through 2018” for “such sums as may be necessary in each of fiscal years 2007 through 2011”. Former subsec. (f) redesignated (e).
Pub. L. 113–5, § 204(a)(7)Subsec. (g). , added subsec. (g). Former subsec. (g) redesignated (f).
Pub. L. 109–417, § 202(1)2006—Subsec. (a)(1). , inserted “domestically and abroad” after “public health threats”.
Pub. L. 109–417, § 204(b)(2)section 247d–2(a) of this titleSubsec. (a)(3). , struck out “, taking into account evaluations under ,” after “The Secretary” in introductory provisions.
Pub. L. 109–417, § 202(2)Subsecs. (d) to (g). , added subsecs. (d) to (g).
Pub. L. 107–1882002— reenacted section catchline without change and amended text generally, substituting detailed provisions relating to facilities, capacities, and national communications and surveillance networks for provisions relating to findings of need for secure and modern facilities.
Statutory Notes and Related Subsidiaries
Working Capital Fund
Pub. L. 113–76, div. H, title II128 Stat. 368
Similar provisions were contained in the following prior appropriation act:
Pub. L. 113–6, div. F, title V, § 1507127 Stat. 423, , .
Pub. L. 112–74, div. F, title II125 Stat. 1070