ETHIC Act
Bill: H.R.976 | Sponsor: Rep. Castor, Kathy (D-FL)
Policy area: Health

Summary:
Ensuring Transparent Honest Information on COVID-19 Act or the ETHIC Act
This bill retroactively requires states and other jurisdictions to report specified COVID-19 (i.e., coronavirus disease 2019) data to the Centers for Disease Control and Prevention as a condition of receiving certain COVID-19 funding.
The bill also requires the Department of Health and Human Services to commission a study from the National Academies of Sciences, Engineering, and Medicine on public health data infrastructure.

To amend the Public Health Service Act to expand, enhance, and improve 
 applicable public health data systems used by the Centers for Disease 
            Control and Prevention, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ensuring Transparent Honest 
Information on COVID-19 Act'' or the ``ETHIC Act''.

SEC. 2. REQUIRED REPORTING BY STATE, LOCAL, TRIBAL, OR TERRITORIAL 
              GOVERNMENTS REGARDING COVID-19.

    (a) In General.--As a condition on receipt of funds through a 
covered grant or cooperative agreement, a State, local, Tribal, or 
Territorial government shall agree to direct the appropriate State, 
local, Tribal, or Territorial governmental entity (including any public 
health department thereof) to report to the Centers for Disease Control 
and Prevention, with respect to the jurisdiction involved and COVID-
19--
            (1) on a daily basis, the information listed in subsection 
        (d); and
            (2) on a weekly basis, the information listed in subsection 
        (e).
    (b) Tribal Waiver.--
            (1) Review and disposition.--Upon the receipt of a written 
        request from a Tribal government, or consortia thereof, for a 
        waiver of the conditions specified in paragraphs (1) and (2) of 
        subsection (a), the Director of the Centers for Disease Control 
        and Prevention shall, not later than 30 days after receipt of 
        such request, approve or deny it.
            (2) Denials.--In the case of a denial of a request under 
        paragraph (1), the Director of the Centers for Disease Control 
        and Prevention shall--
                    (A) provide to the requestor a written explanation 
                of the reasons for the denial; and
                    (B) provide the requestor with an opportunity to 
                correct any deficiencies in the request.
    (c) Covered Grant or Cooperative Agreement.--For purposes of this 
section, a covered grant or cooperative agreement is any grant or 
cooperative agreement awarded under any of the following laws 
(including any amendment made thereby):
            (1) The Coronavirus Preparedness and Response Supplemental 
        Appropriations Act, 2020 (Public Law 116-123).
            (2) The Families First Coronavirus Response Act (Public Law 
        116-127).
            (3) The CARES Act (Public Law 116-136).
            (4) The Paycheck Protection Program and Health Care 
        Enhancement Act (Public Law 116-139).
            (5) The Consolidated Appropriations Act, 2021 (Public Law 
        116-260).
    (d) Daily Reporting.--The information to be reported daily pursuant 
to subsection (a)(1) consists of the following, disaggregated to the 
county level if applicable:
            (1) Demographic characteristics, including, in a de-
        identified, disaggregated, and stratified manner, race, 
        ethnicity, age, sex, geographic region, and other relevant 
        factors of individuals tested for or diagnosed with COVID-19, 
        to the extent such information is available.
            (2) The number of adults with a confirmed case of COVID-19 
        who are hospitalized in an intensive care bed.
            (3) The number of adults with a suspected case of COVID-19 
        who are hospitalized in an intensive care bed.
            (4) The number of adults with a confirmed case of COVID-19 
        who are hospitalized in an inpatient care bed.
            (5) The number of adults with a suspected case of COVID-19 
        who are hospitalized in an inpatient care bed.
            (6) The number of children with a confirmed case of COVID-
        19 who are hospitalized in an intensive care bed.
            (7) The number of children with a suspected case of COVID-
        19 who are hospitalized in an intensive care bed.
            (8) The number of children with a confirmed case of COVID-
        19 who are hospitalized in an inpatient care bed.
            (9) The number of children with a suspected case of COVID-
        19 who are hospitalized in an inpatient care bed.
            (10) Out of the maximum number of beds for which hospitals 
        are licensed to operate, the percentage occupied by confirmed 
        or suspected COVID-19 patients.
            (11) Total staffed hospital beds.
            (12) The numbers of diagnostic and serological tests 
        administered for COVID-19, disaggregated and stratified by--
                    (A) the type of test (molecular and antigen); and
                    (B) the testing positivity rate of each type of 
                test.
            (13) The median turnaround time for diagnostic tests 
        stratified by molecular and antigen tests.
            (14) The percentage of new cases of COVID-19 linked to at 
        least one other case and, if such new cases are part of a known 
        outbreak, identification of such outbreak.
            (15) The rate of transmission of COVID-19.
            (16) The number of confirmed and probable deaths as a 
        result of COVID-19, de-identified and stratified by race, 
        ethnicity, age, sex, geographic region, and other relevant 
        factors.
            (17) The number of residents in nursing homes and assisted 
        living facilities with a suspected or confirmed case of COVID-
        19.
            (18) The number of residents in nursing homes and assisted 
        living facilities who have died from COVID-19.
            (19) The number of staff in nursing homes and assisted 
        living facilities with a suspected or confirmed case of COVID-
        19.
            (20) Such other information as the Director of the Centers 
        for Disease Control and Prevention deems to be relevant.
    (e) Weekly Reporting.--The information to be reported weekly 
pursuant to subsection (a)(2) consists of the following, disaggregated 
to the county level if applicable:
            (1) New infections of health care workers not confirmed to 
        have contracted COVID-19 outside of the workplace.
            (2) The median time between collection of specimens for 
        diagnostic tests for COVID-19 and isolation of cases.
            (3) The percentage of new cases of COVID-19 among 
        quarantined contacts.
            (4) The following information, in a manner that is de-
        identified, and is disaggregated and stratified by race, 
        ethnicity, age, sex, geographic region, and other relevant 
        factors, to the extent such information is available:
                    (A) New suspected and confirmed cases of COVID-19 
                per 100,000 individuals.
                    (B) The percent change in new suspected and 
                confirmed cases of COVID-19 per 100,000 individuals.
                    (C) The number of COVID-19 vaccine doses 
                administered.
                    (D) The number of individuals receiving a first 
                dose of COVID-19 vaccine.
                    (E) The number of individuals completing a 
                vaccination course for COVID-19.
            (5) The number of COVID-19 vaccine doses received by the 
        reporting State, local, Tribal, or Territorial government, 
        disaggregated by supplier.
            (6) The number of nursing home and assisted living 
        residents who have received a first dose of COVID-19 vaccine.
            (7) The number of nursing home and assisted living 
        residents who have completed a vaccination course for COVID-19.
            (8) Such other information as the Director of the Centers 
        for Disease Control and Prevention deems to be relevant.
    (f) Public Posting of Reported Data.--On a daily basis, the 
Director of the Centers for Disease Control and Prevention shall make 
the information reported pursuant to this section, excluding personally 
identifiable information, publicly available on the website of the 
Centers for Disease Control and Prevention.
    (g) Applicability.--The condition on funding in subsection (a) 
applies with respect to the obligation and expenditure by the Federal 
Government of funds through a covered grant or cooperative agreement on 
or after the date of enactment of this Act, including with respect to 
covered grants and cooperative agreements awarded before such date.

SEC. 3. STUDY EXAMINING PUBLIC HEALTH DATA AND INFRASTRUCTURE NECESSARY 
              DURING AND AFTER THE COVID-19 PUBLIC HEALTH EMERGENCY.

    (a) In General.--The Secretary of Health and Human Services (in 
this section referred to as the ``Secretary'') shall seek to enter into 
a contract with the National Academies of Sciences, Engineering, and 
Medicine (referred to in this section as the ``National Academies'') 
not later than 30 days after the date of enactment of this Act, under 
which the National Academies agree to conduct a study with stakeholders 
from Federal agencies, State, Tribal, Territorial, and local 
governments, research institutions, industry, and nonprofit 
organizations that would review the current system for public health 
data infrastructure and reporting and provide recommendations on needed 
data and system improvements for future pandemics and ongoing public 
health needs.
    (b) Submission of Report.--The contract under subsection (a) shall 
require that the study under such subsection be completed, and a report 
on the resulting recommendations be submitted to the Secretary, the 
Committee on Health, Education, Labor, and Pensions of the Senate and 
the Committee on Energy and Commerce of the House of Representatives, 
not later than 12 months after the date the contract was executed.
    (c) Study Topics.--The contract under subsection (a) shall require 
the study under such subsection to--
            (1) review the current public health data systems and the 
        reporting structure for Federal, State, Tribal, Territorial, 
        and local public health information, including vital records;
            (2) review current standards for reporting, quality 
        controls, and transparency of the data;
            (3) examine data gaps and barriers to timely and accurate 
        reporting and identify ways to fill those gaps;
            (4) examine how systems can be accessed and used by a wide 
        range of users, including external researchers;
            (5) examine how different data systems interact and how 
        different data sources can be integrated;
            (6) examine nontraditional data sources or alternative data 
        gathering methods that could be used to complement 
        traditionally collected data;
            (7) identify needed improvements to the public health data 
        systems and structure, especially with regard to the needs of 
        Tribal systems;
            (8) identify core elements of a ``minimum data set'' that 
        might be used for State population surveillance, including 
        demographic components that are necessary to ensure health 
        equity in public health decision making;
            (9) examine how surveillance systems can be explicitly 
        designed to ensure underserved populations (which may include 
        racial and ethnic minorities, immigrants, individuals in 
        nursing homes, other institutionalized populations, and 
        individuals experiencing homelessness) are included in 
        reporting;
            (10) consider how traditional and nontraditional data might 
        be used to promote health equity across the United States and 
        reduce racial, Tribal, and other demographic disparities;
            (11) examine data gaps and barriers to collecting, 
        analyzing, and using demographic data to characterize the 
        COVID-19 pandemic for public health action and research to 
        improve public health actions and identify ways to fill those 
        gaps; and
            (12) report on what is known based on existing data about 
        how COVID-19 is impacting subgroups of the population with 
        respect to access to testing, treatment, and vaccination 
        (hospitalization and access to drugs and medical equipment), 
        and health outcomes (morbidity and mortality).
    (d) Disaggregation of Data.--To the extent feasible, the contract 
under subsection (a) shall require data to be disaggregated by race, 
ethnicity, age, gender, disability, geography, language, socioeconomic 
status, and other factors.
    (e) Authorization of Appropriations.--To carry out this section, 
there is authorized to be appropriated $1,000,000, to remain available 
until expended.
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