[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3383 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 3383

  To reform the Centers for Disease Control and Prevention, limit the 
      scope of public health authorities, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 30, 2023

Mr. Schmitt (for himself and Mr. Braun) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
  To reform the Centers for Disease Control and Prevention, limit the 
      scope of public health authorities, 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 ``End COVID Tyranny Act''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the vaccine mandate in response to COVID-19 that 
        applied to military personnel and the resulting discharge of 
        servicemen and servicewomen threatened our military readiness;
            (2) prolonged school closures in response to COVID-19 
        directly impacted students' schooling and contributed to 
        learning loss;
            (3) steps to distribute vaccines based on race do not 
        reflect the values of the United States;
            (4) during the COVID-19 public health emergency, Federal 
        agencies colluded with private corporations to stifle 
        legitimate political speech and infringe on the first amendment 
        rights of Americans;
            (5) economic lockdowns threatened the livelihoods of 
        American families, and directly led to record closures of small 
        businesses;
            (6) on account of the Centers for Disease Control and 
        Prevention's inconsistent and confusing messaging, which was 
        not based on science, the United States relinquished its 
        ability to effectively control the pandemic;
            (7) forced lockdowns worsened an already pressing mental 
        health crisis, leading to an increase in suicides rates and 
        drug abuse; and
            (8) the roles of the Centers for Disease Control and 
        Prevention and other agencies and offices of the Department of 
        Health and Human Services are strictly advisory, and such 
        agencies and offices have not been empowered by Congress to 
        establish laws or mandates.

SEC. 3. PROHIBITIONS ON IMPOSING A MASK MANDATE IN EDUCATION SETTINGS.

    (a) Definitions.--In this section:
            (1) Applicable period.--The term ``applicable period'' 
        means the period that begins on the date of enactment of this 
        Act and ends on December 31, 2024.
            (2) Head start program.--The term ``Head Start program'' 
        means such a program, including an Early Head Start program, 
        carried out under the Head Start Act (42 U.S.C. 9831 et seq.).
            (3) Mask.--The term ``mask'' means a material covering the 
        nose and mouth of the wearer, excluding face shields.
            (4) Mask mandate.--The term ``mask mandate'' means an 
        order, directive, or ordinance, in response to a public health 
        emergency, that requires an individual to wear a mask to enter, 
        or remain in, a facility.
    (b) Restriction on the Use of Federal Funds.--During the applicable 
period, notwithstanding any other provision of law, no Federal funds 
may be obligated or expended to propose, establish, implement, or 
enforce, directly or indirectly through the imposition of a condition 
on receipt of Federal funds, any requirement that an individual wear a 
mask or comply with a mask mandate while in a facility of a Head Start 
program.
    (c) No Mask Requirements in Schools or Institutions of Higher 
Education.--Notwithstanding any other provision of law, during the 
applicable period, neither the President nor any other Federal officer, 
employee, agency, or office, shall issue or enforce a mask mandate 
requiring individuals to wear a mask in any facility of a Head Start 
program.
    (d) No Authority To Refuse Access to Education.--During the 
applicable period, a Head Start program shall not refuse entry to, or 
participation in, any educational service or activity to a child, 
teacher, parent, or other individual on the basis that the child, 
teacher, parent, or other individual refuses to wear a mask or comply 
with a mask mandate during the educational service or activity.
    (e) No Authority To Issue or Enforce Mask Mandates in Educational 
Settings in Response to a Public Health Emergency.--Section 361 of the 
Public Health Service Act (42 U.S.C. 264) is amended by adding at the 
end the following:
    ``(f) Nothing in this section authorizes the Secretary to require 
individuals to comply with a mask mandate (as defined in section 2(a) 
of the End COVID Tyranny Act) in any facility of a Head Start program 
(as defined in such section 2(a)) in response to a public health 
emergency declared under section 319 during the applicable period (as 
defined in such section 2(a)).''.

SEC. 4. APPOINTMENT AND AUTHORITY OF THE DIRECTOR OF THE CENTERS FOR 
              DISEASE CONTROL AND PREVENTION; TERMS OF CDC AND NIH 
              DIRECTORS.

    (a) Appointment Authority.--Section 2101(b) of the Prepare for and 
Respond to Existing Viruses, Emerging New Threats, and Pandemics Act 
(Public Law 117-328) is amended by striking ``January 20, 2025'' and 
inserting ``the date of enactment of the End COVID Tyranny Act''.
    (b) Term of CDC Director.--Section 305(a) of the Public Health 
Service Act (42 U.S.C. 242c(a)) is amended by adding at the end the 
following: ``No individual may serve as Director for a total period of 
more than 12 years.''.
    (c) Term of NIH Director.--Section 402(a) of the Public Health 
Service Act (42 U.S.C. 282(a)) is amended by adding at the end the 
following: ``No individual may serve as Director of NIH for a total 
period of more than 12 years.''.

SEC. 5. LIMITING THE CDC STRATEGIC PLAN.

    Section 305(c)(2)(A) of the Public Health Service Act (42 U.S.C. 
242c-1(c)(2)(A)) is amended--
            (1) in clause (i), by striking ``and noncommunicable 
        diseases or conditions, and addressing injuries, and 
        occupational and environmental hazards'' and inserting 
        ``diseases'';
            (2) in clause (ii), by striking ``or conditions'';
            (3) in clause (iii), by adding ``and'' at the end;
            (4) in clause (iv), by striking ``; and'' and inserting a 
        period; and
            (5) by striking clause (v).

SEC. 6. ADVISORY COMMITTEE TO THE CDC DIRECTOR.

    Section 305A(c) of the Public Health Service Act (42 U.S.C. 242c-
1(c)) is amended--
            (1) in paragraph (1), by striking ``by the Secretary 
        under'' and inserting ``as described in''; and
            (2) in paragraph (3), by striking subparagraphs (A) and (B) 
        and inserting the following:
                    ``(A) Three members shall be appointed by the 
                Secretary of Health and Human Services--
                            ``(i) 1 of whom shall be appointed to 
                        represent the Department of Health and Human 
                        Services; and
                            ``(ii) 1 of whom shall be a public health 
                        official.
                    ``(B) Two members shall be appointed by the 
                majority leader of the Senate.
                    ``(C) Two members shall be appointed by the 
                minority leader of the Senate.
                    ``(D) Two members shall be appointed by the Speaker 
                of the House of Representatives.
                    ``(E) Two members shall be appointed by the 
                minority leader of the House of Representatives.
                    ``(F) Four members shall be appointed by the 
                Comptroller General of the United States.''.

SEC. 7. LIMITING THE SCOPE OF REGULATIONS OF THE DEPARTMENT OF HEALTH 
              AND HUMAN SERVICES TO CONTROL COMMUNICABLE DISEASES.

    Section 361(a) of the Public Health Service Act (42 U.S.C. 264(a)) 
is amended to read as follows:
    ``(a) To prevent the introduction, transmission, or spread of 
communicable diseases from foreign countries into the States or 
possessions, or from one State or possession into any other State or 
possession, the Secretary may make and enforce regulations for the 
inspection, fumigation, disinfection, sanitation, pest extermination, 
or destruction of animals or articles found to be so infected or 
contaminated as to be sources of dangerous infection to human 
beings.''.

SEC. 8. ELIGIBILITY FOR ORGAN TRANSPLANTATION.

    (a) In General.--Notwithstanding any other provision of law--
            (1) no individual may be determined to be ineligible for 
        organ donation or receipt of an organ transplant on the basis 
        of the COVID-19 vaccination status of the individual;
            (2) no individual may be given a higher or lower priority 
        for such a donation or receipt on such basis; and
            (3) the incidence of COVID-19 positive rates in a 
        geographic area or region, as determined by public health 
        officials, may not be a factor in determining eligibility to 
        donate organs or to receive organs.
    (b) Application of Requirements.--Paragraphs (1) through (3) of 
subsection (a) shall apply with respect to all organ donations and 
receipt of organ transplants in the United States, including under the 
laws administered by the Secretary of Veterans Affairs and the laws 
administered by the Secretary of Defense.
    (c) Organ Procurement and Transplantation Network.--Section 372(b) 
of the Public Health Service Act (42 U.S.C. 274(b)) is amended by 
adding at the end the following:
            ``(4) Clarification regarding covid-19 vaccination 
        status.--The criteria and standards established under paragraph 
        (2) may not include any consideration of the COVID-19 
        vaccination status of organ donors or recipients, or of the 
        incidence of COVID-19 positive rates in a geographic area or 
        region, as determined by public health officials.''.

SEC. 9. CONGRESSIONAL APPROVAL FOR PUBLIC HEALTH EMERGENCIES.

    Section 319(a) of the Public Health Service Act (42 U.S.C. 247d(a)) 
is amended by striking the third and fourth sentences and inserting the 
following: ``Determinations that terminate under the preceding sentence 
may be renewed by a majority vote in both chambers of Congress, and 
such a renewal period terminates upon the Secretary declaring that the 
emergency no longer exists or the expiration of the 90-day period 
beginning on the date on which both chambers of Congress have voted in 
favor of such renewal, whichever occurs first. Not later than 48 hours 
after making a determination under this subsection of a public health 
emergency, the Secretary shall submit to the Congress written 
notification of the determination.''.

SEC. 10. HOSPITAL VISITATION.

    (a) In General.--Section 1861(e)(8) of the Social Security Act (42 
U.S.C. 1395x(e)(8)) is amended--
            (1) in paragraph (8), by striking ``and'' at the end;
            (2) by redesignating paragraph (9) as paragraph (10); and
            (3) by inserting after paragraph (8) the following new 
        paragraph:
            ``(9) has written policies and procedures regarding the 
        visitation rights of individuals receiving items and services 
        at the institution, which shall include--
                    ``(A) a description of any clinically necessary or 
                reasonable restriction or limitation that such 
                institution may need to place on such rights and the 
                reasons for the clinical restriction or limitation; and
                    ``(B) a requirement that such institution inform 
                each such individual of--
                            ``(i) the right, subject to the 
                        individual's consent, to receive the visitors 
                        whom the individual designates, including a 
                        spouse, another family member, or a friend; and
                            ``(ii) the individual's right to withdraw 
                        or deny such consent at any time; and''.
    (b) Conforming Amendments.--Section 1861(e)(8) of the Social 
Security Act (42 U.S.C. 1395x(e)(8)) is amended, in the flush matter 
following paragraph (1), as redesignated by subsection (a)(2)--
            (1) in subparagraph (B), by striking ``paragraph (9)'' and 
        inserting ``paragraph (10)''; and
            (2) in subparagraph (C), by striking ``paragraph (9)'' each 
        place it appears and inserting ``paragraph (10)''.
    (c) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date that is 1 year after the date of enactment of 
this section.

SEC. 11. FOREIGN LABORATORY INSPECTIONS AND CERTIFICATION.

    (a) In General.--Section 495 of the Public Health Service Act (42 
U.S.C. 289d) is amended by adding at the end the following:
    ``(f) Inspection and Certification of Foreign Laboratories.--
            ``(1) In general.--As a condition of eligibility to perform 
        research involving animals under a grant, contract, or 
        cooperative agreement administered by the National Institutes 
        of Health or any national research institute, a laboratory 
        located outside the United States that receives Federal funds 
        shall be subject to quarterly inspections to evaluate 
        compliance with the requirements under this title.
            ``(2) Inspection and certification requirements.--
                    ``(A) Quarterly inspection process.--The Secretary, 
                in consultation with appropriate foreign regulatory 
                authorities and international organizations, shall 
                establish and implement a process for conducting 
                quarterly inspections of foreign laboratories that have 
                received an Animal Welfare Assurance (as defined in 
                section 9.2 of title 42, Code of Federal Regulations) 
                to ensure their continued compliance with the 
                requirements under this title.
                    ``(B) Assurances.--The inspection process 
                established by the Secretary pursuant to subparagraph 
                (A) shall evaluate the compliance of foreign 
                laboratories with the requirements under subsection 
                (c)(1), including--
                            ``(i) the establishment and operation of 
                        animal care committees;
                            ``(ii) the review and evaluation of animal 
                        care and treatment; and
                            ``(iii) proper record-keeping and reporting 
                        procedures.
            ``(3) Certification of compliance and public access.--
                    ``(A) Issuance.--Following each quarterly 
                inspection required under paragraph (2), the inspecting 
                authority shall issue a certification of compliance to 
                the laboratories determined to be in compliance with 
                the requirements under paragraph (2)(B).
                    ``(B) Public access.--Copies of the certificates of 
                compliance issued pursuant to subparagraph (A) shall be 
                maintained by the Office of Laboratory Animal Welfare 
                and shall remain publicly accessible with other 
                information about currently issued Animal Welfare 
                Assurances.
                    ``(C) Corrective action.--Laboratories that fail to 
                comply with the requirements under paragraph (2)(B) 
                shall be given a reasonable opportunity to take 
                corrective action.
            ``(4) Suspension or revocation of grant or contract for 
        non-compliant foreign laboratories.--If the Secretary 
        determines that a foreign facility is not in compliance with 
        the requirements under subsection (c)(1) and does not take 
        appropriate corrective action after given a reasonable 
        opportunity to do so, the Secretary shall suspend or revoke the 
        applicable grant, contract, or cooperative agreement involving 
        research on animals under such conditions as the Director of 
        NIH determines appropriate, in accordance with subsection (d).
            ``(5) Designation of inspecting authority.--The Secretary, 
        in consultation with the Director of NIH, shall designate an 
        appropriate authority to conduct the quarterly inspections 
        required under paragraph (2) and issue certifications of 
        compliance in accordance with paragraph (3).
            ``(6) Coordination with foreign authorities.--The Secretary 
        and the Director of NIH shall coordinate with appropriate 
        foreign regulatory authorities and enter into agreements with 
        foreign governments, as needed, to facilitate the 
        implementation and enforcement of this subsection while 
        respecting the sovereignty and laws of foreign nations.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date that is 180 days after the date of enactment of 
this Act.

SEC. 12. TRANSFER OF OFFICES TO NIH.

    (a) In General.--Effective on the date that is 2 years after the 
date of enactment of this Act, notwithstanding any other provision of 
law, the authorities, functions, personnel, and assets of the offices 
described in subsection (b) shall be transferred from the Centers for 
Disease Control and Prevention to the National Institutes of Health.
    (b) Offices Described.--The offices described in this subsection 
are the following:
            (1) The National Center on Birth Defects and Developmental 
        Disabilities.
            (2) The National Center for Chronic Disease Prevention and 
        Health Promotion.
            (3) The National Center for Environmental Health.
            (4) The Agency for Toxic Substances and Disease Registry.
            (5) The National Center for Health Statistics.
            (6) The National Center for HIV, Viral Hepatitis, STD, and 
        TB Prevention.
            (7) The National Center for Injury Prevention and Control.
            (8) The National Institute for Occupational Safety and 
        Health.

SEC. 13. REGULATIONS.

    Not later than 90 days after the date of enactment of this Act, the 
Secretary of Health and Human Services shall issue such new or revised 
regulations as are necessary to carry out this Act (including the 
amendments made by this Act).

SEC. 14. PREEMPTION.

    The provisions of this Act (including the amendments made by this 
Act) shall supersede any provision of Federal, State, Tribal, 
territorial, or local law, declaration, guidance, or directive to the 
extent that such law, declaration, guidance, or directive is 
inconsistent with this Act (including such amendments).
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