[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6305 Introduced in House (IH)]

<DOC>






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.''.
                                 <all>