MODERNIZING STATE, LOCAL, AND TRIBAL BIOSURVEILLANCE CAPABILITIES AND INFECTIOUS DISEASE DATA.

SEC. 2211. MODERNIZING STATE, LOCAL, AND TRIBAL BIOSURVEILLANCE CAPABILITIES AND INFECTIOUS DISEASE DATA. Section 319D of the Public Health Service Act (42 U.S.C. 247d–4) is amended—(1) in subsection (a)(3)—(A) in the matter that precedes subparagraph (A), by striking “. Activities” and all that follows through “include” and inserting “, by”; and (B) in subparagraph (D), by inserting “, infectious disease outbreaks,” after “bioterrorism”; (2) in subsection (b)—(A) in paragraph (1)—(i) in subparagraph (A)—(I) by striking “, and local” and inserting “, local, and Tribal”; and (II) by adding “and” after the semicolon; (ii) in subparagraph (B), by striking “; and” and inserting “;”; and (iii) by striking subparagraph (C); and (B) in paragraph (2)—(i) by inserting “, deidentified” before “information”; and (ii) by adding at the end the following: “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 136 STAT. 5730 required by applicable Federal and State information privacy or security law, at a minimum.”; (3) in subsection (c)—(A) in paragraph (1)—(i) by inserting “modernize,” after “establish,”; (ii) by inserting “that is deidentified, as applicable,” after “share data and information”; (iii) by inserting “, to the extent practicable” before the period of the second sentence; and (iv) by adding at the end the following: “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.”; (B) in paragraph (3)—(i) in subparagraph (A)—(I) in clause (iii), by adding “and” after the semicolon; (II) in clause (iv), by striking “; and” and inserting a period; and (III) by striking clause (v); and (ii) in subparagraph (B), by inserting “, 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)”; (C) in paragraph (5)—(i) in subparagraph (A)—(I) in the matter preceding clause (i), by striking “and operating” and inserting “, operating, and updating, as appropriate,”; (II) in clause (iii)—(aa) by inserting “that is deidentified, as applicable,” after “analyses”; and (bb) by inserting “in accordance with applicable Federal and State privacy and security law” before the semicolon at the end; (III) in clause (iv), by striking “and” at the end; (IV) in clause (v), by striking the period and inserting “; and”; and (V) by adding at the end the following:“(vi) in collaboration with State, local, and Tribal public health officials, integrate and update applicable existing public health data systems and networks of the Department of Health and Human Services to reflect technological advancements, consistent with section 2823, as applicable.” ; and (ii) in subparagraph (B)—(I) in clause (i), by inserting “and 180 days after the date of enactment of the PREVENT Pandemics Act,” after “Innovation Act of 2019,”; (II) in clause (ii), by striking “and other representatives as the Secretary determines appropriate” and inserting “experts in State-based public 136 STAT. 5731 health data systems; experts in standards and implementation specifications, including transaction standards; and experts in privacy and data security”; and (III) in clause (iii)—(aa) in subclause (IV), by inserting “, including existing public health data systems” before the semicolon; (bb) in subclause (V), by striking “and” at the end; (cc) in subclause (VI), by striking the period and inserting a semicolon; and (dd) by adding at the end the following:“(VII) strategies to integrate laboratory and public health data systems and capabilities to support rapid and accurate reporting of laboratory test results and associated relevant data; “(VIII) strategies to improve the collection, reporting, and dissemination of relevant, aggregated, deidentified demographic data to inform responses to public health emergencies, including identification of at-risk populations and to address potential health disparities; and “(IX) strategies to improve the electronic exchange of health information, as appropriate, between State and local health departments and health care providers and facilities to improve the detection of, and responses to, potentially catastrophic infectious disease outbreaks.” ; (D) in paragraph (6)(A)—(i) in the matter preceding clause (i), by inserting “and every 5 years thereafter,” after “Innovation Act of 2019,” (ii) in clause (iii)—(I) in subclause (III), by striking “and” at the end; and (II) by adding at the end the following:“(V) improve coordination and collaboration, as appropriate, with other Federal departments to improve the capabilities of the network and reduce administrative burden on State, local, and Tribal entities; and “(VI) implement applicable lessons learned from recent public health emergencies to address gaps in situational awareness and biosurveillance capabilities;” ; (iii) in clause (iv), by striking “and” at the end; (iv) in clause (v), by striking the period and inserting “, including a description of how such steps will further the goals of the network, consistent with paragraph (1); and”; and (v) by adding at the end the following:“(vi) identifies and demonstrates measurable steps the Secretary will take to further develop and integrate infectious disease detection, support rapid, accurate, and secure sharing of laboratory test results, deidentified as appropriate, during a public health 136 STAT. 5732 emergency, and improve coordination and collaboration with State, local, and Tribal public health officials, clinical laboratories, and other entities with expertise in public health surveillance.” ; and (E) by adding at the end the following:“(9) Rules of construction.—“(A) Nothing in this subsection shall be construed to supplant, in whole or in part, State, local, or Tribal activities or responsibilities related to public health surveillance. “(B) Nothing in this subsection shall be construed to alter the authority of the Secretary with respect to the types of data the Secretary may receive through systems supported or established under this section.” ; (4) in subsection (d)—(A) in paragraph (2)—(i) in subparagraph (A)—(I) by inserting “deidentified” before “data, information”; and (II) by inserting “, in consultation with such State or consortium of States” before the semicolon; (ii) in subparagraph (C), by inserting “, including any public-private partnerships or other partnerships entered into to improve such capacity” before the semicolon; and (B) by adding at the end the following:“(6) 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.” ; (5) by striking subsection (e); (6) by redesignating subsections (f), (g), (h), (i), and (j), as subsections (e), (f), (g), (h), and (i), respectively; (7) by striking subsection (h), as redesignated by paragraph (6), and inserting the following:“(h) Authorization of Appropriations.—There are authorized to be appropriated—“(1) to carry out subsection (a), $25,000,000 for each of fiscal years 2022 and 2023; and “(2) to carry out subsections (b), (c), and (d), $136,800,000 for each of fiscal years 2022 and 2023.” ; and (8) by striking “tribal” each place it appears and inserting “Tribal”.