[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7093 Introduced in House (IH)]

<DOC>






118th CONGRESS
  2d Session
                                H. R. 7093

   To provide for Congressional approval of public health emergency 
                 declarations, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 25, 2024

  Mr. Moore of Alabama (for himself and Mr. Brecheen) 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 provide for Congressional approval of public health emergency 
                 declarations, 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 ``Public Health Emergency 
Accountability Act''.

SEC. 2. REQUIREMENTS RELATING TO DECLARATION AND RENEWAL OF PUBLIC 
              HEALTH EMERGENCIES.

    (a) In General.--Section 319(a) of the Public Health Service Act 
(42 U.S.C. 247d(a)) is amended to read as follows:
    ``(a) Declarations and Renewals.--
            ``(1) In general.--If the Secretary makes a determination 
        described in paragraph (2), then after consultation with such 
        public health officials as may be necessary the Secretary 
        shall--
                    ``(A) issue a declaration with respect to that 
                determination that specifies the provisions of law 
                under which the Secretary proposes that the Secretary 
                or other officers will act;
                    ``(B) immediately publish in the Federal Register 
                such declaration; and
                    ``(C) transmit to the Congress such declaration and 
                the report under subsection (i).
            ``(2) Determination that public health emergency exists.--
        The determination described in this paragraph is a 
        determination by the Secretary 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.
            ``(3) Termination.--
                    ``(A) Initial declaration.--Any initial declaration 
                of a public health emergency under this section shall 
                terminate on the earliest of--
                            ``(i) subject to subsection (j)(2)(B)(ii), 
                        the date that is 90 days after the date on 
                        which the declaration under paragraph (1) is 
                        published in the Federal Register;
                            ``(ii) the date on which such emergency is 
                        terminated under a subsequently enacted Federal 
                        law; or
                            ``(iii) the date on which the Secretary 
                        issues a declaration terminating the public 
                        health emergency.
                    ``(B) Renewals.--Any renewal of a public health 
                emergency under this section shall terminate on the 
                earliest of--
                            ``(i) subject to subsection (j)(2)(B)(ii), 
                        the date that is 1 year after the date on which 
                        the renewal under paragraph (4)(A) is published 
                        in the Federal Register; or
                            ``(ii) the date described in clause (ii) or 
                        (iii) of subparagraph (A).
            ``(4) Renewals.--
                    ``(A) In general.--A public health emergency 
                declared under paragraph (1) (or any renewal thereof), 
                may be renewed only if--
                            ``(i) the Secretary publishes in the 
                        Federal Register and transmits to Congress a 
                        declaration renewing the emergency (or the most 
                        recent renewal); and
                            ``(ii) there is enacted into law a joint 
                        resolution renewing the emergency pursuant to 
                        subsection (j).
                    ``(B) No renewal if already terminated.--A public 
                health emergency declared under paragraph (1) may not 
                be renewed if such emergency has already terminated 
                under paragraph (3).
                    ``(C) Substantially similar declarations.--Any 
                declaration under paragraph (1) that is based on 
                circumstances stemming from a nexus of facts or events 
                that is substantially similar to that on which an 
                earlier declaration under such paragraph was issued 
                shall be treated as a renewal of the earlier 
                declaration for purposes of this section.
            ``(5) Effect of termination.--
                    ``(A) In general.--Effective on the date of the 
                termination of a public health emergency under 
                paragraph (3)--
                            ``(i) except as provided by subparagraph 
                        (B), any authorities exercised by reason of the 
                        emergency shall cease to be exercised;
                            ``(ii) any amounts reprogrammed or 
                        transferred under any provision of law with 
                        respect to the emergency that remain 
                        unobligated on that date shall be returned and 
                        made available for the purpose for which such 
                        amounts were appropriated; and
                            ``(iii) any contracts entered into under 
                        any provision of law for construction relating 
                        to the emergency shall be terminated unless 
                        construction commenced under the contract 
                        before that date.
                    ``(B) Savings provision.--Except as specifically 
                provided in subparagraph (A), the termination of a 
                public health emergency shall not affect--
                            ``(i) any action taken or proceeding 
                        pending not finally concluded or determined on 
                        the date of the termination under paragraph 
                        (3);
                            ``(ii) any action or proceeding based on 
                        any act committed prior to that date; or
                            ``(iii) any rights or duties that matured 
                        or penalties that were incurred prior to that 
                        date.''.
    (b) Reports.--Section 319 of the Public Health Service Act (42 
U.S.C. 247d) is amended by adding at the end the following:
    ``(i) Reports.--
            ``(1) Reports on emergencies.--The Secretary shall transmit 
        to Congress, with any declaration of a public health emergency 
        under subsection (a) (or any renewal thereof), including any 
        such emergency of a duration that is less than 90 days, a 
        report, in writing, that includes the following:
                    ``(A) A description of--
                            ``(i) the circumstances necessitating the 
                        declaration of a public health emergency or the 
                        renewal of such an emergency; and
                            ``(ii) the use of any emergency authority 
                        specified in the declaration or renewal 
                        thereof.
                    ``(B) The estimated duration of the public health 
                emergency.
                    ``(C) A summary of the actions the Secretary or 
                other officers intend to take, including any 
                reprogramming or transfer of funds, and the statutory 
                authorities the Secretary and such officers expect to 
                rely on in addressing the public health emergency.
                    ``(D) In the case of a renewal of a public health 
                emergency, a summary of the actions the Secretary or 
                other officers have taken during the preceding 
                declaration or renewal, including any reprogramming or 
                transfer of funds, to address the emergency.
            ``(2) Provision of information to congress.--In addition to 
        reports under paragraph (1), the Secretary shall provide to 
        Congress such other information as Congress may request in 
        connection with any public health emergency in effect under 
        this section.
            ``(3) Periodic reports on status of emergencies.--The 
        Secretary shall report to Congress on the status of any public 
        health emergency, including any such emergency of a duration 
        that is less than 90 days, declared under this section and the 
        actions the Secretary or other officers have taken and 
        authorities the Secretary and such officers have relied on in 
        addressing the emergency. Such reports shall be made not less 
        frequently than every 90 days for the duration of the public 
        health emergency (or renewal thereof). 
    ``(j) Joint Resolutions of Approval or Termination.--
            ``(1) Joint resolution defined.--For purposes of this 
        section, the term `joint resolution' means a joint resolution 
        that contains each of the following provisions after its 
        resolving clause:
                    ``(A) A provision approving or terminating a 
                declaration of a public health emergency made under 
                subsection (a) (or a renewal thereof).
                    ``(B) A provision approving or terminating the use 
                of the authorities specified in such declaration or 
                renewal.
            ``(2) Procedures for consideration of joint resolutions.--
                    ``(A) Introduction.--After the Secretary transmits 
                to Congress a declaration of a public health emergency 
                under subsection (a) (or a renewal thereof), a joint 
                resolution may be introduced in either House of 
                Congress by any member of that House.
                    ``(B) Requests to convene congress during 
                recesses.--
                            ``(i) In general.--If, when the Secretary 
                        transmits to Congress a declaration of a public 
                        health emergency under subsection (a) (or a 
                        renewal thereof), Congress has adjourned sine 
                        die or has adjourned for any period in excess 
                        of 3 calendar days, the Speaker of the House of 
                        Representatives and the President pro tempore 
                        of the Senate, if they deem it advisable (or if 
                        petitioned by at least one-third of the 
                        membership of their respective Houses) shall 
                        jointly request the President to convene 
                        Congress in order that it may consider the 
                        declaration and take appropriate action 
                        pursuant to this section.
                            ``(ii) Exception if congress is unable to 
                        convene.--If Congress is physically unable to 
                        convene as a result of an armed attack upon the 
                        United States or another national emergency, 
                        the 90-day period under subsection (a)(3)(A) or 
                        the 1-year period under subsection (a)(3)(B), 
                        as applicable, shall begin on the first day 
                        Congress convenes for the first time after the 
                        attack or other emergency.
                    ``(C) Committee referral.--A joint resolution shall 
                be referred to the Committee on Energy and Commerce of 
                the House of Representatives and the Committee on 
                Health, Education, Labor and Pensions of the Senate and 
                any other committee or committees having jurisdiction 
                over the emergency authorities invoked by the 
                declaration that is the subject of the joint 
                resolution.
                    ``(D) Consideration in senate.--In the Senate, the 
                following shall apply:
                            ``(i) Reporting and discharge.--If the 
                        committee to which a joint resolution has been 
                        referred has not reported it at the end of 10 
                        calendar days after its introduction, that 
                        committee shall be automatically discharged 
                        from further consideration of the resolution 
                        and it shall be placed on the calendar.
                            ``(ii) Proceeding to consideration.--
                        Notwithstanding rule XXII of the Standing Rules 
                        of the Senate, when the committee to which a 
                        joint resolution is referred has reported the 
                        resolution, or when that committee is 
                        discharged under clause (i) from further 
                        consideration of the resolution, it is at any 
                        time thereafter in order (even though a 
                        previous motion to the same effect has been 
                        disagreed to) for a motion to proceed to the 
                        consideration of the joint resolution to be 
                        made, and all points of order against the joint 
                        resolution (and against consideration of the 
                        joint resolution) are waived. The motion to 
                        proceed is subject to 4 hours of debate divided 
                        equally between those favoring and those 
                        opposing the joint resolution. The motion is 
                        not subject to amendment, or to a motion to 
                        postpone, or to a motion to proceed to the 
                        consideration of other business.
                            ``(iii) Floor consideration.--A joint 
                        resolution shall be subject to 10 hours of 
                        debate, to be divided evenly between the 
                        proponents and opponents of the resolution.
                            ``(iv) Amendments.--
                                    ``(I) In general.--Except as 
                                provided in subclause (II), no 
                                amendments shall be in order with 
                                respect to a joint resolution.
                                    ``(II) Amendments to strike or add 
                                specified provisions of law.--Subclause 
                                (I) shall not apply with respect to any 
                                amendment to strike from or add to the 
                                list required by paragraph (1)(B) a 
                                provision or provisions of law 
                                specified by the Secretary in the 
                                declaration.
                            ``(v) Motion to reconsider final vote.--A 
                        motion to reconsider a vote on final passage of 
                        a joint resolution shall not be in order.
                            ``(vi) Appeals.--Points of order, including 
                        questions of relevancy, and appeals from the 
                        decision of the Presiding Officer, shall be 
                        decided without debate.
                    ``(E) Consideration in house of representatives.--
                In the House of Representatives, if any committee to 
                which a joint resolution has been referred has not 
                reported it to the House at the end of 10 calendar days 
                after its introduction, such committee shall be 
                discharged from further consideration of the joint 
                resolution, and it shall be placed on the appropriate 
                calendar. On Thursdays it shall be in order at any time 
                for the Speaker to recognize a Member who favors 
                passage of a joint resolution that has appeared on the 
                calendar for at least 3 calendar days to call up that 
                joint resolution for immediate consideration in the 
                House without intervention of any point of order. When 
                so called up a joint resolution shall be considered as 
                read and shall be debatable for 10 hours equally 
                divided and controlled by the proponent and an 
                opponent, and the previous question shall be considered 
                as ordered to its passage without intervening motion. 
                It shall not be in order to reconsider the vote on 
                passage. If a vote on final passage of the joint 
                resolution has not been taken on or before the close of 
                the tenth calendar day after the resolution is reported 
                by the committee or committees to which it was 
                referred, or after such committee or committees have 
                been discharged from further consideration of the 
                resolution, such vote shall be taken on that day.
                    ``(F) Receipt of resolution from other house.--If, 
                before passing a joint resolution, one House receives 
                from the other a joint resolution from the other House, 
                then--
                            ``(i) the joint resolution of the other 
                        House shall not be referred to a committee and 
                        shall be deemed to have been discharged from 
                        committee on the day it is received; and
                            ``(ii) the procedures set forth in 
                        subparagraph (D) or (E), as applicable, shall 
                        apply in the receiving House to the joint 
                        resolution received from the other House to the 
                        same extent as such procedures apply to a joint 
                        resolution of the receiving House.
                    ``(G) Rule of construction.--The enactment of a 
                joint resolution under this subsection shall not be 
                interpreted to serve as a grant or modification by 
                Congress of statutory authority for the emergency 
                powers of the Secretary.''.

SEC. 3. APPLICABILITY.

    (a) In General.--Except as provided in subsection (b), the 
amendments made by this Act shall take effect on the date of enactment 
of this Act.
    (b) Application to Public Health Emergencies Previously Declared.--
If a public health emergency was declared under section 319(a) of the 
Public Service Act (42 U.S.C. 247d(a)), as in effect on the day before 
the date of the enactment of this Act, and such declaration (or a 
renewal thereof) remains in effect as of the date of enactment of this 
Act, such declaration (and any renewal thereof)--
            (1) shall terminate not later than the date that is 1 year 
        after the date of enactment of this Act; and
            (2) may be renewed on or after the date that is 1 year 
        after the date of enactment of this Act only in accordance with 
        the amendments made by this Act.
    (c) Effect of Future Laws.--No law enacted after the date of 
enactment of this Act shall supersede this Act or any amendment made by 
this Act unless such law does so in specific terms, referring to this 
Act or the provision of law amended by this Act, and declaring that 
such law supersedes the relevant provision of this Act or the relevant 
provision of law amended by this Act.
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