tus, or veteran status of an individual or group of 
individuals. 
(6) DEVICE.—The term ‘‘device’’ means any 
electronic equipment that is primarily designed for 
or marketed to consumers. 
(7) DISCLOSURE.—The term ‘‘disclosure’’, with 
respect to emergency health data, means the releas-
ing, transferring, selling, providing access to, licens-
ing, or divulging in any manner by a covered organi-
zation to a third party. 
(8) EMERGENCY
HEALTH
DATA.—The term 
‘‘emergency health data’’ means data linked or rea-
sonably linkable to an individual or device, including 
data inferred or derived about the individual or de-
vice from other collected data provided such data is 
still linked or reasonably linkable to the individual or 
device, that concerns the public COVID–19 health 
emergency. Such data includes— 
(A) information that reveals the past, 
present, or future physical or behavioral health 
or condition of, or provision of healthcare to, an 
individual, including— 
(i) data derived from the testing or 
examination of a body part or bodily sub-
stance, or a request for such testing; 
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(ii) whether or not an individual has 
contracted or been tested for, or an esti-
mate of the likelihood that a particular in-
dividual may contract, such disease or dis-
order; and 
(iii) genetic data, biological samples, 
and biometrics; and 
(B) other data collected in conjunction 
with other emergency health data or for the 
purpose of tracking, screening, monitoring, con-
tact tracing, or mitigation, or otherwise re-
sponding to the COVID–19 public health emer-
gency, including— 
(i) geolocation data, when such term 
means data capable of determining the 
past or present precise physical location of 
an individual at a specific point in time, 
taking account of population densities, in-
cluding cell-site location information, tri-
angulation data derived from nearby wire-
less or radio frequency networks, and glob-
al positioning system data; 
(ii) proximity data, when such term 
means information that identifies or esti-
mates the past or present physical prox-
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imity of one individual or device to an-
other, including information derived from 
Bluetooth, audio signatures, nearby wire-
less networks, and near-field communica-
tions; 
(iii) demographic data; 
(iv) contact information for identifi-
able individuals or a history of the individ-
ual’s contacts over a period of time, such 
as an address book or call log; and 
(v) any other data collected from a 
personal device. 
(9) GOVERNMENT ENTITY.—The term ‘‘govern-
ment entity’’ includes a Federal agency, a State, a 
local government, and other organizations, as such 
terms are defined in section 3371 of title 5, United 
States Code. 
(10) HEALTH
CARE
PROVIDER.—The term 
‘‘health care provider’’ has the meaning given the 
term ‘‘eligible health care provider’’ in title VIII of 
division B the CARES Act (Public Law 116–136). 
(11) 
HIPAA 
REGULATIONS.—The 
term 
‘‘HIPAA regulations’’ means parts 160 and 164 of 
title 45, Code of Federal Regulations. 
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(12) PUBLIC HEALTH AUTHORITY.—The term 
‘‘public health authority’’ means an entity that is 
authorized by law to collect or receive information 
for the purpose of preventing or controlling disease, 
injury, or disability including, but not limited to, the 
reporting of disease, injury, vital events such as 
birth or death, and the conduct of public health sur-
veillance, public health investigations, and public 
health interventions, and a person, such as a des-
ignated agency or associate, acting under a grant of 
authority from, or under a contract with, such public 
entity, including the employees or agents of such en-
tity or its contractors or persons or entities to whom 
it has granted authority. 
(13) 
COVID–19 
PUBLIC
HEALTH
EMER-
GENCY.—The term ‘‘COVID–19 public health emer-
gency’’ means the outbreak and public health re-
sponse pertaining to Coronavirus Disease 2019 
(COVID–19), associated with the emergency de-
clared by the Secretary on January 31, 2020, under 
section 319 of the Public Health Service Act (42 
U.S.C. 247d), and any renewals thereof and any 
subsequent declarations by the Secretary related to 
the coronavirus. 
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(14) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Health and Human Services. 
(15) SERVICE PROVIDER.— 
(A) IN GENERAL.—The term ‘‘service pro-
vider’’ means a person that collects, uses, or 
discloses emergency health data for the sole 
purpose of, and only to the extent that such en-
tity is, conducting business activities on behalf 
of, for the benefit of, under instruction of, and 
under contractual agreement with a covered or-
ganization. 
(B) LIMITATION OF APPLICATION.—Such 
person shall only be considered a service pro-
vider in the course of activities described in 
subparagraph (A). 
(C) EXCLUSIONS.—The term ‘‘service pro-
vider’’ excludes a person that develops or oper-
ates a website, web application, mobile applica-
tion, or smart device application for the purpose 
of tracking, screening, monitoring, contact trac-
ing, or mitigation, or otherwise responding to 
the COVID–19 public health emergency. 
(16) STATE.—The term ‘‘State’’ means each 
State of the United States, the District of Columbia, 
each commonwealth, territory, or possession of the 
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