42 USC 247 - Facilities and capacities of the Centers for Disease Control and Prevention

1 So in original.

2 So in original. Probably should be preceded by “section”.

of title 5 are compensated, without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates.

Editorial Notes

Amendments

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

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

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

Subsec. (span)(1)(C). Puspan. 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. (span)(2). Puspan. 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). Puspan. 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). Puspan. 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). Puspan. 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). Puspan. 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). Puspan. 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). Puspan. L. 117–328, § 2211(3)(C)(i)(III)–(V), added cl. (vi).

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

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

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

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

Subsec. (d)(2)(A). Puspan. 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). Puspan. 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). Puspan. L. 117–328, § 2211(4)(B), added par. (6).

Subsecs. (e) to (g). Puspan. 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). Puspan. 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.”

Puspan. L. 117–328, § 2211(6), redesignated subsec. (i) as (h).

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

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

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

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

Subsec. (a)(3). Puspan. 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). Puspan. L. 116–22, § 205(a)(2)(D), added par. (4).

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

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

Subsec. (span)(2). Puspan. 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. (span)(3). Puspan. 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). Puspan. 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). Puspan. 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). Puspan. 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). Puspan. 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). Puspan. 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). Puspan. L. 116–22, § 205(a)(4)(D)(iv)(II)–(IV), added cl. (v).

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

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

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

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

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

Subsec. (d)(1). Puspan. 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). Puspan. L. 116–22, § 205(a)(5)(B), added subpar. (D).

Subsec. (d)(5). Puspan. 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). Puspan. L. 116–22, § 205(a)(7), added subsecs. (f) to (h). Former subsecs. (f) and (g) redesignated (i) and (j), respectively.

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

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

Subsec. (span)(2). Puspan. 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. (span)(3). Puspan. L. 113–5, § 204(a)(1)(C), inserted “and update such standards as necessary” before period at end.

Subsec. (c). Puspan. L. 113–5, § 204(a)(4)(A), substituted “Modernizing public health situational awareness and biosurveillance” for “Public health situational awareness” in heading.

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

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

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

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

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

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

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

Subsec. (a)(3). Puspan. L. 109–417, § 204(span)(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). Puspan. L. 109–417, § 202(2), added subsecs. (d) to (g).

2002—Puspan. 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

Puspan. 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:

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

Puspan. 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.”