[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6305 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 6305
To amend title III of the Public Health Service Act to impose a
limitation on regulations relating to the control of communicable
diseases, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 8, 2023
Mrs. Luna (for herself, Mrs. Miller of Illinois, and Mr. Crane)
introduced the following bill; which was referred to the Committee on
Energy and Commerce, and in addition to the Committee on Rules, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To amend title III of the Public Health Service Act to impose a
limitation on regulations relating to the control of communicable
diseases, 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 ``Terminate CDC Overreach Act''.
SEC. 2. LIMITATION ON REGULATIONS RELATING TO CONTROL OF COMMUNICABLE
DISEASES.
(a) Scope of Authority.--Section 361 of the Public Health Service
Act (42 U.S.C. 264) is amended--
(1) in subsection (a), by striking ``of the Secretary'' and
inserting ``of the Secretary, and subject to subsection (d),'';
and
(2) in subsection (d)--
(A) in paragraph (1), by striking ``Regulations
prescribed under this section may provide for the
apprehension and examination of any individual'' and
inserting ``Subject to paragraph (5), regulations may
only be prescribed under this section to prevent the
introduction, transmission, or spread of communicable
diseases among individuals'';
(B) in paragraph (2), in the matter preceding
subparagraph (A), by inserting ``as demonstrated
through a positive clinical test, rigorous contact
tracing, or clinical presentation'' after ``such
disease''; and
(C) by adding at the end the following:
``(3) The term `clinical test' means a test used in the collection,
preparation, analysis, or in vitro clinical examination of specimens
taken or derived from the human body for purposes of the diagnosis of a
particular disease by a health care professional, including any such
test that is--
``(A) designed, manufactured, and used within a single
laboratory; or
``(B) approved, cleared, granted marketing authorization,
or authorized for emergency use for such purpose under the
Federal Food, Drug, and Cosmetic Act.
``(4)(A) Effective beginning on the date of the enactment of the
Terminate CDC Overreach Act, the Secretary may not, except as specified
in subparagraph (B), issue a rule under this section with respect to
control of a communicable disease that is unrelated to the prevention
of the interstate spread of disease by identifying, isolating, or
destroying the disease itself.
``(B) Subparagraph (A) shall not apply with respect to--
``(i) the authority of the Secretary to carry out any
provision of the Federal Food, Drug, and Cosmetic Act; or
``(ii) the authorities of the Commissioner of Food and
Drugs under this section (as in effect prior to the day before
the date of the enactment of this Act).''.
(b) Procedure for Disapproval.--Section 361(d) of the Public Health
Service Act (42 U.S.C. 264(d)) as amended by subsection (a) is further
amended by adding at the end the following:
``(5)(A) Effective beginning on the date of the enactment of the
Terminate CDC Overreach Act, the Secretary may prescribe a regulation
with respect to control of a communicable disease--
``(i) that is intended to be applied with respect to
individuals who may be infected with a communicable disease in
a qualifying stage and who are reasonably believed--
``(I) to be moving or about to move from a State to
another State; or
``(II) to be a probable source of infection to
individuals who, while infected with such disease in a
qualifying stage, will be moving from a State to
another State;
``(ii) which shall be transmitted to the Congress; and
``(iii) which shall only be effective until the earlier
of--
``(I) the date on which the Secretary determines
such regulation is no longer necessary; or
``(II) the date on which a joint resolution of
disapproval described in subparagraph (B) is enacted.
``(B) For purposes of subparagraph (A), the term `joint resolution
of disapproval' means a joint resolution--
``(i) which does not have a preamble;
``(ii) the title of which is as follows: `Joint resolution
relating to the disapproval of regulations under section 361 of
the Public Health Service Act relating to ____' (The blank
space being appropriately filled in); and
``(iii) the matter after the resolving clause of which is
as follows: `That Congress disapproves the regulations issued
under section 361(d)(5) of the Public Health Service Act
relating to ____, and such regulations shall have no force or
effect.' (The blank space being appropriately filled in).
``(C) Subparagraph (A) shall not apply with respect to--
``(i) the authority of the Secretary to carry out any
provision of the Federal Food, Drug, and Cosmetic Act,
including any regulation providing for such controls as may be
necessary to ensure that blood products or other specimens that
may carry a communicable disease in a qualifying stage do not
move from a State to another State; or
``(ii) the authorities of the Commissioner of Food and
Drugs under this section (as in effect prior to the day before
the date of the enactment of this Act).''.
(c) Sub-Regulatory Guidance.--Section 361 of the Public Health
Service Act (42 U.S.C. 264) is amended by adding at the end the
following:
``(f)(1) Effective beginning on the date of the enactment of the
Terminate CDC Overreach Act, the Secretary may not publish any rule or
sub-regulatory recommendation, guidance, or policy with respect to
control of a communicable disease that is intended to have broad
applicability unless the Secretary includes in such sub-regulatory
recommendation, guidance, or policy (and publishes on the public
website of the Department of Health and Human Services) the evidence
supporting the sub-regulatory recommendation, guidance, or policy,
which shall include, updated science briefs, and such other evidence as
may be necessary, such as--
``(A) scientific data or studies; or
``(B) clinical observation or expertise.
``(2) For purposes of this subsection, the term `broad
applicability' means with respect to any sub-regulatory recommendation,
guidance, or policy with respect to control of a communicable disease
any such recommendation, guidance, or policy that is intended to
influence the general public.
``(3) Paragraph (1) shall not apply with respect to--
``(A) the authority of the Secretary to carry out any
provision of the Federal Food, Drug, and Cosmetic Act; or
``(B) the authorities of the Commissioner of Food and Drugs
under this section (as in effect prior to the day before the
date of the enactment of this Act).''.
(d) Expedited Consideration of Joint Resolution of Disapproval.--
Section 361 of the Public Health Service Act (42 U.S.C. 264), as
amended by subsection (c), is further amended by adding at the end the
following:
``(g) Fast Track Consideration in House of Representatives.--
``(1) Reconvening.--Upon receipt of a regulation under
subsection (d)(5), the Speaker, if the House would otherwise be
adjourned, shall notify the Members of the House that, pursuant
to this section, the House shall convene not later than the
second calendar day after receipt of such regulation.
``(2) Reporting and discharge.--Any committee of the House
of Representatives to which a joint resolution is referred
shall report it to the House not later than 5 calendar days
after the date of receipt of the regulation under subsection
(d)(5). If a committee fails to report the joint resolution
within that period, the committee shall be discharged from
further consideration of the joint resolution and the joint
resolution shall be referred to the appropriate calendar.
``(3) Proceeding to consideration.--After each committee
authorized to consider a joint resolution reports it to the
House or has been discharged from its consideration, it shall
be in order, not later than the sixth day after Congress
receives the regulation under subsection (d)(5), to move to
proceed to consider the joint resolution in the House. All
points of order against the motion are waived. Such a motion
shall not be in order after the House has disposed of a motion
to proceed on the joint resolution. The previous question shall
be considered as ordered on the motion to its adoption without
intervening motion. The motion shall not be debatable. A motion
to reconsider the vote by which the motion is disposed of shall
not be in order.
``(4) Consideration.--The joint resolution shall be
considered as read. All points of order against the joint
resolution and against its consideration are waived. The
previous question shall be considered as ordered on the joint
resolution to its passage without intervening motion except two
hours of debate equally divided and controlled by the proponent
and an opponent. A motion to reconsider the vote on passage of
the joint resolution shall not be in order.
``(h) Fast Track Consideration in Senate.--
``(1) Reconvening.--Upon receipt of a regulation under
subsection (d)(5), if the Senate has adjourned or recessed for
more than 2 days, the majority leader of the Senate, after
consultation with the minority leader of the Senate, shall
notify the Members of the Senate that, pursuant to this
section, the Senate shall convene not later than the second
calendar day after receipt of such message.
``(2) Placement on calendar.--Upon introduction in the
Senate, the joint resolution shall be placed immediately on the
calendar.
``(3) Floor consideration.--
``(A) In general.--Notwithstanding Rule XXII of the
Standing Rules of the Senate, it is in order at any
time during the period beginning on the 4th day after
the date on which Congress receives a regulation under
subsection (d)(5) and ending on the 6th day after the
date on which Congress receives a regulation under
subsection (d)(5) (even though a previous motion to the
same effect has been disagreed to) to move to proceed
to the consideration of the joint resolution, and all
points of order against the joint resolution (and
against consideration of the joint resolution) are
waived. The motion to proceed is not debatable. The
motion is not subject to a motion to postpone. A motion
to reconsider the vote by which the motion is agreed to
or disagreed to shall not be in order. If a motion to
proceed to the consideration of the resolution is
agreed to, the joint resolution shall remain the
unfinished business until disposed of.
``(B) Debate.--Debate on the joint resolution, and
on all debatable motions and appeals in connection
therewith, shall be limited to not more than 10 hours,
which shall be divided equally between the majority and
minority leaders or their designees. A motion further
to limit debate is in order and not debatable. An
amendment to, or a motion to postpone, or a motion to
proceed to the consideration of other business, or a
motion to recommit the joint resolution is not in
order.
``(C) Vote on passage.--The vote on passage shall
occur immediately following the conclusion of the
debate on a joint resolution, and a single quorum call
at the conclusion of the debate if requested in
accordance with the rules of the Senate.
``(D) Rulings of the chair on procedure.--Appeals
from the decisions of the Chair relating to the
application of the rules of the Senate, as the case may
be, to the procedure relating to a joint resolution
shall be decided without debate.
``(i) Rules Relating to Senate and House of Representatives.--
``(1) Coordination with action by other house.--If, before
the passage by one House of a joint resolution of that House,
that House receives from the other House a joint resolution,
then the following procedures shall apply:
``(A) The joint resolution of the other House shall
not be referred to a committee.
``(B) With respect to a joint resolution of the
House receiving the resolution--
``(i) the procedure in that House shall be
the same as if no joint resolution had been
received from the other House; but
``(ii) the vote on passage shall be on the
joint resolution of the other House.
``(2) Treatment of joint resolution of other house.--If one
House fails to introduce or consider a joint resolution under
this section, the joint resolution of the other House shall be
entitled to expedited floor procedures under this section.
``(3) Treatment of companion measures.--If, following
passage of the joint resolution in the Senate, the Senate then
receives the companion measure from the House of
Representatives, the companion measure shall not be debatable.
``(4) Consideration following presidential veto.--If the
President vetoes the joint resolution debate on a veto message
in the Senate under this section shall be 1 hour equally
divided between the majority and minority leaders or their
designees.
``(5) Rules of house of representatives and senate.--This
subsection and subsections (d)(5), (g), and (h) are enacted by
Congress--
``(A) as an exercise of the rulemaking power of the
Senate and House of Representatives, respectively, and
as such are deemed a part of the rules of each House,
respectively, but applicable only with respect to the
procedure to be followed in that House in the case of a
joint resolution, and supersede other rules only to the
extent inconsistent with such rules; and
``(B) with full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedure of that House) at any time,
in the same manner, and to the same extent as in the
case of any other rule of that House.''.
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