[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9310 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 9310

   To amend the Public Health Service Act to give the United States 
Preventive Services Task Force the authority to take early action based 
            on scientific evidence, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 16, 2022

 Ms. Blunt Rochester introduced the following bill; which was referred 
                to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
   To amend the Public Health Service Act to give the United States 
Preventive Services Task Force the authority to take early action based 
            on scientific evidence, 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 ``Preventive Services Early Action 
Act''.

SEC. 2. CHANGES TO UNITED STATES PREVENTIVE SERVICES TASK FORCE.

    Section 915(a) of the Public Health Service Act (42 U.S.C. 299b-
4(a)) is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (E), by striking ``and'' at the 
                end;
                    (B) in subparagraph (F), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(G) the publication of quarterly reports on the 
                Task Force's website identifying--
                            ``(i) a list of clinical preventive 
                        recommendations of the Task Force with respect 
                        to the scientific information described in 
                        paragraph (4)(B); and
                            ``(ii) a list of topics that the Scientific 
                        Director determines are appropriate for early 
                        action as described in paragraph (5).'';
            (2) by redesignating paragraphs (4), (5), (6), and (7) as 
        paragraphs (7), (8), (9), and (11), respectively;
            (3) after making such redesignations, by inserting after 
        paragraph (3) the following:
            ``(4) Ongoing review of scientific evidence and requests 
        for early action.--For the purpose described in paragraph (1), 
        the Task Force shall establish and implement a process for the 
        ongoing review of scientific evidence related to updating 
        previous clinical preventive recommendations of the Task Force 
        under paragraph (5) and reviewing new topics for the 
        development of recommendations for the health care community. 
        Such scientific evidence shall include--
                    ``(A) information from sources audited under the 
                LitWatch process described in Appendix III of the 
                United States Preventive Services Task Force Procedure 
                Manual (or any successor to such process); and
                    ``(B) information submitted through a public 
                submission process, which may include evidence--
                            ``(i) of the impact of clinical preventive 
                        services on populations or age groups for which 
                        such clinical preventive services do not have 
                        in effect a rating of A or B;
                            ``(ii) to fill research gaps identified by 
                        the Task Force;
                            ``(iii) of a new, novel screening modality 
                        or technology, preventive medication, or other 
                        preventive service not previously reviewed by 
                        the Task Force;
                            ``(iv) of health outcomes from a clinical 
                        preventive service that was previously 
                        considered but not recommended by the Task 
                        Force; or
                            ``(v) changes in the public health impact 
                        of a specific condition, whether in general or 
                        as such changes relate to a specific 
                        population.
            ``(5) Early action based on scientific evidence.--
                    ``(A) Determination by scientific director.--Not 
                less than once per quarter, the Scientific Director 
                shall determine whether the scientific evidence 
                reviewed under paragraph (4) supports--
                            ``(i) early review of a previous clinical 
                        preventive recommendation of the Task Force 
                        before the previous recommendation is subject 
                        to full review under the 5-year review period 
                        described in paragraph (2); or
                            ``(ii) modification of a previous clinical 
                        preventive recommendation of the Task Force or 
                        any portion thereof before the previous 
                        recommendation is subject to full review under 
                        the 5-year review period described in paragraph 
                        (2).
                    ``(B) Considerations.--In making a determination 
                under subparagraph (A), the Scientific Director shall 
                take into consideration whether the scientific evidence 
                involved--
                            ``(i) includes information on a new or 
                        novel intervention, modality, technology, 
                        population, or strategy not previously 
                        considered by the Task Force in the development 
                        of the previous clinical preventive 
                        recommendation;
                            ``(ii) helps to address a research gap 
                        identified by the Task Force when developing 
                        the previous recommendation;
                            ``(iii) relates to a previous 
                        recommendation for a preventive service or 
                        treatment of a disease or condition with a high 
                        impact on public health or with disparities in 
                        screening rates, incidence, or health outcomes 
                        linked to socioeconomic status or race;
                            ``(iv) is based on the development of new 
                        technologies or modalities that would allow for 
                        easier disease detection or increase 
                        utilization of recommended clinical 
                        preventative services; or
                            ``(v) is supported by additional sources of 
                        data for any subpopulations (including 
                        subpopulations based on gender, race, 
                        ethnicity, genetic predisposition, 
                        socioeconomic status, geographic location, or 
                        other risk factors) not considered in the 
                        previous recommendation.
                    ``(C) Response by task force.--If the Scientific 
                Director of the Task Force determines under 
                subparagraph (A) that the scientific evidence supports 
                the need for early action, the Task Force shall--
                            ``(i) review the scientific evidence in 
                        support of the determination at the next 
                        meeting of the Task Force, which shall be held 
                        not later than 3 months after the Scientific 
                        Director's determination; and
                            ``(ii) determine that--
                                    ``(I) the scientific evidence does 
                                not support the need for early action;
                                    ``(II) the scientific evidence 
                                supports the need for an early review 
                                of a previous clinical preventive 
                                recommendation before the previous 
                                recommendation is subject to full 
                                review under the 5-year review period 
                                described in paragraph (2); or
                                    ``(III) the scientific evidence 
                                supports the need to modify a previous 
                                clinical preventive recommendation or 
                                any portion thereof before the previous 
                                recommendation is subject to full 
                                review under the 5-year review period 
                                described in paragraph (2), which may 
                                include recommending a new clinical 
                                preventive service, screening test, or 
                                preventive medication without reviewing 
                                or modifying the eligible population in 
                                the previous recommendation.
                    ``(D) Early action.--If the Task Force determines 
                that the scientific evidence supports the need for an 
                early review of a previous clinical preventive 
                recommendation, as described in subparagraph 
                (C)(ii)(II), the Task Force shall--
                            ``(i) allow for public comment on a draft 
                        recommendation; and
                            ``(ii) not later than 6 months after such 
                        determination, conclude such early review and 
                        make a final recommendation.
                    ``(E) Modification.--If the Task Force determines 
                that the scientific evidence supports the need to 
                modify a previous clinical preventive recommendation or 
                any portion thereof, as described in subparagraph 
                (C)(ii)(III), the Task Force shall finalize the 
                modified recommendation not later than 90 days after 
                such determination. Any modification approved under 
                this subparagraph shall be in effect until the next 
                review of such recommendation under the 5-year review 
                period described in paragraph (2).
            ``(6) Approval of clearance of certain products.--Not later 
        than 3 months after the approval or clearance by the Food and 
        Drug Administration of a screening test or preventive 
        medication that is a preventive strategy or modality pertaining 
        to but not included in a previous clinical preventive 
        recommendation of the Task Force, the Task Force shall 
        determine that the approval or clearance of the product--
                    ``(A) does not support the need for early action;
                    ``(B) supports the need for an early review of a 
                previous clinical preventive recommendation before the 
                previous recommendation is subject to full review under 
                the 5-year review period described in paragraph (2); or
                    ``(C) supports the need to modify a previous 
                clinical preventive recommendation or any portion 
                thereof before the previous recommendation is subject 
                to full review under the 5-year review period described 
                in paragraph (2), which may include recommending a new 
                clinical preventive service, screening test, or 
                preventive medication without reviewing or modifying 
                the eligible population in the previous 
                recommendation.'';
            (4) by inserting after paragraph (9), as so redesignated, 
        the following:
            ``(10) Definitions.--In this section:
                    ``(A) The term `public submission process' means an 
                online mechanism that allows any member of the general 
                public to submit scientific evidence for review by the 
                Scientific Director and the Task Force staff.
                    ``(B) The term `Scientific Director' means the 
                chief physician, researcher, and technical advisor for 
                the Task Force, as determined by the Director.''; and
            (5) by amending paragraph (11), as so redesignated, to read 
        as follows:
            ``(11) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as may be necessary for 
        each fiscal year to carry out the activities of the Task Force, 
        of which such sums as may be necessary are authorized to be 
        appropriated for fiscal years 2023 and 2024 to hire additional 
        staff to carry out paragraphs (4) and (5).''.
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