[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3383 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 3383
To reform the Centers for Disease Control and Prevention, limit the
scope of public health authorities, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 30, 2023
Mr. Schmitt (for himself and Mr. Braun) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To reform the Centers for Disease Control and Prevention, limit the
scope of public health authorities, 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 ``End COVID Tyranny Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the vaccine mandate in response to COVID-19 that
applied to military personnel and the resulting discharge of
servicemen and servicewomen threatened our military readiness;
(2) prolonged school closures in response to COVID-19
directly impacted students' schooling and contributed to
learning loss;
(3) steps to distribute vaccines based on race do not
reflect the values of the United States;
(4) during the COVID-19 public health emergency, Federal
agencies colluded with private corporations to stifle
legitimate political speech and infringe on the first amendment
rights of Americans;
(5) economic lockdowns threatened the livelihoods of
American families, and directly led to record closures of small
businesses;
(6) on account of the Centers for Disease Control and
Prevention's inconsistent and confusing messaging, which was
not based on science, the United States relinquished its
ability to effectively control the pandemic;
(7) forced lockdowns worsened an already pressing mental
health crisis, leading to an increase in suicides rates and
drug abuse; and
(8) the roles of the Centers for Disease Control and
Prevention and other agencies and offices of the Department of
Health and Human Services are strictly advisory, and such
agencies and offices have not been empowered by Congress to
establish laws or mandates.
SEC. 3. PROHIBITIONS ON IMPOSING A MASK MANDATE IN EDUCATION SETTINGS.
(a) Definitions.--In this section:
(1) Applicable period.--The term ``applicable period''
means the period that begins on the date of enactment of this
Act and ends on December 31, 2024.
(2) Head start program.--The term ``Head Start program''
means such a program, including an Early Head Start program,
carried out under the Head Start Act (42 U.S.C. 9831 et seq.).
(3) Mask.--The term ``mask'' means a material covering the
nose and mouth of the wearer, excluding face shields.
(4) Mask mandate.--The term ``mask mandate'' means an
order, directive, or ordinance, in response to a public health
emergency, that requires an individual to wear a mask to enter,
or remain in, a facility.
(b) Restriction on the Use of Federal Funds.--During the applicable
period, notwithstanding any other provision of law, no Federal funds
may be obligated or expended to propose, establish, implement, or
enforce, directly or indirectly through the imposition of a condition
on receipt of Federal funds, any requirement that an individual wear a
mask or comply with a mask mandate while in a facility of a Head Start
program.
(c) No Mask Requirements in Schools or Institutions of Higher
Education.--Notwithstanding any other provision of law, during the
applicable period, neither the President nor any other Federal officer,
employee, agency, or office, shall issue or enforce a mask mandate
requiring individuals to wear a mask in any facility of a Head Start
program.
(d) No Authority To Refuse Access to Education.--During the
applicable period, a Head Start program shall not refuse entry to, or
participation in, any educational service or activity to a child,
teacher, parent, or other individual on the basis that the child,
teacher, parent, or other individual refuses to wear a mask or comply
with a mask mandate during the educational service or activity.
(e) No Authority To Issue or Enforce Mask Mandates in Educational
Settings in Response to a Public Health Emergency.--Section 361 of the
Public Health Service Act (42 U.S.C. 264) is amended by adding at the
end the following:
``(f) Nothing in this section authorizes the Secretary to require
individuals to comply with a mask mandate (as defined in section 2(a)
of the End COVID Tyranny Act) in any facility of a Head Start program
(as defined in such section 2(a)) in response to a public health
emergency declared under section 319 during the applicable period (as
defined in such section 2(a)).''.
SEC. 4. APPOINTMENT AND AUTHORITY OF THE DIRECTOR OF THE CENTERS FOR
DISEASE CONTROL AND PREVENTION; TERMS OF CDC AND NIH
DIRECTORS.
(a) Appointment Authority.--Section 2101(b) of the Prepare for and
Respond to Existing Viruses, Emerging New Threats, and Pandemics Act
(Public Law 117-328) is amended by striking ``January 20, 2025'' and
inserting ``the date of enactment of the End COVID Tyranny Act''.
(b) Term of CDC Director.--Section 305(a) of the Public Health
Service Act (42 U.S.C. 242c(a)) is amended by adding at the end the
following: ``No individual may serve as Director for a total period of
more than 12 years.''.
(c) Term of NIH Director.--Section 402(a) of the Public Health
Service Act (42 U.S.C. 282(a)) is amended by adding at the end the
following: ``No individual may serve as Director of NIH for a total
period of more than 12 years.''.
SEC. 5. LIMITING THE CDC STRATEGIC PLAN.
Section 305(c)(2)(A) of the Public Health Service Act (42 U.S.C.
242c-1(c)(2)(A)) is amended--
(1) in clause (i), by striking ``and noncommunicable
diseases or conditions, and addressing injuries, and
occupational and environmental hazards'' and inserting
``diseases'';
(2) in clause (ii), by striking ``or conditions'';
(3) in clause (iii), by adding ``and'' at the end;
(4) in clause (iv), by striking ``; and'' and inserting a
period; and
(5) by striking clause (v).
SEC. 6. ADVISORY COMMITTEE TO THE CDC DIRECTOR.
Section 305A(c) of the Public Health Service Act (42 U.S.C. 242c-
1(c)) is amended--
(1) in paragraph (1), by striking ``by the Secretary
under'' and inserting ``as described in''; and
(2) in paragraph (3), by striking subparagraphs (A) and (B)
and inserting the following:
``(A) Three members shall be appointed by the
Secretary of Health and Human Services--
``(i) 1 of whom shall be appointed to
represent the Department of Health and Human
Services; and
``(ii) 1 of whom shall be a public health
official.
``(B) Two members shall be appointed by the
majority leader of the Senate.
``(C) Two members shall be appointed by the
minority leader of the Senate.
``(D) Two members shall be appointed by the Speaker
of the House of Representatives.
``(E) Two members shall be appointed by the
minority leader of the House of Representatives.
``(F) Four members shall be appointed by the
Comptroller General of the United States.''.
SEC. 7. LIMITING THE SCOPE OF REGULATIONS OF THE DEPARTMENT OF HEALTH
AND HUMAN SERVICES TO CONTROL COMMUNICABLE DISEASES.
Section 361(a) of the Public Health Service Act (42 U.S.C. 264(a))
is amended to read as follows:
``(a) To prevent the introduction, transmission, or spread of
communicable diseases from foreign countries into the States or
possessions, or from one State or possession into any other State or
possession, the Secretary may make and enforce regulations for the
inspection, fumigation, disinfection, sanitation, pest extermination,
or destruction of animals or articles found to be so infected or
contaminated as to be sources of dangerous infection to human
beings.''.
SEC. 8. ELIGIBILITY FOR ORGAN TRANSPLANTATION.
(a) In General.--Notwithstanding any other provision of law--
(1) no individual may be determined to be ineligible for
organ donation or receipt of an organ transplant on the basis
of the COVID-19 vaccination status of the individual;
(2) no individual may be given a higher or lower priority
for such a donation or receipt on such basis; and
(3) the incidence of COVID-19 positive rates in a
geographic area or region, as determined by public health
officials, may not be a factor in determining eligibility to
donate organs or to receive organs.
(b) Application of Requirements.--Paragraphs (1) through (3) of
subsection (a) shall apply with respect to all organ donations and
receipt of organ transplants in the United States, including under the
laws administered by the Secretary of Veterans Affairs and the laws
administered by the Secretary of Defense.
(c) Organ Procurement and Transplantation Network.--Section 372(b)
of the Public Health Service Act (42 U.S.C. 274(b)) is amended by
adding at the end the following:
``(4) Clarification regarding covid-19 vaccination
status.--The criteria and standards established under paragraph
(2) may not include any consideration of the COVID-19
vaccination status of organ donors or recipients, or of the
incidence of COVID-19 positive rates in a geographic area or
region, as determined by public health officials.''.
SEC. 9. CONGRESSIONAL APPROVAL FOR PUBLIC HEALTH EMERGENCIES.
Section 319(a) of the Public Health Service Act (42 U.S.C. 247d(a))
is amended by striking the third and fourth sentences and inserting the
following: ``Determinations that terminate under the preceding sentence
may be renewed by a majority vote in both chambers of Congress, and
such a renewal period terminates upon the Secretary declaring that the
emergency no longer exists or the expiration of the 90-day period
beginning on the date on which both chambers of Congress have voted in
favor of such renewal, whichever occurs first. Not later than 48 hours
after making a determination under this subsection of a public health
emergency, the Secretary shall submit to the Congress written
notification of the determination.''.
SEC. 10. HOSPITAL VISITATION.
(a) In General.--Section 1861(e)(8) of the Social Security Act (42
U.S.C. 1395x(e)(8)) is amended--
(1) in paragraph (8), by striking ``and'' at the end;
(2) by redesignating paragraph (9) as paragraph (10); and
(3) by inserting after paragraph (8) the following new
paragraph:
``(9) has written policies and procedures regarding the
visitation rights of individuals receiving items and services
at the institution, which shall include--
``(A) a description of any clinically necessary or
reasonable restriction or limitation that such
institution may need to place on such rights and the
reasons for the clinical restriction or limitation; and
``(B) a requirement that such institution inform
each such individual of--
``(i) the right, subject to the
individual's consent, to receive the visitors
whom the individual designates, including a
spouse, another family member, or a friend; and
``(ii) the individual's right to withdraw
or deny such consent at any time; and''.
(b) Conforming Amendments.--Section 1861(e)(8) of the Social
Security Act (42 U.S.C. 1395x(e)(8)) is amended, in the flush matter
following paragraph (1), as redesignated by subsection (a)(2)--
(1) in subparagraph (B), by striking ``paragraph (9)'' and
inserting ``paragraph (10)''; and
(2) in subparagraph (C), by striking ``paragraph (9)'' each
place it appears and inserting ``paragraph (10)''.
(c) Effective Date.--The amendments made by subsection (a) shall
take effect on the date that is 1 year after the date of enactment of
this section.
SEC. 11. FOREIGN LABORATORY INSPECTIONS AND CERTIFICATION.
(a) In General.--Section 495 of the Public Health Service Act (42
U.S.C. 289d) is amended by adding at the end the following:
``(f) Inspection and Certification of Foreign Laboratories.--
``(1) In general.--As a condition of eligibility to perform
research involving animals under a grant, contract, or
cooperative agreement administered by the National Institutes
of Health or any national research institute, a laboratory
located outside the United States that receives Federal funds
shall be subject to quarterly inspections to evaluate
compliance with the requirements under this title.
``(2) Inspection and certification requirements.--
``(A) Quarterly inspection process.--The Secretary,
in consultation with appropriate foreign regulatory
authorities and international organizations, shall
establish and implement a process for conducting
quarterly inspections of foreign laboratories that have
received an Animal Welfare Assurance (as defined in
section 9.2 of title 42, Code of Federal Regulations)
to ensure their continued compliance with the
requirements under this title.
``(B) Assurances.--The inspection process
established by the Secretary pursuant to subparagraph
(A) shall evaluate the compliance of foreign
laboratories with the requirements under subsection
(c)(1), including--
``(i) the establishment and operation of
animal care committees;
``(ii) the review and evaluation of animal
care and treatment; and
``(iii) proper record-keeping and reporting
procedures.
``(3) Certification of compliance and public access.--
``(A) Issuance.--Following each quarterly
inspection required under paragraph (2), the inspecting
authority shall issue a certification of compliance to
the laboratories determined to be in compliance with
the requirements under paragraph (2)(B).
``(B) Public access.--Copies of the certificates of
compliance issued pursuant to subparagraph (A) shall be
maintained by the Office of Laboratory Animal Welfare
and shall remain publicly accessible with other
information about currently issued Animal Welfare
Assurances.
``(C) Corrective action.--Laboratories that fail to
comply with the requirements under paragraph (2)(B)
shall be given a reasonable opportunity to take
corrective action.
``(4) Suspension or revocation of grant or contract for
non-compliant foreign laboratories.--If the Secretary
determines that a foreign facility is not in compliance with
the requirements under subsection (c)(1) and does not take
appropriate corrective action after given a reasonable
opportunity to do so, the Secretary shall suspend or revoke the
applicable grant, contract, or cooperative agreement involving
research on animals under such conditions as the Director of
NIH determines appropriate, in accordance with subsection (d).
``(5) Designation of inspecting authority.--The Secretary,
in consultation with the Director of NIH, shall designate an
appropriate authority to conduct the quarterly inspections
required under paragraph (2) and issue certifications of
compliance in accordance with paragraph (3).
``(6) Coordination with foreign authorities.--The Secretary
and the Director of NIH shall coordinate with appropriate
foreign regulatory authorities and enter into agreements with
foreign governments, as needed, to facilitate the
implementation and enforcement of this subsection while
respecting the sovereignty and laws of foreign nations.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date that is 180 days after the date of enactment of
this Act.
SEC. 12. TRANSFER OF OFFICES TO NIH.
(a) In General.--Effective on the date that is 2 years after the
date of enactment of this Act, notwithstanding any other provision of
law, the authorities, functions, personnel, and assets of the offices
described in subsection (b) shall be transferred from the Centers for
Disease Control and Prevention to the National Institutes of Health.
(b) Offices Described.--The offices described in this subsection
are the following:
(1) The National Center on Birth Defects and Developmental
Disabilities.
(2) The National Center for Chronic Disease Prevention and
Health Promotion.
(3) The National Center for Environmental Health.
(4) The Agency for Toxic Substances and Disease Registry.
(5) The National Center for Health Statistics.
(6) The National Center for HIV, Viral Hepatitis, STD, and
TB Prevention.
(7) The National Center for Injury Prevention and Control.
(8) The National Institute for Occupational Safety and
Health.
SEC. 13. REGULATIONS.
Not later than 90 days after the date of enactment of this Act, the
Secretary of Health and Human Services shall issue such new or revised
regulations as are necessary to carry out this Act (including the
amendments made by this Act).
SEC. 14. PREEMPTION.
The provisions of this Act (including the amendments made by this
Act) shall supersede any provision of Federal, State, Tribal,
territorial, or local law, declaration, guidance, or directive to the
extent that such law, declaration, guidance, or directive is
inconsistent with this Act (including such amendments).
<all>