(4) Development of policies to ensure compli-
ance with all standards adopted under part C of title 
XI, including promotion of patient control of pro-
tected health information. 
(5) Avoidance of confusion and potential non-
compliance with currently existing legal require-
ments. 
(e) DETAIL OF FEDERAL EMPLOYEES.—Upon the 
request of the Secretary, the head of any Federal agency 
is authorized to detail, without reimbursement from the 
National Health Information Officer, any of the personnel 
of such agency to such Officer to assist the Officer in car-
rying out duties of the Officer under this section. Any such 
detail shall not interrupt or otherwise affect the civil serv-
ice status or privileges of the Federal employee. 
(f) USE OF FUNDS CONSISTENT WITH NATIONAL 
AGENDA.—The Secretary shall develop a process (such as 
requiring the approval of the National Health Information 
Officer) to assure that to the greatest extent feasible funds 
of the Department of Health and Human Services granted 
or spent for health information systems are used to fur-
ther the national agenda developed pursuant to subsection 
(a)(3). 
(g) AUTHORIZATION OF APPROPRIATIONS AND SUN-
SET.—There are authorized to be appropriated such sums
as may be necessary for each fiscal year beginning with 
fiscal year 2004 to carry out this section. 
SEC. 3. DATA AND COMMUNICATIONS STANDARDS FOR 
INTEROPERABILITY. 
(a) IN GENERAL.—Based on the recommendations 
provided under section 2(d)(1)(B), the Secretary shall de-
velop or adopt (and shall periodically review and update) 
voluntary, national data and communications standards 
that promote the interoperability of health information 
technology systems across all public and private health 
care settings. The Secretary shall ensure thorough testing 
of data and communications standards before their imple-
mentation. In developing or adopting such standards, the 
Secretary shall take into account—
(1) the ability of such standards to enable clini-
cally-specific data collection in order to promote evi-
dence-based medicine and the electronic exchange of 
patient medical record information; and 
(2) the costs of compliance and the savings and 
other benefits from improved efficiency and quality 
in health care delivery. 
(b) REPORTS.—
(1) INITIAL REPORT.—No later than 12 months 
after the date of the enactment of this Act, the Sec-
retary shall submit to Congress a report that in-
cludes a comprehensive national health information 
infrastructure strategic plan and information on 
progress on the assessments, the recommendations 
for the interface, and the recommendations for 
standards, under section 2(d). 
(2) SUBSEQUENT
REPORTS.—During each of 
the 2 years after the year in which the report is sub-
mitted under paragraph (1), the Secretary shall sub-
mit to Congress an annual report relating to addi-
tional recommendations, best practices, results of in-
formation technology improvements, analyses of pri-
vate sector efforts to implement the data and com-
munications standards established under this sec-
tion, and such other matters as may help ensure the 
most rapid dissemination of best practices in health 
care information technology. 
(c) CONTRACT AUTHORITY.—The Secretary is au-
thorized to enter into contracts—
(1) for services and activities necessary to carry 
out this section and section 2; and 
(2) to the extent practicable, to test the stand-
ards under consideration under this section. 
(d) DISSEMINATION.—The Secretary shall provide 
for the reviewing, updating, and disseminating the stand-
ards developed under this section.
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary for each fiscal year beginning with fiscal year 
2004 to carry out this section.
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