Pandemic Darlings The pandemic economy, in original documents
Home Source documents H.R. 778, Secure Data and Privacy for Contact Tracing Act of 2021

H.R. 778, Secure Data and Privacy for Contact Tracing Act of 2021

Summary

H.R. 778, the Secure Data and Privacy for Contact Tracing Act of 2021, introduced in the House of Representatives on February 3, 2021 by Ms. Speier and other members. The bill's stated purpose is to authorize the Director of the Centers for Disease Control and Prevention to award grants to eligible State, Tribal, and territorial public health agencies to develop and administer a program for digital contact tracing for COVID–19. Funds may be used for development, maintenance, or staffing of digital contact tracing programs and associated outreach. The bill authorizes $75,000,000, to remain available until expended.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Issuer
Congressional materials
Document type
Bills Bills 117Hr778Ih Bills 117Hr778Ih
Case
Bills Bills 117Hr778Ih Bills 117Hr778Ih

Cite this document

“H.R. 778, Secure Data and Privacy for Contact Tracing Act of 2021.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117hr778ih-bills-117hr778ih/, SHA-256 2c88e6b1b49b513d83e5c8f69eb171e0fb8a10d60f20e06a33cfc6cf779d9eee.

Full text

                                                                                                                                                                        I




                                                                       117TH CONGRESS
                                                                          1ST SESSION
                                                                                                               H. R. 778
                                                                       To authorize the Director of the Centers for Disease Control and Prevention
                                                                           to award grants to eligible State, Tribal, and territorial public health
                                                                           agencies to develop and administer a program for digital contact tracing
                                                                           for COVID–19, and for other purposes.




                                                                                     IN THE HOUSE OF REPRESENTATIVES
                                                                                                   FEBRUARY 3, 2021
                                                                       Ms. SPEIER (for herself, Ms. DEGETTE, Mrs. DINGELL, Mr. CARSON, Mr.
                                                                           JONES, Mr. LYNCH, Mr. RASKIN, and Mr. TAKANO) introduced the fol-
                                                                           lowing bill; which was referred to the Committee on Energy and Com-
                                                                           merce




                                                                                                                 A BILL
                                                                       To authorize the Director of the Centers for Disease Control
                                                                          and Prevention to award grants to eligible State, Tribal,
                                                                          and territorial public health agencies to develop and ad-
                                                                          minister a program for digital contact tracing for
                                                                          COVID–19, and for other purposes.

                                                                         1              Be it enacted by the Senate and House of Representa-
                                                                         2 tives of the United States of America in Congress assembled,
                                                                         3     SECTION 1. SHORT TITLE.

                                                                         4              This Act may be cited as the ‘‘Secure Data and Pri-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                         5 vacy for Contact Tracing Act of 2021’’.




                                        VerDate Sep 11 2014   20:40 Feb 23, 2021   Jkt 019200   PO 00000   Frm 00001   Fmt 6652   Sfmt 6201   E:\BILLS\H778.IH   H778
                                                                                                                                  2
                                                                         1     SEC. 2. GRANT PROGRAM FOR DIGITAL CONTACT TRACING

                                                                         2                             FOR COVID–19.

                                                                         3              (a) IN GENERAL.—The Director of the Centers for
                                                                         4 Disease Control and Prevention shall award grants to eli-
                                                                         5 gible State, Tribal, and territorial public health agencies
                                                                         6 to—
                                                                         7                        (1) establish a contact tracing program that im-
                                                                         8              plements traditional contact tracing protocols with
                                                                         9              the assistance of digital contact-tracing technology
                                                                       10               to track and prevent the spread of COVID–19;
                                                                       11                         (2) incorporate digital contact-tracing tech-
                                                                       12               nology into a contact tracing program that imple-
                                                                       13               ments traditional contact tracing protocols to track
                                                                       14               and prevent the spread of COVID–19; and
                                                                       15                         (3) expand or maintain an existing program as
                                                                       16               described in paragraph (1).
                                                                       17               (b) USE OF FUNDS.—
                                                                       18                         (1) IN GENERAL.—Funds received through a
                                                                       19               grant under this section may be used for—
                                                                       20                                  (A) the development, maintenance, or
                                                                       21                         staffing of digital contact tracing programs;
                                                                       22                                  (B) associated outreach and marketing; or
                                                                       23                                  (C) other activities identified by the State,
                                                                       24                         Tribal, or territorial public health agency re-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       25                         ceiving the grant as advancing the effectiveness


                                                                                   •HR 778 IH

                                        VerDate Sep 11 2014   20:40 Feb 23, 2021   Jkt 019200   PO 00000   Frm 00002   Fmt 6652   Sfmt 6201   E:\BILLS\H778.IH   H778
                                                                                                                                  3
                                                                         1                        and reach of digital contact-tracing tech-
                                                                         2                        nologies.
                                                                         3                        (2) EDUCATION AND OUTREACH.—Of the funds
                                                                         4              received by a State, Tribal, or territorial public
                                                                         5              health agency through a grant under this section,
                                                                         6              the agency may use not more than 10 percent of
                                                                         7              such funds to integrate education and outreach re-
                                                                         8              lated to vaccines for COVID–19 into digital contact-
                                                                         9              tracing programs.
                                                                       10               (c) FUNDING DISQUALIFICATION.—If a State, Trib-
                                                                       11 al, or territorial public health agency develops or procures
                                                                       12 any digital contact-tracing technology with respect to
                                                                       13 COVID–19 that does not meet each of the requirements
                                                                       14 listed in subsection (d), such State, Tribal, or territorial
                                                                       15 public health agency shall be ineligible to receive or con-
                                                                       16 tinue to receive—
                                                                       17                         (1) any funds through a grant under this sec-
                                                                       18               tion; and
                                                                       19                         (2) any other Federal funds, including under
                                                                       20               the CARES Act (Public Law 116–136), for any dig-
                                                                       21               ital contact-tracing technology with respect to
                                                                       22               COVID–19.
                                                                       23               (d) DIGITAL CONTACT-TRACING REQUIREMENTS.—




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24 A State, Tribal, or territorial public health agency may
                                                                       25 use a grant under this section for digital contact-tracing


                                                                                   •HR 778 IH

                                        VerDate Sep 11 2014   20:40 Feb 23, 2021   Jkt 019200   PO 00000   Frm 00003   Fmt 6652   Sfmt 6201   E:\BILLS\H778.IH   H778
                                                                                                                                  4
                                                                         1 technology, as described in subsections (a) and (b), only
                                                                         2 if the technology meets each of the following requirements:
                                                                         3                        (1) The technology shall be voluntary for the
                                                                         4              user and provide to the user complete and clear in-
                                                                         5              formation on the intended use and processing of
                                                                         6              data collected by the technology. To be voluntary for
                                                                         7              the user, the technology shall meet requirements in-
                                                                         8              cluding each of the following:
                                                                         9                                 (A) Use of the technology and of contact-
                                                                       10                         tracing data collected using the technology shall
                                                                       11                         be predicated on the user’s affirmative express
                                                                       12                         consent.
                                                                       13                                  (B) Use of the technology shall not be a
                                                                       14                         condition for the reception of government bene-
                                                                       15                         fits.
                                                                       16                                  (C) Use of the technology shall not be
                                                                       17                         made a condition of employment or employment
                                                                       18                         status.
                                                                       19                         (2) The technology shall limit the collection of
                                                                       20               data by the technology to only the data that is nec-
                                                                       21               essary to meet contact tracing objectives, includ-
                                                                       22               ing—
                                                                       23                                  (A) the status of any person as an infected




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                         or potentially infected person; and




                                                                                   •HR 778 IH

                                        VerDate Sep 11 2014   20:40 Feb 23, 2021   Jkt 019200   PO 00000   Frm 00004   Fmt 6652   Sfmt 6201   E:\BILLS\H778.IH   H778
                                                                                                                                  5
                                                                         1                                 (B) the proximity of a person to someone
                                                                         2                        who is symptomatic or has tested positive.
                                                                         3                        (3) The technology—
                                                                         4                                 (A) shall delete or de-identify any contact-
                                                                         5                        tracing data that is individually identifiable in-
                                                                         6                        formation not later than the date that is 30
                                                                         7                        days after the end of the COVID–19 emergency
                                                                         8                        declaration; and
                                                                         9                                 (B) shall include notifications to prompt
                                                                       10                         users to disable or completely remove any dig-
                                                                       11                         ital contact-tracing technology where practical.
                                                                       12                         (4) The technology shall have robust contact
                                                                       13               detection specifications, including for distance and
                                                                       14               time, that allow for detection consistent with guid-
                                                                       15               ance of the Centers for Disease Control and Preven-
                                                                       16               tion on COVID–19.
                                                                       17                         (5) The technology shall ensure that the storing
                                                                       18               of proximity and any contact-tracing data is
                                                                       19               encrypted to the maximum extent possible.
                                                                       20               (e) PLAN FOR INTEROPERABILITY.—As a condition
                                                                       21 on receipt of a grant under this section, a State, Tribal,
                                                                       22 or territorial public health agency shall—
                                                                       23                         (1) develop and make publicly available a plan




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24               for how the digital contact-tracing technology of the
                                                                       25               agency with respect to COVID–19 augments—


                                                                                   •HR 778 IH

                                        VerDate Sep 11 2014   20:40 Feb 23, 2021   Jkt 019200   PO 00000   Frm 00005   Fmt 6652   Sfmt 6201   E:\BILLS\H778.IH   H778
                                                                                                                                  6
                                                                         1                                 (A) traditional contact tracing efforts, if
                                                                         2                        applicable; and
                                                                         3                                 (B) statewide efforts to prevent, prepare
                                                                         4                        for, and respond to COVID–19; and
                                                                         5                        (2) include in such plan a description of the
                                                                         6              agency’s efforts to ensure that the digital contact-
                                                                         7              tracing technologies of the agency with respect to
                                                                         8              COVID–19 are interoperable with the digital con-
                                                                         9              tact-tracing technology and public health agency
                                                                       10               databases of other jurisdictions with respect to
                                                                       11               COVID–19; and
                                                                       12                         (3) ensure that data collected by the digital
                                                                       13               contact-tracing technology of the agency—
                                                                       14                                  (A) is accessed and processed only by pub-
                                                                       15                         lic health authorities (or their designees); and
                                                                       16                                  (B) is not shared with any person, or
                                                                       17                         accessed or used by any person, for any purpose
                                                                       18                         other than diagnosis, containment, treatment,
                                                                       19                         or reduction of, or research into, COVID–19.
                                                                       20               (f) INDEPENDENT SECURITY ASSESSMENTS.—
                                                                       21                         (1) IN GENERAL.—As a condition on receipt of
                                                                       22               a grant under this section, a State, Tribal, or terri-
                                                                       23               torial public health agency shall—




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  (A) establish procedures for completing or
                                                                       25                         obtaining independent security assessments of


                                                                                   •HR 778 IH

                                        VerDate Sep 11 2014   20:40 Feb 23, 2021   Jkt 019200   PO 00000   Frm 00006   Fmt 6652   Sfmt 6201   E:\BILLS\H778.IH   H778
                                                                                                                                  7
                                                                         1                        digital contact tracing infrastructure to ensure
                                                                         2                        that physical and network security is resilient
                                                                         3                        and secure; and
                                                                         4                                 (B) develop a process to address the miti-
                                                                         5                        gation          or       remediation                 of        the    security
                                                                         6                        vulnerabilities discovered during such inde-
                                                                         7                        pendent security assessments.
                                                                         8                        (2) SOURCE CODE.—A State, Tribal, or terri-
                                                                         9              torial public health agency should consider making
                                                                       10               public the source code of the digital contact-tracing
                                                                       11               technology used by the agency.
                                                                       12               (g) APPLICATION.—To seek a grant under this sec-
                                                                       13 tion, an eligible State, Tribal, or territorial public health
                                                                       14 agency shall submit an application in such form, in such
                                                                       15 manner, and containing such information and assurances
                                                                       16 as the Director may require.
                                                                       17               (h) SECURING DIGITAL CONTACT-TRACING DATA.—
                                                                       18                         (1) IN           GENERAL.—The                       provisions of the
                                                                       19               HIPAA privacy and security law (as defined in sec-
                                                                       20               tion 3009(a)(2) of the Public Health Service Act (42
                                                                       21               U.S.C. 300jj–19(a)(2))) shall apply to a State, Trib-
                                                                       22               al, or territorial public health agency receiving a
                                                                       23               grant under subsection (a) with respect to individ-




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24               ually identifiable health information (as defined in
                                                                       25               section 1171(a)(6) of the Social Security Act (42


                                                                                   •HR 778 IH

                                        VerDate Sep 11 2014   20:40 Feb 23, 2021   Jkt 019200   PO 00000   Frm 00007   Fmt 6652   Sfmt 6201   E:\BILLS\H778.IH   H778
                                                                                                                                  8
                                                                         1              U.S.C. 1320d(a)(6))) received by, maintained on, or
                                                                         2              transmitted through a contact tracing program de-
                                                                         3              scribed in such subsection (a) in the same manner
                                                                         4              as such provisions apply with respect to such infor-
                                                                         5              mation and a covered entity (as defined in section
                                                                         6              13400(3)              of       the        HITECH                Act        (42   U.S.C.
                                                                         7              17921(3))).
                                                                         8                        (2) BUSINESS ASSOCIATES.—
                                                                         9                                 (A) IN GENERAL.—Any entity with a con-
                                                                       10                         tract in effect with an agency described in para-
                                                                       11                         graph (1) for the development, maintenance, or
                                                                       12                         operation of a program described in such para-
                                                                       13                         graph shall be deemed to be a business asso-
                                                                       14                         ciate of such agency for purposes of subtitle D
                                                                       15                         of the HITECH Act (42 U.S.C. 17921 et seq.).
                                                                       16                                  (B) REVISION OF SAMPLE AGREEMENT.—
                                                                       17                         Not later than 180 days after the date of the
                                                                       18                         enactment of this Act, the Secretary of Health
                                                                       19                         and Human Services shall revise the sample
                                                                       20                         business associate agreement provisions pub-
                                                                       21                         lished on January 25, 2013, to take account of
                                                                       22                         the provisions of this subsection.
                                                                       23                                  (C) EFFECTIVE DATE.—The provisions of




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                         subparagraph (A) shall apply beginning on the
                                                                       25                         day after the Secretary of Health and Human


                                                                                   •HR 778 IH

                                        VerDate Sep 11 2014   20:40 Feb 23, 2021   Jkt 019200   PO 00000   Frm 00008   Fmt 6652   Sfmt 6201   E:\BILLS\H778.IH   H778
                                                                                                                                  9
                                                                         1                        Services revises the provisions described in sub-
                                                                         2                        paragraph (B).
                                                                         3              (i) LIMITATION ON USE OF DATA.—Data generated
                                                                         4 in connection with the operation of digital contact-tracing
                                                                         5 technology funded pursuant to this section may not be
                                                                         6 used for any punitive purpose, including law enforcement,
                                                                         7 immigration enforcement, or criminal prosecution. Such
                                                                         8 data and any information derived from it, whether in
                                                                         9 whole or in part, may not be received as evidence in any
                                                                       10 trial, hearing, or other proceeding in or before any court,
                                                                       11 grand jury, department, officer, agency, regulatory body,
                                                                       12 legislative committee, or other authority of the United
                                                                       13 States, a State, or a political subdivision thereof.
                                                                       14               (j) REPORT                TO      CONGRESS.—Not later than 24
                                                                       15 months after the date of enactment of this Act, the Comp-
                                                                       16 troller General of the United States shall—
                                                                       17                         (1) evaluate the outcome of the grants awarded
                                                                       18               under this section, including an assessment of the
                                                                       19               impact of the implementation of digital contact trac-
                                                                       20               ing programs funded through such grants on the
                                                                       21               spread of COVID–19; and
                                                                       22                         (2) submit to the Congress a report on the re-
                                                                       23               sults of such evaluation.




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24               (k) DEFINITIONS.—In this section:




                                                                                   •HR 778 IH

                                        VerDate Sep 11 2014   20:40 Feb 23, 2021   Jkt 019200   PO 00000   Frm 00009   Fmt 6652   Sfmt 6201   E:\BILLS\H778.IH   H778
                                                                                                                              10
                                                                         1                        (1) AFFIRMATIVE                       EXPRESS              CONSENT.—The

                                                                         2              term ‘‘affirmative express consent’’ means an affirm-
                                                                         3              ative act by an individual that clearly and conspicu-
                                                                         4              ously communicates the individual’s authorization
                                                                         5              for an act or practice, in response to a specific re-
                                                                         6              quest that—
                                                                         7                                 (A) is provided to the individual in a clear
                                                                         8                        and conspicuous disclosure that is separate
                                                                         9                        from other options or acceptance of general
                                                                       10                         terms;
                                                                       11                                  (B) includes a description of each act or
                                                                       12                         practice for which the individual’s consent is
                                                                       13                         sought and—
                                                                       14                                         (i) is written clearly and unmistakably
                                                                       15                                  stated; and
                                                                       16                                         (ii) includes a prominent heading that
                                                                       17                                  would enable a reasonable individual to
                                                                       18                                  identify and understand the act or prac-
                                                                       19                                  tice; and
                                                                       20                                  (C) cannot be inferred from inaction.
                                                                       21                         (2) CONTACT-TRACING DATA.—The term ‘‘con-
                                                                       22               tact-tracing data’’ means information linked or rea-
                                                                       23               sonably linkable to a user or device, that—




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                                  (A) concerns the COVID–19 pandemic;
                                                                       25                         and


                                                                                   •HR 778 IH

                                        VerDate Sep 11 2014   20:40 Feb 23, 2021   Jkt 019200   PO 00000   Frm 00010   Fmt 6652   Sfmt 6201   E:\BILLS\H778.IH   H778
                                                                                                                              11
                                                                         1                                 (B) is gathered, processed, or transferred
                                                                         2                        by digital contact-tracing technology.
                                                                         3                        (3) COVID–19 EMERGENCY DECLARATION.—
                                                                         4              The term ‘‘COVID–19 emergency declaration’’ has
                                                                         5              the meaning given to such term in section
                                                                         6              1135(g)(1)(B) of the Social Security Act (42 U.S.C.
                                                                         7              1320b–5).
                                                                         8                        (4)      DE-IDENTIFY.—The                          term          ‘‘de-identify’’
                                                                         9              means to ensure that information cannot reasonably
                                                                       10               identify, relate to, describe, be capable of being asso-
                                                                       11               ciated with, or be linked, directly or indirectly, to a
                                                                       12               particular individual.
                                                                       13                         (5) DESIGNEE.—The term ‘‘designee’’—
                                                                       14                                  (A) subject to subparagraph (B), means
                                                                       15                         any person or entity, other than a public health
                                                                       16                         agency, that collects, processes, or transfers
                                                                       17                         contact-tracing data in the course of performing
                                                                       18                         a service or function on behalf of, for the ben-
                                                                       19                         efit of, under instruction of, and under contrac-
                                                                       20                         tual agreement with a public health authority;
                                                                       21                         and
                                                                       22                                  (B) excludes any Federal, State, Tribal,
                                                                       23                         territorial, or local law (including immigration




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24                         law) enforcement personnel or entity.




                                                                                   •HR 778 IH

                                        VerDate Sep 11 2014   20:40 Feb 23, 2021   Jkt 019200   PO 00000   Frm 00011   Fmt 6652   Sfmt 6201   E:\BILLS\H778.IH   H778
                                                                                                                              12
                                                                         1                        (6)         DIGITAL                CONTACT-TRACING                    TECH-

                                                                         2              NOLOGY.—

                                                                         3                                 (A) IN GENERAL.—The term ‘‘digital con-
                                                                         4                        tact-tracing technology’’ means a website, on-
                                                                         5                        line application, mobile application, mobile oper-
                                                                         6                        ating system feature, or smart device applica-
                                                                         7                        tion that is designed, in part or in full, for the
                                                                         8                        purpose of—
                                                                         9                                        (i) determining that a contact incident
                                                                       10                                  has occurred relating to the COVID–19
                                                                       11                                  pandemic; and
                                                                       12                                         (ii) taking consequent steps such as
                                                                       13                                  reporting the incident to a public health
                                                                       14                                  authority or user, or providing guidance or
                                                                       15                                  instructions to the user of the mobile de-
                                                                       16                                  vice or the user’s household.
                                                                       17                                  (B) LIMITATIONS.—Such term does not in-
                                                                       18                         clude any technology to assist individuals to
                                                                       19                         evaluate whether they are experiencing COVID–
                                                                       20                         19 symptoms to the extent the technology is not
                                                                       21                         used as described in subparagraph (A).
                                                                       22                         (7) DIRECTOR.—The term ‘‘Director’’ means
                                                                       23               the Director of the Centers for Disease Control and




pamtmann on DSKBC07HB2PROD with BILLS
                                                                       24               Prevention.




                                                                                   •HR 778 IH

                                        VerDate Sep 11 2014   20:40 Feb 23, 2021   Jkt 019200   PO 00000   Frm 00012   Fmt 6652   Sfmt 6201   E:\BILLS\H778.IH   H778
                                                                                                                              13
                                                                         1                        (8) MOBILE APPLICATION.—The term ‘‘mobile
                                                                         2              application’’ means a software program that runs on
                                                                         3              the operating system of a mobile device.
                                                                         4                        (9) MOBILE DEVICE.—The term ‘‘mobile de-
                                                                         5              vice’’ means a smartphone, tablet computer, or simi-
                                                                         6              lar portable computing device that transmits data
                                                                         7              over a wireless connection.
                                                                         8                        (10) SOURCE CODE.—The term ‘‘source code’’
                                                                         9              is the programming instruction for a computer pro-
                                                                       10               gram in its original form and saved in a file.
                                                                       11                         (11) TRADITIONAL                       CONTACT                 TRACING.—The

                                                                       12               term ‘‘traditional contact tracing’’ means contact
                                                                       13               tracing by traditional means prior to contemporary
                                                                       14               digital contact tracing.
                                                                       15                         (12) USER.—The term ‘‘user’’ means a member
                                                                       16               of the public who utilizes the software or hardware
                                                                       17               product.
                                                                       18               (l) AUTHORIZATION OF APPROPRIATIONS.—To carry
                                                                       19 out this section, there are authorized to be appropriated
                                                                       20 $75,000,000, to remain available until expended.
                                                                                                                                  Æ




pamtmann on DSKBC07HB2PROD with BILLS
                                                                                   •HR 778 IH

                                        VerDate Sep 11 2014   20:40 Feb 23, 2021   Jkt 019200   PO 00000   Frm 00013   Fmt 6652   Sfmt 6301   E:\BILLS\H778.IH   H778


File and source

File
BILLS_bills-117hr778ih_bills-117hr778ih.pdf
Size
248,921 bytes
SHA-256
2c88e6b1b49b513d83e5c8f69eb171e0fb8a10d60f20e06a33cfc6cf779d9eee
Our copy
BILLS_bills-117hr778ih_bills-117hr778ih.pdf
Original
www.govinfo.gov
Back to top