42 U.S.C. § 242v — Foreign talent recruitment programs

Page 163 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 242v as the ‘‘Director’’) may, in cooperation with the States, collect and report data on adverse child- hood experiences through the Behavioral Risk Factor Surveillance System, the Youth Risk Be- havior Surveillance System, and other relevant public health surveys or questionnaires. (b) Timing The collection of data under subsection (a) may occur biennially. (c) Data from rural areas The Director shall encourage each State that participates in collecting and reporting data under subsection (a) to collect and report data from rural areas within such State, in order to generate a statistically reliable representation of such areas. (d) Data from tribal areas The Director may, in cooperation with Indian Tribes (as defined in section 5304 of title 25) and pursuant to a written request from an Indian Tribe, provide technical assistance to such In- dian Tribe to collect and report data on adverse childhood experiences through the Behavioral Risk Factor Surveillance System, the Youth Risk Behavior Surveillance System, or another relevant public health survey or questionnaire. (e) Authorization of appropriations To carry out this section, there is authorized to be appropriated $2,000,000 for each of fiscal years 2019 through 2023. (Pub. L. 115–271, title VII, § 7131, Oct. 24, 2018, 132 Stat. 4046.) Editorial Notes CODIFICATION Section was enacted as part of the Substance Use–Disorder Prevention that Promotes Opioid Recov- ery and Treatment for Patients and Communities Act, also known as the SUPPORT for Patients and Commu- nities Act, and not as part of the Public Health Service Act which comprises this chapter. § 242u. Improving State, local, and Tribal infor- mation sharing (a) In general The Secretary may, in consultation with State, local, and Tribal public health officials, carry out activities to improve the availability of appropriate and applicable public health data related to communicable diseases, and informa- tion sharing between, the Director of the Cen- ters for Disease Control and Prevention, the As- sistant Secretary for Preparedness and Re- sponse, and such State, local, and Tribal public health officials, which may include such data from— (1) health care providers and facilities; (2) public health and clinical laboratories; (3) health information exchanges and health information networks; and (4) State, local, and Tribal health depart- ments. (b) Content, form, and manner The Secretary shall, consistent with the re- quirements of this section, work with such offi- cials and relevant stakeholders to provide infor- mation on the content, form, and manner in which such data, deidentified as applicable, may most effectively support the ability of State, local, and Tribal health departments to respond to such communicable diseases, including re- lated to the collection and reporting of demo- graphic and other relevant data elements. Such form and manner requirements shall align with the standards and implementation specifications adopted by the Secretary under section 300jj–14 of this title, as applicable. (c) Decreased burden In facilitating the coordination of efforts under subsection (a), the Secretary shall make reasonable efforts to limit reported public health data to the minimum necessary informa- tion needed to accomplish the intended public health purpose. (d) Exemption of certain public health data from disclosure The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may exempt from disclosure under section 552(b)(3) of title 5 public health data that are gathered under this section if— (1) an individual is identified through such data; or (2) there is at least a very small risk, as de- termined by current scientific practices or statistical methods, that some combination of the information, the request, and other avail- able data sources or the application of tech- nology could be used to deduce the identity of an individual. (July 1, 1944, ch. 373, title III, § 310B, as added Pub. L. 117–328, div. FF, title II, § 2213(d), Dec. 29, 2022, 136 Stat. 5737.) Statutory Notes and Related Subsidiaries RULES OF CONSTRUCTION Pub. L. 117–328, div. FF, title II, § 2213(f), Dec. 29, 2022, 136 Stat. 5738, provided that: ‘‘Nothing in this section [enacting this section, amending section 300hh–33 of this title, and enacting provisions set out as notes under sections 300hh and 300hh–33 of this title] shall be construed to— ‘‘(1) supplant, in whole or in part, State, local, or Tribal activities or responsibilities related to public health surveillance, as applicable; ‘‘(2) alter the authority of the Secretary with re- spect to the types of data the Secretary may receive through systems supported or established in this sec- tion or other laws; or ‘‘(3) modify applicable Federal or State information privacy or security law.’’ § 242v. Foreign talent recruitment programs (a) Intramural research (1) In general Not later than 60 days after December 29, 2022, the Secretary of Health and Human Serv- ices (referred to in sections 242v to 242v–3 of this title as the ‘‘Secretary’’) shall prohibit personnel of the National Institutes of Health engaged in intramural research from partici- pation in foreign talent recruitment programs. (2) Exemption Paragraph (1) shall not apply to participa- tion in international conferences or other Page 164 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 242v–1 international exchanges, partnerships, or pro- grams, for which such participation has been approved by the National Institutes of Health. In such circumstances, the National Institutes of Health shall ensure appropriate training is provided to the participant on how to respond to overtures from individuals associated with foreign talent recruitment programs. (b) Extramural research The Secretary shall require disclosure of par- ticipation in foreign talent recruitment pro- grams, including the provision of copies of all grants, contracts, or other agreements related to such programs, and other supporting docu- mentation related to such programs, as a condi- tion of receipt of Federal extramural biomedical research funding awarded through the Depart- ment of Health and Human Services. (c) Consistency The Secretary shall ensure that the policies developed, updated, or issued pursuant to sub- sections (a) and (b) are, to the greatest extent practicable, consistent with the requirements of subtitle D of title VI of division B of Public Law 117–167 (42 U.S.C. 19231 et seq.) related to foreign talent recruitment programs. (Pub. L. 117–328, div. FF, title II, § 2321, Dec. 29, 2022, 136 Stat. 5765.) Editorial Notes REFERENCES IN TEXT Sections 242v to 242v–3 of this title, referred to in sub- sec. (a)(1), was in the original ‘‘this chapter’’, meaning chapter 3 (§§ 2321–2326) of title II of div. FF of Pub. L. 117–328, 136 Stat. 5765, which enacted this section and sections 242v–1 to 242v–3 of this title and amended sec- tion 282 of this title. CODIFICATION Section was enacted as part of the Prepare for and Respond to Existing Viruses, Emerging New Threats, and Pandemics Act, also known as PREVENT Pandemics Act, and also as part of the Health Extend- ers, Improving Access to Medicare, Medicaid, and CHIP, and Strengthening Public Health Act of 2022, and not as part of the Public Health Service Act which comprises this chapter. § 242v–1. Securing identifiable, sensitive informa- tion and addressing other national security risks related to research (a) In general The Secretary of Health and Human Services, in consultation with the Director of National In- telligence, the Secretary of State, the Secretary of Defense, and other national security experts, as appropriate, shall ensure that biomedical re- search conducted or supported by the National Institutes of Health and other relevant agencies and offices within the Department of Health and Human Services is conducted or supported in a manner that appropriately considers national security risks, including national security im- plications related to research involving the se- quencing of human genomic information, and collection, analysis, or storage of identifiable, sensitive information, as defined in section 241(d)(4) of this title, and the potential misuse of such data. Not later than 2 years after December 29, 2022, the Secretary shall ensure that the Na- tional Institutes of Health and other relevant agencies and offices within the Department of Health and Human Services, in consultation with the heads of agencies and national security experts, including the Office of the National Se- curity within the Department of Health and Human Services— (1) develop a comprehensive framework and policies for assessing and managing such na- tional security risks that includes, or review and update, as appropriate, the current (as of the date of review) such framework and poli- cies to include— (A) criteria for how and when to conduct risk assessments for projects that may have national security implications; (B) security controls and training for re- searchers or entities, including peer review- ers, that manage or have access to such data that may present national security risks; and (C) methods to incorporate risk mitigation in the process for funding such projects that may have national security implications and monitor associated research activities fol- lowing issuance of an award, including changes in the terms and conditions related to the use of such funds, as appropriate; (2) not later than 1 year after the framework and policies are developed or reviewed and up- dated, as applicable, under paragraph (1), de- velop and implement controls to ensure that— (A) researchers or entities involved in projects reviewed under the framework and relevant policies, including such projects that manage or have access to sensitive, identifiable information, have complied with the requirements of paragraph (1) and ongo- ing requirements with such paragraph; (B) consideration of funding for projects that may have national security implica- tions takes into account the extent to which the country in which the proposed research will be conducted or supported poses a risk to the integrity of the United States bio- medical research enterprise; and (C) data access committees reviewing data access requests for projects that may have national security risks, as appropriate, in- clude members with expertise in current and emerging national security threats, in order to make appropriate decisions, including re- lated to access to such identifiable, sensitive information; and (3) not later than 2 years after the frame- work and relevant policies are developed or re- viewed and updated, as applicable, under para- graph (1), update data access and sharing poli- cies related to human genomic data, as appli- cable, based on current and emerging national security threats. (b) Congressional briefing Not later than 1 year after December 29, 2022, the Secretary shall provide a briefing to the Committee on Health, Education, Labor, and Pensions and the Select Committee on Intel- ligence of the Senate and the Committee on En- ergy and Commerce and the Permanent Select