118 HR 4381 IH: PHE Congressional Review Act U.S. House of Representatives 2023-06-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 118th CONGRESS1st Session H. R. 4381 IN THE HOUSE OF REPRESENTATIVES June 27, 2023 Mr. Murphy (for himself and Mr. Guthrie) 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 the Public Health Service Act with respect to the determination, termination, and renewal of public health emergencies, and for other purposes.

1.

Short title

This Act may be cited as the PHE Congressional Review Act.

2.

Public health emergencies

Subsection (a) of section 319 of the Public Health Service Act (42 U.S.C. 247d) is amended to read as follows: (a)

Emergencies

(1)

In general

If the Secretary determines, after consultation with such public health officials as may be necessary, 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,the Secretary may take such action as may be appropriate to respond to the public health emergency, including making grants, providing awards for expenses, and entering into contracts and conducting and supporting investigations into the cause, treatment, or prevention of a disease or disorder as described in subparagraphs (A) and (B). (2)

Congressional review of nationwide emergencies

Not later than 6 months after the date on which a determination of a nationwide public health emergency is made, and every 6 months thereafter until the termination of such nationwide public health emergency, each House of Congress shall meet to consider a vote on a joint resolution to determine whether that emergency shall be terminated. (3)

Duration

(A)

Termination

Any determination of a public health emergency under paragraph (1) terminates upon the earlier of— (i)the Secretary declaring that the emergency no longer exists; (ii)the expiration of the 90-day period beginning on the date on which the determination is made by the Secretary; or (iii)upon the enactment of a joint resolution to terminate the emergency. (B)

Renewal

Determinations that terminate under clause (i) or (ii) of subparagraph (A) may be renewed by the Secretary (on the basis of the same or additional facts), and subparagraph (A) applies to each such renewal. (C)

Notification to Congress of renewal

Not later than 48 hours after making a determination under this subsection of a public health emergency (including a renewal), the Secretary shall submit to the Congress written notification of the determination..