118 HR 6305 IH: Terminate CDC Overreach Act
U.S. House of Representatives
2023-11-08
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EN
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I
118th CONGRESS
1st Session
H. R. 6305
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.
1.

Short title
This Act may be cited as the “Terminate CDC Overreach Act”.
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.”.