[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7093 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 7093
To provide for Congressional approval of public health emergency
declarations, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 25, 2024
Mr. Moore of Alabama (for himself and Mr. Brecheen) 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 provide for Congressional approval of public health emergency
declarations, 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 ``Public Health Emergency
Accountability Act''.
SEC. 2. REQUIREMENTS RELATING TO DECLARATION AND RENEWAL OF PUBLIC
HEALTH EMERGENCIES.
(a) In General.--Section 319(a) of the Public Health Service Act
(42 U.S.C. 247d(a)) is amended to read as follows:
``(a) Declarations and Renewals.--
``(1) In general.--If the Secretary makes a determination
described in paragraph (2), then after consultation with such
public health officials as may be necessary the Secretary
shall--
``(A) issue a declaration with respect to that
determination that specifies the provisions of law
under which the Secretary proposes that the Secretary
or other officers will act;
``(B) immediately publish in the Federal Register
such declaration; and
``(C) transmit to the Congress such declaration and
the report under subsection (i).
``(2) Determination that public health emergency exists.--
The determination described in this paragraph is a
determination by the Secretary that--
``(A) a disease or disorder presents a public
health emergency; or
``(B) a public health emergency, including
significant outbreaks of infectious diseases or
bioterrorist attacks, otherwise exists.
``(3) Termination.--
``(A) Initial declaration.--Any initial declaration
of a public health emergency under this section shall
terminate on the earliest of--
``(i) subject to subsection (j)(2)(B)(ii),
the date that is 90 days after the date on
which the declaration under paragraph (1) is
published in the Federal Register;
``(ii) the date on which such emergency is
terminated under a subsequently enacted Federal
law; or
``(iii) the date on which the Secretary
issues a declaration terminating the public
health emergency.
``(B) Renewals.--Any renewal of a public health
emergency under this section shall terminate on the
earliest of--
``(i) subject to subsection (j)(2)(B)(ii),
the date that is 1 year after the date on which
the renewal under paragraph (4)(A) is published
in the Federal Register; or
``(ii) the date described in clause (ii) or
(iii) of subparagraph (A).
``(4) Renewals.--
``(A) In general.--A public health emergency
declared under paragraph (1) (or any renewal thereof),
may be renewed only if--
``(i) the Secretary publishes in the
Federal Register and transmits to Congress a
declaration renewing the emergency (or the most
recent renewal); and
``(ii) there is enacted into law a joint
resolution renewing the emergency pursuant to
subsection (j).
``(B) No renewal if already terminated.--A public
health emergency declared under paragraph (1) may not
be renewed if such emergency has already terminated
under paragraph (3).
``(C) Substantially similar declarations.--Any
declaration under paragraph (1) that is based on
circumstances stemming from a nexus of facts or events
that is substantially similar to that on which an
earlier declaration under such paragraph was issued
shall be treated as a renewal of the earlier
declaration for purposes of this section.
``(5) Effect of termination.--
``(A) In general.--Effective on the date of the
termination of a public health emergency under
paragraph (3)--
``(i) except as provided by subparagraph
(B), any authorities exercised by reason of the
emergency shall cease to be exercised;
``(ii) any amounts reprogrammed or
transferred under any provision of law with
respect to the emergency that remain
unobligated on that date shall be returned and
made available for the purpose for which such
amounts were appropriated; and
``(iii) any contracts entered into under
any provision of law for construction relating
to the emergency shall be terminated unless
construction commenced under the contract
before that date.
``(B) Savings provision.--Except as specifically
provided in subparagraph (A), the termination of a
public health emergency shall not affect--
``(i) any action taken or proceeding
pending not finally concluded or determined on
the date of the termination under paragraph
(3);
``(ii) any action or proceeding based on
any act committed prior to that date; or
``(iii) any rights or duties that matured
or penalties that were incurred prior to that
date.''.
(b) Reports.--Section 319 of the Public Health Service Act (42
U.S.C. 247d) is amended by adding at the end the following:
``(i) Reports.--
``(1) Reports on emergencies.--The Secretary shall transmit
to Congress, with any declaration of a public health emergency
under subsection (a) (or any renewal thereof), including any
such emergency of a duration that is less than 90 days, a
report, in writing, that includes the following:
``(A) A description of--
``(i) the circumstances necessitating the
declaration of a public health emergency or the
renewal of such an emergency; and
``(ii) the use of any emergency authority
specified in the declaration or renewal
thereof.
``(B) The estimated duration of the public health
emergency.
``(C) A summary of the actions the Secretary or
other officers intend to take, including any
reprogramming or transfer of funds, and the statutory
authorities the Secretary and such officers expect to
rely on in addressing the public health emergency.
``(D) In the case of a renewal of a public health
emergency, a summary of the actions the Secretary or
other officers have taken during the preceding
declaration or renewal, including any reprogramming or
transfer of funds, to address the emergency.
``(2) Provision of information to congress.--In addition to
reports under paragraph (1), the Secretary shall provide to
Congress such other information as Congress may request in
connection with any public health emergency in effect under
this section.
``(3) Periodic reports on status of emergencies.--The
Secretary shall report to Congress on the status of any public
health emergency, including any such emergency of a duration
that is less than 90 days, declared under this section and the
actions the Secretary or other officers have taken and
authorities the Secretary and such officers have relied on in
addressing the emergency. Such reports shall be made not less
frequently than every 90 days for the duration of the public
health emergency (or renewal thereof).
``(j) Joint Resolutions of Approval or Termination.--
``(1) Joint resolution defined.--For purposes of this
section, the term `joint resolution' means a joint resolution
that contains each of the following provisions after its
resolving clause:
``(A) A provision approving or terminating a
declaration of a public health emergency made under
subsection (a) (or a renewal thereof).
``(B) A provision approving or terminating the use
of the authorities specified in such declaration or
renewal.
``(2) Procedures for consideration of joint resolutions.--
``(A) Introduction.--After the Secretary transmits
to Congress a declaration of a public health emergency
under subsection (a) (or a renewal thereof), a joint
resolution may be introduced in either House of
Congress by any member of that House.
``(B) Requests to convene congress during
recesses.--
``(i) In general.--If, when the Secretary
transmits to Congress a declaration of a public
health emergency under subsection (a) (or a
renewal thereof), Congress has adjourned sine
die or has adjourned for any period in excess
of 3 calendar days, the Speaker of the House of
Representatives and the President pro tempore
of the Senate, if they deem it advisable (or if
petitioned by at least one-third of the
membership of their respective Houses) shall
jointly request the President to convene
Congress in order that it may consider the
declaration and take appropriate action
pursuant to this section.
``(ii) Exception if congress is unable to
convene.--If Congress is physically unable to
convene as a result of an armed attack upon the
United States or another national emergency,
the 90-day period under subsection (a)(3)(A) or
the 1-year period under subsection (a)(3)(B),
as applicable, shall begin on the first day
Congress convenes for the first time after the
attack or other emergency.
``(C) Committee referral.--A joint resolution shall
be referred to the Committee on Energy and Commerce of
the House of Representatives and the Committee on
Health, Education, Labor and Pensions of the Senate and
any other committee or committees having jurisdiction
over the emergency authorities invoked by the
declaration that is the subject of the joint
resolution.
``(D) Consideration in senate.--In the Senate, the
following shall apply:
``(i) Reporting and discharge.--If the
committee to which a joint resolution has been
referred has not reported it at the end of 10
calendar days after its introduction, that
committee shall be automatically discharged
from further consideration of the resolution
and it shall be placed on the calendar.
``(ii) Proceeding to consideration.--
Notwithstanding rule XXII of the Standing Rules
of the Senate, when the committee to which a
joint resolution is referred has reported the
resolution, or when that committee is
discharged under clause (i) from further
consideration of the resolution, it is at any
time thereafter in order (even though a
previous motion to the same effect has been
disagreed to) for a motion to proceed to the
consideration of the joint resolution to be
made, and all points of order against the joint
resolution (and against consideration of the
joint resolution) are waived. The motion to
proceed is subject to 4 hours of debate divided
equally between those favoring and those
opposing the joint resolution. The motion is
not subject to amendment, or to a motion to
postpone, or to a motion to proceed to the
consideration of other business.
``(iii) Floor consideration.--A joint
resolution shall be subject to 10 hours of
debate, to be divided evenly between the
proponents and opponents of the resolution.
``(iv) Amendments.--
``(I) In general.--Except as
provided in subclause (II), no
amendments shall be in order with
respect to a joint resolution.
``(II) Amendments to strike or add
specified provisions of law.--Subclause
(I) shall not apply with respect to any
amendment to strike from or add to the
list required by paragraph (1)(B) a
provision or provisions of law
specified by the Secretary in the
declaration.
``(v) Motion to reconsider final vote.--A
motion to reconsider a vote on final passage of
a joint resolution shall not be in order.
``(vi) Appeals.--Points of order, including
questions of relevancy, and appeals from the
decision of the Presiding Officer, shall be
decided without debate.
``(E) Consideration in house of representatives.--
In the House of Representatives, if any committee to
which a joint resolution has been referred has not
reported it to the House at the end of 10 calendar days
after its introduction, such committee shall be
discharged from further consideration of the joint
resolution, and it shall be placed on the appropriate
calendar. On Thursdays it shall be in order at any time
for the Speaker to recognize a Member who favors
passage of a joint resolution that has appeared on the
calendar for at least 3 calendar days to call up that
joint resolution for immediate consideration in the
House without intervention of any point of order. When
so called up a joint resolution shall be considered as
read and shall be debatable for 10 hours equally
divided and controlled by the proponent and an
opponent, and the previous question shall be considered
as ordered to its passage without intervening motion.
It shall not be in order to reconsider the vote on
passage. If a vote on final passage of the joint
resolution has not been taken on or before the close of
the tenth calendar day after the resolution is reported
by the committee or committees to which it was
referred, or after such committee or committees have
been discharged from further consideration of the
resolution, such vote shall be taken on that day.
``(F) Receipt of resolution from other house.--If,
before passing a joint resolution, one House receives
from the other a joint resolution from the other House,
then--
``(i) the joint resolution of the other
House shall not be referred to a committee and
shall be deemed to have been discharged from
committee on the day it is received; and
``(ii) the procedures set forth in
subparagraph (D) or (E), as applicable, shall
apply in the receiving House to the joint
resolution received from the other House to the
same extent as such procedures apply to a joint
resolution of the receiving House.
``(G) Rule of construction.--The enactment of a
joint resolution under this subsection shall not be
interpreted to serve as a grant or modification by
Congress of statutory authority for the emergency
powers of the Secretary.''.
SEC. 3. APPLICABILITY.
(a) In General.--Except as provided in subsection (b), the
amendments made by this Act shall take effect on the date of enactment
of this Act.
(b) Application to Public Health Emergencies Previously Declared.--
If a public health emergency was declared under section 319(a) of the
Public Service Act (42 U.S.C. 247d(a)), as in effect on the day before
the date of the enactment of this Act, and such declaration (or a
renewal thereof) remains in effect as of the date of enactment of this
Act, such declaration (and any renewal thereof)--
(1) shall terminate not later than the date that is 1 year
after the date of enactment of this Act; and
(2) may be renewed on or after the date that is 1 year
after the date of enactment of this Act only in accordance with
the amendments made by this Act.
(c) Effect of Future Laws.--No law enacted after the date of
enactment of this Act shall supersede this Act or any amendment made by
this Act unless such law does so in specific terms, referring to this
Act or the provision of law amended by this Act, and declaring that
such law supersedes the relevant provision of this Act or the relevant
provision of law amended by this Act.
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