; and (2) submit to the Congress a report on the results of such evaluation. (j) Definitions In this section: (1) Affirmative express consent The term affirmative express consent means an affirmative act by an individual that clearly and conspicuously communicates the individual’s authorization for an act or practice, in response to a specific request that— (A) is provided to the individual in a clear and conspicuous disclosure that is separate from other options or acceptance of general terms; (B) includes a description of each act or practice for which the individual’s consent is sought and— (i) is written clearly and unmistakably stated; and (ii) includes a prominent heading that would enable a reasonable individual to identify and understand the act or practice; and (C) cannot be inferred from inaction. (2) Contact-tracing data The term contact-tracing data means information linked or reasonably linkable to a user or device, that— (A) concerns the COVID–19 pandemic; and (B) is gathered, processed, or transferred by digital contact tracing technology. (3) COVID–19 emergency declaration The term COVID–19 emergency declaration has the meaning given to such term in section 1135(g)(1)(B) of the Social Security Act ( 42 U.S.C. 1320b–5 ). (4) De-identify The term de-identify means to ensure that information cannot reasonably identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, to a particular individual. (5) Designee The term designee — (A) subject to subparagraph (B), means any person or entity, other than a public health agency, that collects, processes, or transfers contact-tracing data in the course of performing a service or function on behalf of, for the benefit of, under instruction of, and under contractual agreement with a public health authority