---
kind: "section"
citation: "42 U.S.C. § 300jj–12"
title: "42"
title_heading: "The Public Health and Welfare"
number: "300jj–12"
heading: "Health Information Technology Advisory Committee"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/300jj-12"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter XXVIII — Health Information Technology and Quality"
  - "Part A — Promotion of Health Information Technology"
---

# §300jj–12. Health Information Technology Advisory Committee

- (a) **Establishment—** There is established a [Health Information Technology](/usc/42/300jj.md?p=5) [Advisory Committee](/usc/42/17061.md?p=2) (referred to in this section as the “[HIT Advisory Committee](/usc/42/300jj.md?p=7)”) to recommend to the [National Coordinator](/usc/42/300jj.md?p=11), consistent with the implementation of the strategic plan described in [section 300jj–11(c)(3) of this title](/usc/42/300jj–11.md?p=c-3), policies, and, for purposes of adoption under [section 300jj–14 of this title](/usc/42/300jj–14.md), standards, implementation specifications, and certification criteria, relating to the implementation of a [health information technology](/usc/42/300jj.md?p=5) infrastructure, nationally and locally, that advances the electronic access, [exchange](/usc/42/300gg–91.md?p=d-21), and use of [health information](/usc/42/300jj.md?p=4). Such Committee shall serve to unify the roles of, and replace, the HIT Policy Committee and the HIT Standards Committee, as in existence before December 13, 2016.
- (b) **Duties—**
  - (1) **Recommendations on policy framework to advance an interoperable health information technology infrastructure—**
    - (A) **In general—** The [HIT Advisory Committee](/usc/42/300jj.md?p=7) shall recommend to the [National Coordinator](/usc/42/300jj.md?p=11) a policy framework for adoption by the [Secretary](/usc/42/201.md?p=c) consistent with the strategic plan under [section 300jj–11(c)(3) of this title](/usc/42/300jj–11.md?p=c-3) for advancing the target areas described in this subsection. Such policy framework shall seek to prioritize achieving advancements in the target areas specified in [subparagraph (B)](#b-2-B) of paragraph (2) and may, to the extent consistent with this section, incorporate policy recommendations made by the HIT Policy Committee, as in existence before December 13, 2016.
    - (B) **Updates—** The [HIT Advisory Committee](/usc/42/300jj.md?p=7) shall propose updates to such recommendations to the policy framework and make new recommendations, as appropriate.
  - (2) **General duties and target areas—**
    - (A) **In general—** The [HIT Advisory Committee](/usc/42/300jj.md?p=7) shall recommend to the [National Coordinator](/usc/42/300jj.md?p=11) for purposes of adoption under [section 300jj–14 of this title](/usc/42/300jj–14.md), standards, implementation specifications, and certification criteria and an order of priority for the development, harmonization, and recognition of such standards, specifications, and certification criteria. Such recommendations shall include recommended standards, architectures, and software schemes for access to electronic [individually identifiable health information](/usc/42/300jj.md?p=8) across disparate systems including user vetting, authentication, privilege management, and access control.
    - (B) **Priority target areas—** For purposes of this section, the [HIT Advisory Committee](/usc/42/300jj.md?p=7) shall make recommendations under [subparagraph (A)](#b-2-A) with respect to at least each of the following target areas:
      - (i) Achieving a [health information technology](/usc/42/300jj.md?p=5) infrastructure, nationally and locally, that allows for the electronic access, [exchange](/usc/42/300gg–91.md?p=d-21), and use of [health information](/usc/42/300jj.md?p=4), including through technology that provides accurate patient information for the correct patient, including exchanging such information, and avoids the duplication of patient records.
      - (ii) The promotion and protection of privacy and security of [health information](/usc/42/300jj.md?p=4) in [health information technology](/usc/42/300jj.md?p=5), including technologies that allow for an accounting of disclosures and protections against disclosures of [individually identifiable health information](/usc/42/300jj.md?p=8) made by a covered entity for purposes of [treatment](/usc/42/11851.md?p=11), payment, and health care operations (as such terms are defined for purposes of the regulation promulgated under [section 264(c)](/usc/42/264.md?p=c) of the Health Insurance Portability and Accountability Act of 1996), including for the segmentation and protection from disclosure of specific and sensitive [individually identifiable health information](/usc/42/300jj.md?p=8) with the goal of minimizing the reluctance of patients to seek care.
      - (iii) The facilitation of secure access by an individual to such individual’s protected [health information](/usc/42/300jj.md?p=4) and access to such information by a [family member](/usc/42/300gg–91.md?p=d-15), caregiver, or guardian acting on behalf of a patient, including due to age-related and other disability, cognitive impairment, or dementia.
      - (iv) Subject to [subparagraph (D)](#b-2-D), any other target area that the [HIT Advisory Committee](/usc/42/300jj.md?p=7) identifies as an appropriate target area to be considered under this subparagraph.
    - (C) **Additional target areas—** For purposes of this section, the [HIT Advisory Committee](/usc/42/300jj.md?p=7) may make recommendations under [subparagraph (A)](#b-2-A), in addition to areas described in [subparagraph (B)](#b-2-B), with respect to any of the following areas:
      - (i) The use of [health information technology](/usc/42/300jj.md?p=5) to improve the quality of health care, such as by promoting the coordination of health care and improving continuity of health care among [health care providers](/usc/42/300jj.md?p=3), reducing medical errors, improving population health, reducing chronic disease, and advancing research and education.
      - (ii) The use of technologies that address the needs of children and other vulnerable populations.
      - (iii) The use of electronic systems to ensure the comprehensive collection of patient demographic data, including at a minimum, race, ethnicity, primary language, and gender information.
      - (iv) The use of self-[service](/usc/42/201.md?p=a), telemedicine, home health care, and remote monitoring technologies.
      - (v) The use of technologies that meet the needs of diverse populations.
      - (vi) The use of technologies that support—
        - (I) data for use in quality and public reporting [programs](/usc/42/274l–1.md?p=4);
        - (II) public health; or
        - (III) [drug](/usc/42/11851.md?p=4) safety.
      - (vii) The use of technologies that allow [individually identifiable health information](/usc/42/300jj.md?p=8) to be rendered unusable, unreadable, or indecipherable to unauthorized individuals when such information is transmitted in a [health information](/usc/42/300jj.md?p=4) network or transported outside of the secure facilities or systems where the disclosing covered entity is responsible for security conditions.
      - (viii) The use of a certified [health information technology](/usc/42/300jj.md?p=5) for each individual in the United States.
    - (D) **Authority for temporary additional priority target areas—** For purposes of [subparagraph (B)(iv)](#b-2-B-iv), the [HIT Advisory Committee](/usc/42/300jj.md?p=7) may identify an area to be considered for purposes of recommendations under this subsection as a target area described in [subparagraph (B)](#b-2-B) if—
      - (i) the area is so identified for purposes of responding to new circumstances that have arisen in the [health information technology](/usc/42/300jj.md?p=5) community that affect the [interoperability](/usc/42/300jj.md?p=9), privacy, or security of [health information](/usc/42/300jj.md?p=4), or affect patient safety; and
      - (ii) at least 30 days prior to treating such area as if it were a target area described in [subparagraph (B)](#b-2-B), the [National Coordinator](/usc/42/300jj.md?p=11) provides adequate notice to Congress of the intent to treat such area as so described.
    - (E) **Focus of committee work—** It is the sense of Congress that the [HIT Advisory Committee](/usc/42/300jj.md?p=7) shall focus its work on the priority areas described in [subparagraph (B)](#b-2-B) before proceeding to other work under [subparagraph (C)](#b-2-C).
  - (3) **Rules relating to recommendations for standards, implementation specifications, and certification criteria—**
    - (A) **In general—** The [HIT Advisory Committee](/usc/42/300jj.md?p=7) shall recommend to the [National Coordinator](/usc/42/300jj.md?p=11) standards, implementation specifications, and certification criteria described in [subsection (a)](#a), which may include standards, implementation specifications, and certification criteria that have been developed, harmonized, or recognized by the [HIT Advisory Committee](/usc/42/300jj.md?p=7) or predecessor committee. The [HIT Advisory Committee](/usc/42/300jj.md?p=7) shall update such recommendations and make new recommendations as appropriate, including in response to a notification sent under [section 300jj–14(a)(2)(B) of this title](/usc/42/300jj–14.md?p=a-2-B). Such recommendations shall be consistent with the latest recommendations made by the Committee.
    - (B) **Harmonization—** The [HIT Advisory Committee](/usc/42/300jj.md?p=7) may recognize harmonized or updated standards from an entity or entities for the purpose of harmonizing or updating standards and implementation specifications in order to achieve uniform and consistent implementation of the standards and implementation specification.
    - (C) **Pilot testing of standards and implementation specifications—** In the development, harmonization, or recognition of standards and implementation specifications, the [HIT Advisory Committee](/usc/42/300jj.md?p=7) for purposes of recommendations under [paragraph (2)(B)](#b-2-B), shall, as appropriate, provide for the testing of such standards and specifications by the National Institute for Standards and Technology under [section 17911(a) of this title](/usc/42/17911.md?p=a).
    - (D) **Consistency—** The standards, implementation specifications, and certification criteria recommended under [paragraph (2)(B)](#b-2-B) shall be consistent with the standards for information transactions and data elements adopted pursuant to [section 1320d–2 of this title](/usc/42/1320d–2.md).
    - (E) **Special rule related to interoperability—** Any recommendation made by the [HIT Advisory Committee](/usc/42/300jj.md?p=7) after December 13, 2016, with respect to [interoperability](/usc/42/300jj.md?p=9) of [health information technology](/usc/42/300jj.md?p=5) shall be consistent with [interoperability](/usc/42/300jj.md?p=9) as described in [section 300jj of this title](/usc/42/300jj.md).
  - (4) **Forum—** The [HIT Advisory Committee](/usc/42/300jj.md?p=7) shall serve as a forum for the participation of a broad range of stakeholders with specific expertise in policies, including technical expertise, relating to the matters described in paragraphs [(1)](#b-1), [(2)](#b-2), and [(3)](#b-3) to provide input on the development, harmonization, and recognition of standards, implementation specifications, and certification criteria necessary for the development and adoption of [health information technology](/usc/42/300jj.md?p=5) infrastructure nationally and locally that allows for the electronic access, [exchange](/usc/42/300gg–91.md?p=d-21), and use of [health information](/usc/42/300jj.md?p=4).
  - (5) **Schedule—** Not later than 30 days after the date on which the [HIT Advisory Committee](/usc/42/300jj.md?p=7) first meets, such [HIT Advisory Committee](/usc/42/300jj.md?p=7) shall develop a schedule for the assessment of policy recommendations developed under [paragraph (1)](#b-1). The [HIT Advisory Committee](/usc/42/300jj.md?p=7) shall update such schedule annually. The [Secretary](/usc/42/201.md?p=c) shall publish such schedule in the Federal Register.
  - (6) **Public input—** The [HIT Advisory Committee](/usc/42/300jj.md?p=7) shall conduct open public meetings and develop a process to allow for public comment on the schedule described in [paragraph (5)](#b-5) and recommendations described in this subsection. Under such process comments shall be submitted in a timely manner after the date of publication of a recommendation under this subsection.
- (c) **Measured progress in advancing priority areas—**
  - (1) **In general—** For purposes of this section, the [National Coordinator](/usc/42/300jj.md?p=11), in collaboration with the [Secretary](/usc/42/201.md?p=c), shall establish, and update as appropriate, objectives and benchmarks for advancing and measuring the advancement of the priority target areas described in [subsection (b)(2)(B)](#b-2-B).
  - (2) **Annual progress reports on advancing interoperability—**
    - (A) **In general—** The [HIT Advisory Committee](/usc/42/300jj.md?p=7), in consultation with the [National Coordinator](/usc/42/300jj.md?p=11), shall annually submit to the [Secretary](/usc/42/201.md?p=c) and Congress a report on the progress made during the preceding fiscal year in—
      - (i) achieving a [health information technology](/usc/42/300jj.md?p=5) infrastructure, nationally and locally, that allows for the electronic access, [exchange](/usc/42/300gg–91.md?p=d-21), and use of [health information](/usc/42/300jj.md?p=4); and
      - (ii) meeting the objectives and benchmarks described in [paragraph (1)](#c-1).
    - (B) **Content—** Each such report shall include, for a fiscal year—
      - (i) a description of the work conducted by the [HIT Advisory Committee](/usc/42/300jj.md?p=7) during the preceding fiscal year with respect to the areas described in [subsection (b)(2)(B)](#b-2-B);
      - (ii) an assessment of the status of the infrastructure described in [subparagraph (A)](#c-2-A), including the extent to which electronic [health information](/usc/42/300jj.md?p=4) is appropriately and readily available to enhance the access, [exchange](/usc/42/300gg–91.md?p=d-21), and the use of electronic [health information](/usc/42/300jj.md?p=4) between users and across technology offered by different developers;
      - (iii) the extent to which advancements have been achieved with respect to areas described in [subsection (b)(2)(B)](#b-2-B);
      - (iv) an analysis identifying existing gaps in policies and resources for—
        - (I) achieving the objectives and benchmarks established under [paragraph (1)](#c-1); and
        - (II) furthering [interoperability](/usc/42/300jj.md?p=9) throughout the [health information technology](/usc/42/300jj.md?p=5) infrastructure;
      - (v) recommendations for addressing the gaps identified in [clause (iii)](#c-2-B-iii); and
      - (vi) a description of additional initiatives as the [HIT Advisory Committee](/usc/42/300jj.md?p=7) and [National Coordinator](/usc/42/300jj.md?p=11) determine appropriate.
  - (3) **Significant advancement determination—** The [Secretary](/usc/42/201.md?p=c) shall periodically, based on the reports submitted under this subsection, review the target areas described in [subsection (b)(2)(B)](#b-2-B), and, based on the objectives and benchmarks established under [paragraph (1)](#c-1), the [Secretary](/usc/42/201.md?p=c) shall determine if significant advancement has been achieved with respect to such an area. Such determination shall be taken into consideration by the [HIT Advisory Committee](/usc/42/300jj.md?p=7) when determining to what extent the Committee makes recommendations for an area other than an area described in [subsection (b)(2)(B)](#b-2-B).
- (d) **Membership and operations—**
  - (1) **In general—** The [National Coordinator](/usc/42/300jj.md?p=11) shall take a leading position in the establishment and operations of the [HIT Advisory Committee](/usc/42/300jj.md?p=7).
  - (2) **Membership—** The membership of the [HIT Advisory Committee](/usc/42/300jj.md?p=7) shall—
    - (A) include at least 25 members, of which—
      - (i) no fewer than 2 members are advocates for patients or consumers of [health information technology](/usc/42/300jj.md?p=5);
      - (ii) 3 members are appointed by the [Secretary](/usc/42/201.md?p=c), 1 of whom shall be appointed to represent the Department of Health and Human [Services](/usc/42/201.md?p=a) and 1 of whom shall be a public health official;
      - (iii) 2 members are appointed by the majority leader of the Senate;
      - (iv) 2 members are appointed by the minority leader of the Senate;
      - (v) 2 members are appointed by the Speaker of the House of Representatives;
      - (vi) 2 members are appointed by the minority leader of the House of Representatives; and
      - (vii) such other members are appointed by the [Comptroller General](/usc/42/300x–64.md?p=b-1) of the United States; and
    - (B) at least reflect [providers](/usc/42/299b–21.md?p=8), ancillary health care workers, consumers, purchasers, [health plans](/usc/42/300jj.md?p=6), [health information technology](/usc/42/300jj.md?p=5) developers, researchers, patients, relevant Federal [agencies](/usc/42/8262.md?p=1), and individuals with technical expertise on health care quality, system functions, privacy, security, and on the electronic [exchange](/usc/42/300gg–91.md?p=d-21) and use of [health information](/usc/42/300jj.md?p=4), including the use standards for such activity.
  - (3) **Participation—** The members of the [HIT Advisory Committee](/usc/42/300jj.md?p=7) shall represent a balance among various sectors of the health care system so that no single sector unduly influences the recommendations of the Committee.
  - (4) **Terms—**
    - (A) **In general—** The terms of the members of the [HIT Advisory Committee](/usc/42/300jj.md?p=7) shall be for 3 years, except that the [Secretary](/usc/42/201.md?p=c) shall designate staggered terms of the members first appointed.
    - (B) **Vacancies—** Any member appointed to fill a vacancy in the membership of the [HIT Advisory Committee](/usc/42/300jj.md?p=7) that occurs prior to the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member’s term until a successor has been appointed. A vacancy in the [HIT Advisory Committee](/usc/42/300jj.md?p=7) shall be filled in the manner in which the original appointment was made.
    - (C) **Limits—** Members of the [HIT Advisory Committee](/usc/42/300jj.md?p=7) shall be limited to two 3-year terms, for a total of not to exceed 6 years of [service](/usc/42/201.md?p=a) on the Committee.
  - (5) **Outside involvement—** The [HIT Advisory Committee](/usc/42/300jj.md?p=7) shall ensure an opportunity for the participation in activities of the Committee of outside advisors, including individuals with expertise in the development of policies and standards for the electronic [exchange](/usc/42/300gg–91.md?p=d-21) and use of [health information](/usc/42/300jj.md?p=4), including in the areas of [health information](/usc/42/300jj.md?p=4) privacy and security.
  - (6) **Quorum—** A majority of the members of the [HIT Advisory Committee](/usc/42/300jj.md?p=7) shall constitute a quorum for purposes of voting, but a lesser number of members may meet and hold hearings.
  - (7) **Consideration—** The [National Coordinator](/usc/42/300jj.md?p=11) shall ensure that the relevant and available recommendations and comments from the National Committee on Vital and Health Statistics are considered in the development of policies.
  - (8) **Assistance—** For the purposes of carrying out this section, the [Secretary](/usc/42/201.md?p=c) may provide or ensure that financial assistance is provided by the [HIT Advisory Committee](/usc/42/300jj.md?p=7) to defray in whole or in part any membership fees or dues charged by such Committee to those consumer advocacy groups and not-for-profit entities that work in the public interest as a party of their mission.
- (e) **Application of chapter 10 of title 5—** [Chapter 10](/usc/5/chptI-ch10.md) of title 5, other than [section 1013 of title 5](/usc/5/1013.md), shall apply to the [HIT Advisory Committee](/usc/42/300jj.md?p=7).
- (f) **Publication—** The [Secretary](/usc/42/201.md?p=c) shall provide for publication in the Federal Register and the posting on the Internet website of the Office of the [National Coordinator](/usc/42/300jj.md?p=11) for [Health Information Technology](/usc/42/300jj.md?p=5) of all policy recommendations made by the [HIT Advisory Committee](/usc/42/300jj.md?p=7) under this section.

## Source credit

(July 1, 1944, ch. 373, title XXX, § 3002, as added Pub. L. 114–255, div. A, title IV, § 4003(e)(1), Dec. 13, 2016, 130 Stat. 1168; amended Pub. L. 117–286, § 4(a)(246), Dec. 27, 2022, 136 Stat. 4332.)

## Notes

### Editorial Notes

### References in Text

Section 264(c) of the Health Insurance Portability and Accountability Act of 1996, referred to in subsec. (b)(2)(B)(ii), is section 264(c) of Pub. L. 104–191, which is set out as a note under section 1320d–2 of this title.

### Prior Provisions

A prior section 300jj–12, act July 1, 1944, ch. 373, title XXX, § 3002, as added Pub. L. 111–5, div. A, title XIII, § 13101, Feb. 17, 2009, 123 Stat. 234, related to the establishment, duties, and membership of the HIT Policy Committee, prior to repeal by Pub. L. 114–255, div. A, title IV, § 4003(e)(1), Dec. 13, 2016, 130 Stat. 1168.

### Amendments

2022—Subsec. (e). Pub. L. 117–286 substituted “chapter 10 of title 5” for “FACA” in heading and “Chapter 10 of title 5, other than section 1013 of title 5,” for “The Federal Advisory Committee Act (5 U.S.C. App.), other than section 14 of such Act,” in text.

### Statutory Notes and Related Subsidiaries

### Transition to the HIT Advisory Committee

Pub. L. 114–255, div. A, title IV, § 4003(e)(3), Dec. 13, 2016, 130 Stat. 1175, provided that: “The Secretary of Health and Human Services shall provide for an orderly and timely transition to the HIT Advisory Committee established under amendments made by this section [enacting this section and section 300jj–13 of this title, amending sections 300jj, 300jj–11, 300jj–14, 300jj–17, 300jj–18, and 300jj–51 of this title, and repealing former sections 300jj–12 and 300jj–13 of this title].”