---
kind: "section"
citation: "42 U.S.C. § 247d–4"
title: "42"
title_heading: "The Public Health and Welfare"
number: "247d–4"
heading: "Facilities and capacities of the Centers for Disease Control and Prevention"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/247d-4"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter II — General Powers and Duties"
  - "Part B — Federal-State Cooperation"
---

# §247d–4. Facilities and capacities of the Centers for Disease Control and Prevention

- (a) **In general—**
  - (1) **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.
  - (2) **Facilities—**
    - (A) **In general—** The [Director](/usc/42/11851.md?p=5) 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 [section 247d–1 of this title](/usc/42/247d–1.md), and for supporting public health activities.
    - (B) **Multiyear contracting authority—** For any [project](/usc/42/13641.md?p=2) of designing, constructing, equipping, or renovating any facility under [subparagraph (A)](#a-2-A), the [Director](/usc/42/11851.md?p=5) 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](/usc/42/13641.md?p=2), 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](/usc/42/201.md?p=d).
  - (3) **Improving the capacities of the Centers for Disease Control and Prevention—** The [Secretary](/usc/42/201.md?p=c) shall expand, improve, enhance, and appropriately maintain the capabilities of the Centers for Disease Control and Prevention relating to preparedness for and responding effectively to bioterrorism and other public health emergencies, by—
    - (A) expanding or enhancing the training of personnel;
    - (B) improving communications facilities and networks, including delivery of necessary information to rural areas;
    - (C) improving capabilities for public health surveillance and reporting activities, taking into account the integrated system or systems of public health alert communications and surveillance networks under [subsection (b)](#b); and
    - (D) improving laboratory facilities related to bioterrorism, infectious disease outbreaks, and other public health emergencies, including increasing the security of such facilities.
  - (4) **Study of resources for facilities and capacities—** Not later than June 1, 2022, the [Comptroller General](/usc/42/300x–64.md?p=b-1) 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)](#a-2) and [(3)](#a-3), including a specific accounting of, and delineation between, obligations and expenditures incurred for the [construction](/usc/42/300s–3.md?p=7), 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)](#b), and shall identify the [agency](/usc/42/8262.md?p=1) or [agencies](/usc/42/8262.md?p=1) incurring such obligations and expenditures.
- (b) **Establishment of systems of public health communications and surveillance networks—**
  - (1) **In general—** The [Secretary](/usc/42/201.md?p=c), directly or through awards of grants, contracts, or cooperative agreements, shall provide for the establishment of an integrated system or systems of public health alert communications and surveillance networks between and among—
    - (A) Federal, [State](/usc/42/201.md?p=f), local, and Tribal public health officials; and
    - (B) public and private health-related laboratories, [hospitals](/usc/42/300s–3.md?p=1), poison control centers, immunization information systems, and other health care facilities;[^1]
  - (2) **Requirements—** The [Secretary](/usc/42/201.md?p=c) shall develop a plan to, and ensure that networks under [paragraph (1)](#b-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](/usc/42/201.md?p=c) 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](/usc/42/201.md?p=f) information privacy or security law, at a minimum.
  - (3) **Standards—**
    - (A) **In general—** Not later than 1 year after June 24, 2019, the [Secretary](/usc/42/201.md?p=c), in cooperation with [health care providers](/usc/42/300aa–33.md?p=1), [State](/usc/42/201.md?p=f), local, Tribal, and territorial public health officials, and relevant Federal [agencies](/usc/42/8262.md?p=1) (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 [section 300jj of this title](/usc/42/300jj.md), for networks under [paragraph (1)](#b-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](/usc/42/201.md?p=a), in a manner that does not compromise national security.
    - (B) **Deference to standards development organizations—** In adopting and implementing standards under this subsection and [subsection (c)](#c), the [Secretary](/usc/42/201.md?p=c) shall give deference to standards published by standards development organizations and voluntary consensus-based standards entities.
- (c) **Modernizing public health situational awareness and biosurveillance—**
  - (1) **In general—** The [Secretary](/usc/42/201.md?p=c), in collaboration with [State](/usc/42/201.md?p=f), 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](/usc/42/201.md?p=f) situational awareness systems or enhanced systems that enable such interoperability, to the extent practicable. The [Secretary](/usc/42/201.md?p=c) 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](/usc/42/201.md?p=f) information privacy or security law, at a minimum.
  - (2) **Coordination and consultation—** In establishing and improving the network under [paragraph (1)](#c-1), the [Secretary](/usc/42/201.md?p=c) shall—
    - (A) facilitate coordination among [agencies](/usc/42/8262.md?p=1) within the Department of Health and Human [Services](/usc/42/201.md?p=a) that provide, or have the potential to provide, information and data to, and analyses for, the situational awareness and biosurveillance network under [paragraph (1)](#c-1), including coordination among relevant [agencies](/usc/42/8262.md?p=1) related to health [care services](/usc/42/300z–1.md?p=a-7), the facilitation of health information [exchange](/usc/42/300gg–91.md?p=d-21) (including the Office of the National Coordinator for Health Information Technology), and public health emergency preparedness and response; and
    - (B) consult with the [Secretary](/usc/42/201.md?p=c) of Agriculture, the [Secretary](/usc/42/201.md?p=c) of Commerce (and the [Director](/usc/42/11851.md?p=5) of the National Institute of Standards and Technology), the [Secretary](/usc/42/201.md?p=c) of Defense, the [Secretary](/usc/42/201.md?p=c) of Homeland Security, the [Secretary](/usc/42/201.md?p=c) of Veterans Affairs, and the heads of other Federal [agencies](/usc/42/8262.md?p=1), as the [Secretary](/usc/42/201.md?p=c) determines appropriate.
  - (3) **Elements—**
    - (A) **In general—** The network described in [paragraph (1)](#c-1) shall include data and information transmitted in a standardized format from—
      - (i) [State](/usc/42/201.md?p=f), local, and Tribal public health entities, including public health laboratories;
      - (ii) Federal health [agencies](/usc/42/8262.md?p=1);
      - (iii) zoonotic disease monitoring systems; and
      - (iv) public and private sector health care entities, [hospitals](/usc/42/300s–3.md?p=1), pharmacies, poison control centers or professional organizations in the field of poison control, immunization information systems, community health centers, health centers, clinical laboratories, and public environmental health [agencies](/usc/42/8262.md?p=1), to the extent practicable and provided that such data are voluntarily provided simultaneously to the [Secretary](/usc/42/201.md?p=c) and appropriate [State](/usc/42/201.md?p=f), local, and Tribal public health [agencies](/usc/42/8262.md?p=1).
    - (B) **Review—** Not later than 2 years after June 24, 2019, and every 6 years thereafter, the [Secretary](/usc/42/201.md?p=c) shall conduct a review of the elements described in [subparagraph (A)](#c-3-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)](#c-3-A), and make recommendations to improve the quality of data collected pursuant to [subparagraph (A)](#c-3-A) to ensure complete, accurate, and timely sharing of such data, as appropriate, across such elements as described in [subparagraph (A)](#c-3-A). The [Secretary](/usc/42/201.md?p=c) shall provide such review to the congressional committees of jurisdiction.
  - (4) **Rule of construction—** [Paragraph (3)](#c-3) shall not be construed as requiring separate reporting of data and information from each source listed.
  - (5) **Required activities—**
    - (A) **In general—** In establishing, operating, and updating, as appropriate, the network described in [paragraph (1)](#c-1), the [Secretary](/usc/42/201.md?p=c) shall—
      - (i) utilize applicable interoperability standards as adopted by the [Secretary](/usc/42/201.md?p=c), and in consultation with the Office of the National Coordinator for Health Information Technology and the National Institute of Standards and Technology, through a joint public and private sector process;
      - (ii) define minimal data elements for such network;
      - (iii) in collaboration with [State](/usc/42/201.md?p=f), local, and Tribal public health officials, integrate and build upon existing [State](/usc/42/201.md?p=f), local, and Tribal capabilities, ensuring simultaneous sharing of data, information, and analyses that is deidentified, as applicable, from the network described in [paragraph (1)](#c-1) with [State](/usc/42/201.md?p=f), local, and Tribal public health [agencies](/usc/42/8262.md?p=1) in accordance with applicable Federal and [State](/usc/42/201.md?p=f) privacy and security law;
      - (iv) in collaboration with [State](/usc/42/201.md?p=f), local, and Tribal public health officials, develop procedures and standards for the collection, analysis, and interpretation of data that [States](/usc/42/201.md?p=f), regions, or other entities collect and report to the network described in [paragraph (1)](#c-1);
      - (v) pilot test standards and implementation specifications, consistent with the process described in [section 300jj–12(b)(3)(C) of this title](/usc/42/300jj–12.md?p=b-3-C), which [State](/usc/42/201.md?p=f), local, Tribal, and territorial public health entities may utilize, on a voluntary basis, as a part of the network; and
      - (vi) in collaboration with [State](/usc/42/201.md?p=f), 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](/usc/42/201.md?p=a) to reflect technological advancements, consistent with [section 300hh–33 of this title](/usc/42/300hh–33.md), as applicable.
    - (B) **Public meeting—**
      - (i) **In general—** Not later than 180 days after June 24, 2019, and 180 days after December 29, 2022, the [Secretary](/usc/42/201.md?p=c) 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)](#c-1) and incorporating the elements described in [paragraph (3)(A)](#c-3-A).
      - (ii) **Experts—** The public meeting shall include representatives of relevant Federal [agencies](/usc/42/8262.md?p=1) (including representatives from the Office of the National Coordinator for Health Information Technology and the National Institute of Standards and Technology); [State](/usc/42/201.md?p=f), 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](/usc/42/201.md?p=f)-based public health data systems; experts in standards and implementation specifications, including transaction standards; and experts in privacy and data security.
      - (iii) **Topics—** Such public meeting shall include a discussion of—
        - (I) data elements, including minimal or essential data elements, that are voluntarily provided for such network, which may include elements from public health and public and private health care entities, to the extent practicable;
        - (II) standards and implementation specifications that may improve the collection, analysis, and interpretation of data during a public health emergency;
        - (III) strategies to encourage the access, [exchange](/usc/42/300gg–91.md?p=d-21), and use of information;
        - (IV) considerations for [State](/usc/42/201.md?p=f), local, Tribal, and territorial capabilities and infrastructure related to data [exchange](/usc/42/300gg–91.md?p=d-21) and interoperability, including existing public health data systems;
        - (V) privacy and security protections provided at the Federal, [State](/usc/42/201.md?p=f), local, Tribal, and territorial levels, and by nongovernmental stakeholders;
        - (VI) opportunities for the incorporation of innovative technologies to improve the network;
        - (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](/usc/42/300gg–91.md?p=d-21) of health information, as appropriate, between [State](/usc/42/201.md?p=f) and local health departments and [health care providers](/usc/42/300aa–33.md?p=1) and facilities to improve the detection of, and responses to, potentially catastrophic infectious disease outbreaks.
  - (6) **Strategy and implementation plan—**
    - (A) **In general—** Not later than 18 months after June 24, 2019, and every 5 years thereafter, the [Secretary](/usc/42/201.md?p=c) shall submit to the congressional committees of jurisdiction a coordinated strategy and an accompanying implementation plan that—
      - (i) is informed by the public meeting under [paragraph (5)(B)](#c-5-B);
      - (ii) includes a review and assessment of existing capabilities of the network and related infrastructure, including input provided by the public meeting under [paragraph (5)(B)](#c-5-B);
      - (iii) identifies and demonstrates the measurable steps the [Secretary](/usc/42/201.md?p=c) will carry out to—
        - (I) develop, implement, and evaluate the network described in [paragraph (1)](#c-1), utilizing elements described in [paragraph (3)(A)](#c-3-A);
        - (II) modernize and enhance biosurveillance activities, including strategies to include innovative technologies and analytical approaches (including prediction and forecasting for pandemics and all-hazards) from public and private entities;
        - (III) improve information sharing, coordination, and communication among disparate biosurveillance systems supported by the Department of Health and Human [Services](/usc/42/201.md?p=a), including the identification of methods to improve accountability, better utilize resources and workforce capabilities, and incorporate innovative technologies within and across [agencies](/usc/42/8262.md?p=1);
        - (IV) test and evaluate capabilities of the interoperable network of systems to improve situational awareness and biosurveillance capabilities;
        - (V) improve coordination and collaboration, as appropriate, with other Federal departments to improve the capabilities of the network and reduce administrative burden on [State](/usc/42/201.md?p=f), local, and Tribal entities; and
        - (VI) implement applicable lessons learned from recent public health emergencies to address gaps in situational awareness and biosurveillance capabilities;
      - (iv) includes performance measures and the metrics by which performance measures will be assessed with respect to the measurable steps under [clause (iii)](#c-6-A-iii);
      - (v) establishes dates by which each measurable step under [clause (iii)](#c-6-A-iii) will be implemented, including a description of how such steps will further the goals of the network, consistent with [paragraph (1)](#c-1); and
      - (vi) identifies and demonstrates measurable steps the [Secretary](/usc/42/201.md?p=c) 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 emergency, and improve coordination and collaboration with [State](/usc/42/201.md?p=f), local, and Tribal public health officials, clinical laboratories, and other entities with expertise in public health surveillance.
    - (B) **Annual budget plan—** Not later than 2 years after June 24, 2019, and on an annual basis thereafter, in accordance with the strategy and implementation plan under this paragraph, the [Secretary](/usc/42/201.md?p=c) shall, taking into account recommendations provided by the National Biodefense Science Board, develop a budget plan based on the strategy and implementation plan under this section. Such budget plan shall include—
      - (i) a summary of resources previously expended to establish, improve, and utilize the nationwide public health situational awareness and biosurveillance network under [paragraph (1)](#c-1);
      - (ii) estimates of costs and resources needed to establish and improve the network under [paragraph (1)](#c-1) according to the strategy and implementation plan under [subparagraph (A)](#c-6-A);
      - (iii) the identification of gaps and inefficiencies in nationwide public health situational awareness and biosurveillance capabilities, resources, and authorities needed to address such gaps; and
      - (iv) a strategy to minimize and address such gaps and improve inefficiencies.
  - (7) **Consultation with the National Biodefense Science Board—** In carrying out this section and consistent with [section 247d–7g of this title](/usc/42/247d–7g.md), the National Biodefense Science Board shall provide expert advice and guidance, including recommendations, regarding the measurable steps the [Secretary](/usc/42/201.md?p=c) should take to modernize and enhance biosurveillance activities pursuant to the efforts of the Department of Health and Human [Services](/usc/42/201.md?p=a) to ensure comprehensive, real-time, all-hazards biosurveillance capabilities. In complying with the preceding sentence, the National Biodefense Science Board shall—
    - (A) identify the steps necessary to achieve a national biosurveillance system for human health (taking into account zoonotic disease, including gaps in scientific understanding of the interactions between human, animal, and environmental health), with international connectivity, where appropriate, that is predicated on [State](/usc/42/201.md?p=f), regional, and community level capabilities and creates a networked system to allow for two-way information flow between and among Federal, [State](/usc/42/201.md?p=f), and local government public health authorities and clinical [health care providers](/usc/42/300aa–33.md?p=1);
    - (B) identify any duplicative surveillance [programs](/usc/42/274l–1.md?p=4) and gaps in surveillance [programs](/usc/42/274l–1.md?p=4) under the authority of the [Secretary](/usc/42/201.md?p=c), or changes that are necessary to existing [programs](/usc/42/274l–1.md?p=4), in order to enhance and modernize such activities, minimize duplication, strengthen and streamline such activities under the authority of the [Secretary](/usc/42/201.md?p=c), and achieve real-time and appropriate data that relate to disease activity, both human and zoonotic;
    - (C) coordinate with applicable existing [advisory committees](/usc/42/17061.md?p=2) of the [Director](/usc/42/11851.md?p=5) of the Centers for Disease Control and Prevention, including such [advisory committees](/usc/42/17061.md?p=2) consisting of representatives from [State](/usc/42/201.md?p=f), local, and Tribal public health authorities and appropriate public and private sector health care entities, animal health organizations related to zoonotic disease, and academic institutions, in order to provide guidance on public health surveillance activities; and
    - (D) provide recommendations to the [Secretary](/usc/42/201.md?p=c) on policies and procedures to complete the steps described in this paragraph in a manner that is consistent with [section 300hh–1 of this title](/usc/42/300hh–1.md).
  - (8) **Situational awareness and biosurveillance as a national security priority—** The [Secretary](/usc/42/201.md?p=c), on a periodic basis as applicable and appropriate, shall meet with the [Director](/usc/42/11851.md?p=5) of National Intelligence to inform the development and capabilities of the nationwide public health situational awareness and biosurveillance network.
  - (9) **Rules of construction—**
    - (A) Nothing in this subsection shall be construed to supplant, in whole or in part, [State](/usc/42/201.md?p=f), 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](/usc/42/201.md?p=c) with respect to the types of data the [Secretary](/usc/42/201.md?p=c) may receive through systems supported or established under this section.
- (d) **State and regional systems to enhance situational awareness in public health emergencies—**
  - (1) **In general—** To implement the network described in [subsection (c)](#c), the [Secretary](/usc/42/201.md?p=c) may award grants to [States](/usc/42/201.md?p=f) or consortia of [States](/usc/42/201.md?p=f) to enhance the ability of such [States](/usc/42/201.md?p=f) or consortia of [States](/usc/42/201.md?p=f) 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](/usc/42/8262.md?p=1), environmental health [agencies](/usc/42/8262.md?p=1), sentinel [hospitals](/usc/42/300s–3.md?p=1), clinical laboratories, pharmacies, poison control centers, immunization [programs](/usc/42/274l–1.md?p=4), other health care organizations, and animal health organizations within such [States](/usc/42/201.md?p=f).
  - (2) **Eligibility—** To be eligible to receive a grant under [paragraph (1)](#d-1), the [State](/usc/42/201.md?p=f) or [consortium](/usc/42/17061.md?p=4) of [States](/usc/42/201.md?p=f) shall submit to the [Secretary](/usc/42/201.md?p=c) an application at such time, in such manner, and containing such information as the [Secretary](/usc/42/201.md?p=c) may require, including an assurance that the [State](/usc/42/201.md?p=f) or [consortium](/usc/42/17061.md?p=4) of [States](/usc/42/201.md?p=f) will submit to the [Secretary](/usc/42/201.md?p=c)—
    - (A) reports of such deidentified data, information, and metrics as the [Secretary](/usc/42/201.md?p=c) may require, in consultation with such [State](/usc/42/201.md?p=f) or [consortium](/usc/42/17061.md?p=4) of [States](/usc/42/201.md?p=f);
    - (B) a report on the effectiveness of the systems funded under the grant;
    - (C) a description of the manner in which grant funds will be used to enhance the timelines and comprehensiveness of efforts to detect, respond to, and manage potentially catastrophic infectious disease outbreaks and public health emergencies, including any public-private partnerships or other partnerships entered into to improve such capacity; and
    - (D) an implementation plan that may include measurable steps to achieve the purposes described in [paragraph (1)](#d-1).
  - (3) **Use of funds—** A [State](/usc/42/201.md?p=f) or [consortium](/usc/42/17061.md?p=4) of [States](/usc/42/201.md?p=f) that receives an award under this subsection—
    - (A) shall establish, enhance, 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;
    - (B) may award grants or contracts to entities described in [paragraph (1)](#d-1) within or serving such [State](/usc/42/201.md?p=f) to assist such entities in improving the operation of information technology systems, facilitating the secure [exchange](/usc/42/300gg–91.md?p=d-21) of data and information, and training personnel to enhance the operation of the system described in [subparagraph (A)](#d-3-A); and
    - (C) may conduct a pilot [program](/usc/42/274l–1.md?p=4) for the development of multi-[State](/usc/42/201.md?p=f) telehealth network test beds that build on, enhance, and securely link existing [State](/usc/42/201.md?p=f) and local telehealth [programs](/usc/42/274l–1.md?p=4) to prepare for, monitor, respond to, and manage the events of public health emergencies, facilitate coordination and communication among medical, public health, and emergency response [agencies](/usc/42/8262.md?p=1), and provide medical [services](/usc/42/201.md?p=a) through telehealth initiatives within the [States](/usc/42/201.md?p=f) that are involved in such a multi-[State](/usc/42/201.md?p=f) telehealth network test bed.
  - (4) **Limitation—** Information technology systems acquired or implemented using grants awarded under this section must be compliant with—
    - (A) interoperability and other technological standards, as determined by the [Secretary](/usc/42/201.md?p=c); and
    - (B) data collection and reporting requirements for the network described in [subsection (c)](#c).
  - (5) **Technical assistance—** The [Secretary](/usc/42/201.md?p=c) may provide technical assistance to [States](/usc/42/201.md?p=f), localities, Tribes, and territories or a [consortium](/usc/42/17061.md?p=4) of [States](/usc/42/201.md?p=f), localities, Tribes, and territories receiving an award under this subsection regarding interoperability and the technical standards set forth by the [Secretary](/usc/42/201.md?p=c).
  - (6) **Non-duplication of effort—** The [Secretary](/usc/42/201.md?p=c) shall ensure that activities carried out under an award under this subsection do not unnecessarily duplicate efforts of other [agencies](/usc/42/8262.md?p=1) and offices within the Department of Health and Human [Services](/usc/42/201.md?p=a).
- (e) **Personnel authorities—**
  - (1) **Specially qualified personnel—** In addition to any other personnel authorities, to carry out subsections [(b)](#b) and [(c)](#c), the [Secretary](/usc/42/201.md?p=c) may—
    - (A) appoint highly qualified individuals to scientific or professional positions at the Centers for Disease Control and Prevention, not to exceed 30 such [employees](/usc/42/300gg–91.md?p=d-5) at any time (specific to positions authorized by this subsection), 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), and other related scientific or technical fields; and
    - (B) compensate individuals appointed under [subparagraph (A)](#e-1-A) in the same manner and subject to the same terms and conditions in which individuals appointed under 9903[^2] of title 5 are compensated, without regard to the provisions of [chapter 51](/usc/42/chch51.md) and subchapter III of [chapter 53](/usc/42/chch53.md) of such title relating to classification and General Schedule pay rates.
  - (2) **Limitations—** The [Secretary](/usc/42/201.md?p=c) shall exercise the authority under [paragraph (1)](#e-1) in a manner that is consistent with the limitations described in [section 247d–6a(e)(2) of this title](/usc/42/247d–6a.md?p=e-2).
- (f) **Timeline—** The [Secretary](/usc/42/201.md?p=c) shall accomplish the purposes under subsections [(b)](#b) and [(c)](#c) no later than September 30, 2023, 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)](#c-6-A-iii).
- (g) **Independent evaluation—** Not later than 3 years after June 24, 2019, the [Comptroller General](/usc/42/300x–64.md?p=b-1) of the United States shall conduct an independent evaluation and submit to the [Secretary](/usc/42/201.md?p=c) and the congressional committees of jurisdiction a report concerning the activities conducted under subsections [(b)](#b) and [(c)](#c), and provide recommendations, as applicable and appropriate, on necessary improvements to the biosurveillance and situational awareness network.
- (h) **Authorization of appropriations—** There are authorized to be appropriated—
  - (1) to carry out [subsection (a)](#a), $25,000,000 for each of fiscal years 2022 and 2023; and
  - (2) to carry out subsections [(b)](#b), [(c)](#c), and [(d)](#d), $136,800,000 for each of fiscal years 2022 and 2023.
- (i) **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.

## Footnotes

[^1]: So in original.
[^2]: So in original. Probably should be preceded by “section”.

## Source credit

(July 1, 1944, ch. 373, title III, § 319D, as added Pub. L. 106–505, title I, § 102, Nov. 13, 2000, 114 Stat. 2318; amended Pub. L. 107–188, title I, § 103, June 12, 2002, 116 Stat. 603; Pub. L. 109–417, title II, §§ 202, 204(b)(2), Dec. 19, 2006, 120 Stat. 2845, 2851; Pub. L. 113–5, title II, § 204(a), Mar. 13, 2013, 127 Stat. 177; Pub. L. 116–22, title II, § 205(a), (b), June 24, 2019, 133 Stat. 918, 924; Pub. L. 117–328, div. FF, title II, § 2211, Dec. 29, 2022, 136 Stat. 5729.)

## Notes

### Editorial Notes

### Amendments

2022—Pub. L. 117–328, § 2211(8), substituted “Tribal” for “tribal” wherever appearing.

Subsec. (a)(3). Pub. L. 117–328, § 2211(1)(A), substituted “emergencies, by” for “emergencies. Activities that may be carried out under the preceding sentence include” in introductory provisions.

Subsec. (a)(3)(D). Pub. L. 117–328, § 2211(1)(B), inserted “, infectious disease outbreaks,” after “bioterrorism”.

Subsec. (b)(1)(A). Pub. L. 117–328, § 2211(2)(A)(i)(I), substituted “, local, and Tribal” for “, and local”.

Subsec. (b)(1)(C). Pub. L. 117–328, § 2211(2)(A)(i)(II)–(iii), struck out subpar. (C) which read as follows: “any other entities determined appropriate by the Secretary.”

Subsec. (b)(2). Pub. L. 117–328, § 2211(2)(B), 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.

Subsec. (c)(1). Pub. L. 117–328, § 2211(3)(A), 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.

Subsec. (c)(3)(A)(v). Pub. L. 117–328, § 2211(3)(B)(i), struck out cl. (v) which read as follows: “such other sources as the Secretary may deem appropriate.”

Subsec. (c)(3)(B). Pub. L. 117–328, § 2211(3)(B)(ii), 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)”.

Subsec. (c)(5)(A). Pub. L. 117–328, § 2211(3)(C)(i)(I), substituted “, operating, and updating, as appropriate,” for “and operating” in introductory provisions.

Subsec. (c)(5)(A)(iii). Pub. L. 117–328, § 2211(3)(C)(i)(II), inserted “that is deidentified, as applicable,” after “analyses” and “in accordance with applicable Federal and State privacy and security law” after “agencies”.

Subsec. (c)(5)(A)(vi). Pub. L. 117–328, § 2211(3)(C)(i)(III)–(V), added cl. (vi).

Subsec. (c)(5)(B)(i). Pub. L. 117–328, § 2211(3)(C)(ii)(I), inserted “and 180 days after December 29, 2022,” after “June 24, 2019,”.

Subsec. (c)(5)(B)(ii). Pub. L. 117–328, § 2211(3)(C)(ii)(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”.

Subsec. (c)(5)(B)(iii)(IV). Pub. L. 117–328, § 2211(3)(C)(ii)(III)(aa), inserted “, including existing public health data systems” after “interoperability”.

Subsec. (c)(5)(B)(iii)(VII) to (IX). Pub. L. 117–328, § 2211(3)(C)(ii)(III)(bb)–(dd), added subcls. (VII) to (IX).

Subsec. (c)(6)(A). Pub. L. 117–328, § 2211(3)(D)(i), inserted “and every 5 years thereafter,” after “June 24, 2019,” in introductory provisions.

Subsec. (c)(6)(A)(iii)(V), (VI). Pub. L. 117–328, § 2211(3)(D)(ii), added subcls. (V) and (VI).

Subsec. (c)(6)(A)(v). Pub. L. 117–328, § 2211(3)(D)(iv), substituted “, including a description of how such steps will further the goals of the network, consistent with paragraph (1); and” for period at end.

Subsec. (c)(6)(A)(vi). Pub. L. 117–328, § 2211(3)(D)(iii), (v), added cl. (vi).

Subsec. (c)(9). Pub. L. 117–328, § 2211(3)(E), added par. (9).

Subsec. (d)(2)(A). Pub. L. 117–328, § 2211(4)(A)(i), inserted “deidentified” before “data, information” and “, in consultation with such State or consortium of States” after “require”.

Subsec. (d)(2)(C). Pub. L. 117–328, § 2211(4)(A)(ii), inserted “, including any public-private partnerships or other partnerships entered into to improve such capacity” after “emergencies”.

Subsec. (d)(6). Pub. L. 117–328, § 2211(4)(B), added par. (6).

Subsecs. (e) to (g). Pub. L. 117–328, § 2211(5), (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.

Subsec. (h). Pub. L. 117–328, § 2211(7), 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).

Subsecs. (i), (j). Pub. L. 117–328, § 2211(6), redesignated subsecs. (i) and (j) as (h) and (i), respectively.

2019—Pub. L. 116–22, § 205(a)(1), substituted “Facilities and capacities of” for “Revitalizing” in section catchline.

Subsec. (a). Pub. L. 116–22, § 205(a)(2)(A), substituted “In general” for “Facilities; capacities” in heading.

Subsec. (a)(1). Pub. L. 116–22, § 205(a)(2)(B), substituted “, improved, and appropriately maintained” for “and improved”.

Subsec. (a)(3). Pub. L. 116–22, § 205(a)(2)(C), substituted “expand, improve, enhance, and appropriately maintain” for “expand, enhance, and improve” in introductory provisions.

Subsec. (a)(4). Pub. L. 116–22, § 205(a)(2)(D), added par. (4).

Subsec. (b). Pub. L. 116–22, § 205(a)(3)(A), substituted “Establishment of systems of public health” for “National” in heading.

Subsec. (b)(1)(B). Pub. L. 116–22, § 205(a)(3)(B), inserted “immunization information systems,” after “centers,”.

Subsec. (b)(2). Pub. L. 116–22, § 205(a)(3)(C), 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”.

Subsec. (b)(3). Pub. L. 116–22, § 205(a)(3)(D), amended par. (3) generally. Prior to amendment, text read as follows: “Not later than one year after June 12, 2002, 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.”

Subsec. (c)(1). Pub. L. 116–22, § 205(a)(4)(A), substituted “The Secretary” for “Not later than 2 years after March 13, 2013, 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”.

Subsec. (c)(2). Pub. L. 116–22, § 205(a)(4)(B), amended par. (2) generally. Prior to amendment, par. (2) related to a coordinated strategy and an accompanying implementation plan.

Subsec. (c)(3). Pub. L. 116–22, § 205(a)(4)(C), 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).

Subsec. (c)(5)(A). Pub. L. 116–22, § 205(a)(4)(D)(i), (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.

Subsec. (c)(5)(A)(i). Pub. L. 116–22, § 205(a)(4)(D)(iv)(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”.

Subsec. (c)(5)(A)(v). Pub. L. 116–22, § 205(a)(4)(D)(iv)(II)–(IV), added cl. (v).

Subsec. (c)(5)(B). Pub. L. 116–22, § 205(a)(4)(D)(iii), added subpar. (B). Former subpar. (B) redesignated cl. (ii) of subpar. (A).

Subsec. (c)(6). Pub. L. 116–22, § 205(a)(4)(F), added par. (6). Former par. (6) redesignated (7).

Subsec. (c)(7). Pub. L. 116–22, § 205(a)(4)(E), redesignated par. (6) as (7).

Subsec. (c)(7)(A). Pub. L. 116–22, § 205(a)(4)(G)(i), inserted “(taking into account zoonotic disease, including gaps in scientific understanding of the interactions between human, animal, and environmental health)” after “human health”.

Subsec. (c)(7)(B). Pub. L. 116–22, § 205(a)(4)(G)(ii), inserted “and gaps in surveillance programs” after “surveillance programs” and substituted “zoonotic;” for “zoonotic; and”.

Subsec. (c)(7)(C). Pub. L. 116–22, § 205(a)(4)(G)(iii), inserted “, animal health organizations related to zoonotic disease,” after “health care entities” and substituted “activities; and” for “activities.”

Subsec. (c)(7)(D). Pub. L. 116–22, § 205(a)(4)(G)(iv), added subpar. (D).

Subsec. (c)(8). Pub. L. 116–22, § 205(a)(4)(H), added par. (8).

Subsec. (d)(1). Pub. L. 116–22, § 205(a)(5)(A), inserted “environmental health agencies,” after “public health agencies,” and “immunization programs,” after “poison control centers,”.

Subsec. (d)(2)(D). Pub. L. 116–22, § 205(a)(5)(B), added subpar. (D).

Subsec. (d)(5). Pub. L. 116–22, § 205(a)(5)(C), 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 Mar. 13, 2013.

Subsecs. (f) to (h). Pub. L. 116–22, § 205(a)(7), added subsecs. (f) to (h). Former subsecs. (f) and (g) redesignated (i) and (j), respectively.

Subsec. (i). Pub. L. 116–22, § 205(a)(6), (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”.

Subsec. (j). Pub. L. 116–22, § 205(a)(6), redesignated subsec. (g) as (j).

2013—Subsec. (b)(1)(B). Pub. L. 113–5, § 204(a)(1)(A), inserted “poison control centers,” after “hospitals,”.

Subsec. (b)(2). Pub. L. 113–5, § 204(a)(1)(B), 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.

Subsec. (b)(3). Pub. L. 113–5, § 204(a)(1)(C), inserted “and update such standards as necessary” before period at end.

Subsec. (c). Pub. L. 113–5, § 204(a)(4)(A), 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.

Subsec. (c)(1). Pub. L. 113–5, § 204(a)(4)(B), substituted “March 13, 2013” for “December 19, 2006” and inserted “, novel emerging threats,” after “disease outbreaks”.

Subsec. (c)(2). Pub. L. 113–5, § 204(a)(4)(C), added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “Not later than 180 days after December 19, 2006, 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).”

Subsec. (c)(3)(D). Pub. L. 113–5, § 204(a)(4)(D), inserted “community health centers, health centers” after “of poison control,”.

Subsec. (c)(5)(A). Pub. L. 113–5, § 204(a)(4)(E), 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;”.

Subsec. (c)(6). Pub. L. 113–5, § 204(a)(4)(F), added par. (6).

Subsec. (d). Pub. L. 113–5, § 204(a)(3), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c).

Subsec. (d)(1), (4)(B). Pub. L. 113–5, § 204(a)(5)(A), (B), substituted “subsection (c)” for “subsection (d)”.

Subsec. (d)(5). Pub. L. 113–5, § 204(a)(5)(C), substituted “3 years after March 13, 2013” for “4 years after December 19, 2006” and “subsection (c)” for “subsection (d)”.

Subsec. (e). Pub. L. 113–5, § 204(a)(3), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d).

Subsec. (f). Pub. L. 113–5, § 204(a)(3), (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).

Subsec. (g). Pub. L. 113–5, § 204(a)(7), added subsec. (g). Former subsec. (g) redesignated (f).

2006—Subsec. (a)(1). Pub. L. 109–417, § 202(1), inserted “domestically and abroad” after “public health threats”.

Subsec. (a)(3). Pub. L. 109–417, § 204(b)(2), struck out “, taking into account evaluations under section 247d–2(a) of this title,” after “The Secretary” in introductory provisions.

Subsecs. (d) to (g). Pub. L. 109–417, § 202(2), added subsecs. (d) to (g).

2002—Pub. L. 107–188 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 II, Jan. 17, 2014, 128 Stat. 368, provided in part: “That to facilitate the implementation of the permanent Working Capital Fund (‘WCF’) authorized under this heading [cdc-wide activities and program support] in division F of Public Law 112–74 [see note below], on or after enactment of this Act [Jan. 17, 2014], unobligated balances of amounts appropriated for business services for fiscal year 2013 shall be transferred to the WCF: Provided further, That on or after enactment of this Act, CDC shall transfer amounts available for business services to other CDC appropriations consistent with the benefit each appropriation received from the business services appropriation in fiscal year 2013: Provided further, That once the WCF is implemented in fiscal year 2014, assets purchased in any prior fiscal year with funds appropriated for or reimbursed to business services may be transferred to the WCF and customers billed for depreciation of those assets: Provided further, That CDC shall, consistent with the authorities provided in 42 U.S.C. 231, ensure that the WCF is used only for administrative support services and not for programmatic activities: Provided further, That CDC shall notify the Committees on Appropriations of the House of Representatives and the Senate not later than 15 days prior to any transfers made with funds provided under this heading.”

Similar provisions were contained in the following prior appropriation act:

Pub. L. 113–6, div. F, title V, § 1507, Mar. 26, 2013, 127 Stat. 423.

Pub. L. 112–74, div. F, title II, Dec. 23, 2011, 125 Stat. 1070, provided in part: “That CDC [Centers for Disease Control and Prevention] may establish a Working Capital Fund, with the authorities equivalent to those provided in 42 U.S.C. 231, to improve the provision of supplies and service.”