I 
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 consider-
ation 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Terminate CDC Over-
reach Act’’. 
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SEC. 2. LIMITATION ON REGULATIONS RELATING TO CON-
TROL OF COMMUNICABLE DISEASES. 
(a) SCOPE OF AUTHORITY.—Section 361 of the Pub-
lic Health Service Act (42 U.S.C. 264) is amended— 
(1) in subsection (a), by striking ‘‘of the Sec-
retary’’ and inserting ‘‘of the Secretary, and subject 
to subsection (d),’’; and 
(2) in subsection (d)— 
(A) in paragraph (1), by striking ‘‘Regula-
tions 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, trans-
mission, or spread of communicable diseases 
among individuals’’; 
(B) in paragraph (2), in the matter pre-
ceding subparagraph (A), by inserting ‘‘as dem-
onstrated through a positive clinical test, rig-
orous 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 exam-
ination of specimens taken or derived from the human 
body for purposes of the diagnosis of a particular disease 
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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 au-
thorization, 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 enact-
ment 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 com-
municable 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 Cos-
metic 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).’’. 
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(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 enact-
ment 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 commu-
nicable 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 dis-
ease in a qualifying stage, will be moving from 
a State to another State; 
‘‘(ii) which shall be transmitted to the Con-
gress; and 
‘‘(iii) which shall only be effective until the ear-
lier of— 
‘‘(I) the date on which the Secretary deter-
mines such regulation is no longer necessary; or 
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‘‘(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 reso-
lution relating to the disapproval of regulations 
under section 361 of the Public Health Service Act 
relating to llll’ (The blank space being appro-
priately 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 llll, 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 Cos-
metic Act, including any regulation providing for 
such controls as may be necessary to ensure that 
blood products or other specimens that may carry a 
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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 enact-
ment of the Terminate CDC Overreach Act, the Secretary 
may not publish any rule or sub-regulatory recommenda-
tion, guidance, or policy with respect to control of a com-
municable disease that is intended to have broad applica-
bility 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 rec-
ommendation, guidance, or policy, which shall include, up-
dated 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 
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recommendation, guidance, or policy with respect to con-
trol of a communicable disease any such recommendation, 
guidance, or policy that is intended to influence the gen-
eral 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 Cos-
metic 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 RESOLU-
TION
OF DISAPPROVAL.—Section 361 of the Public 
Health Service Act (42 U.S.C. 264), as amended by sub-
section (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 regula-
tion under subsection (d)(5), the Speaker, if the 
House would otherwise be adjourned, shall notify the 
Members of the House that, pursuant to this sec-
tion, the House shall convene not later than the sec-
ond calendar day after receipt of such regulation. 
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‘‘(2) REPORTING AND DISCHARGE.—Any com-
mittee 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 dis-
charged from further consideration of the joint reso-
lution and the joint resolution shall be referred to 
the appropriate calendar. 
‘‘(3) PROCEEDING TO CONSIDERATION.—After 
each committee authorized to consider a joint resolu-
tion 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 regu-
lation 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 mo-
tion shall not be in order after the House has dis-
posed 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 dis-
posed of shall not be in order. 
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‘‘(4) CONSIDERATION.—The joint resolution 
shall be considered as read. All points of order 
against the joint resolution and against its consider-
ation are waived. The previous question shall be con-
sidered as ordered on the joint resolution to its pas-
sage without intervening motion except two hours of 
debate equally divided and controlled by the pro-
ponent 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 regula-
tion under subsection (d)(5), if the Senate has ad-
journed or recessed for more than 2 days, the major-
ity leader of the Senate, after consultation with the 
minority leader of the Senate, shall notify the Mem-
bers of the Senate that, pursuant to this section, the 
Senate shall convene not later than the second cal-
endar day after receipt of such message. 
‘‘(2) PLACEMENT ON CALENDAR.—Upon intro-
duction 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 
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in order at any time during the period begin-
ning 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 mo-
tion 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 dis-
posed of. 
‘‘(B) DEBATE.—Debate on the joint reso-
lution, and on all debatable motions and ap-
peals in connection therewith, shall be limited 
to not more than 10 hours, which shall be di-
vided equally between the majority and minority 
leaders or their designees. A motion further to 
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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 res-
olution 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 PROCE-
DURE.—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 re-
lating 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 fol-
lowing procedures shall apply: 
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‘‘(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
PRESI-
DENTIAL 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 be-
tween the majority and minority leaders or their des-
ignees. 
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‘‘(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 Representa-
tives, respectively, and as such are deemed a 
part of the rules of each House, respectively, 
but applicable only with respect to the proce-
dure 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 constitu-
tional 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.’’. 
Æ 
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