I 
116TH CONGRESS 
2D SESSION 
H. R. 8640 
To amend the Public Health Service Act to establish the Public Health 
Oversight Panel to advise the agencies of the Public Health Service 
regarding the scientific basis for their actions, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 20, 2020 
Mr. RUSH (for himself, Mr. CA´RDENAS, Mr. CARSON of Indiana, Mr. COHEN, 
Mr. GARCI´A of Illinois, Ms. JACKSON LEE, Ms. ROYBAL-ALLARD, and 
Mr. SOTO) introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce 
A BILL 
To amend the Public Health Service Act to establish the 
Public Health Oversight Panel to advise the agencies 
of the Public Health Service regarding the scientific basis 
for their actions, 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 ‘‘Scientific Agencies 
Following Evidence and Guaranteeing that Unscientific 
Agendas are Refused and Denounced Act of 2020’’ or the 
‘‘SAFEGUARD Act of 2020’’. 
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SEC. 2. PUBLIC HEALTH OVERSIGHT PANEL. 
Part B of title II of the Public Health Service Act 
(42 U.S.C. 238 et seq.) is amended by adding at the end 
the following: 
‘‘SEC. 249. PUBLIC HEALTH OVERSIGHT PANEL. 
‘‘(a) ESTABLISHMENT.—There is established a per-
manent panel to be known as the Public Health Oversight 
Panel (in this section referred to as the ‘Panel’). 
‘‘(b) DUTIES.—The Panel shall— 
‘‘(1) in consultation with public health advisory 
committees determined by the Panel, advise the 
agencies of the Public Health Service regarding the 
scientific basis for their actions; and 
‘‘(2) during public health emergencies— 
‘‘(A) review regulations, guidance, and or-
ders of the agencies of the Public Health Serv-
ice, as described in subsection (c); and 
‘‘(B) as appropriate, make determinations 
pursuant to subsection (c)(2). 
‘‘(c) REVIEW
DURING
PUBLIC
HEALTH
EMER-
GENCIES.—Beginning not later than 3 months after the 
date of the enactment of this section, the head of each 
agency of the Public Health Service shall— 
‘‘(1) before issuing any final regulation, guid-
ance, or order relating to a public health emergency, 
during such public health emergency, give the Panel 
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an opportunity to review, in consultation with public 
health advisory committees determined by the Panel, 
the scientific basis underlying the regulation, guid-
ance, or order, including access to any relevant data 
in the possession of the agency; and 
‘‘(2) refrain from issuing such regulation, guid-
ance, or order if the Panel determines that— 
‘‘(A) such scientific basis is incorrect; or 
‘‘(B) the evidence in support of such sci-
entific basis is insufficient. 
‘‘(d) MEMBERSHIP.—The Panel shall be composed 
of— 
‘‘(1) the Assistant Secretary for Health, who 
shall serve as the Chair of the Panel; and 
‘‘(2) 6 experts who each have experience in sci-
entific review or oversight, to be appointed by the 
President, with the advice and consent of the Sen-
ate, from a list of individuals jointly nominated for 
appointment by— 
‘‘(A) the Speaker of the House of Rep-
resentatives; 
‘‘(B) the minority leader of the House of 
Representatives; 
‘‘(C) the majority leader of the Senate; and 
‘‘(D) the minority leader of the Senate. 
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‘‘(e) COMMITTEE CONSULTATION.—In nominating 
individuals under subsection (d), the Speaker of the House 
of Representatives, the minority leader of the House of 
Representatives, and the majority and minority leaders of 
the Senate shall consult with— 
‘‘(1) the Committee on Energy and Commerce 
of the House of Representatives; and 
‘‘(2) the Committee on Health, Education, 
Labor, and Pensions of the Senate. 
‘‘(f) TERMS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), members of the Panel shall be 
appointed for a term of 6 years and may be re-
appointed. 
‘‘(2) TERMS OF INITIAL APPOINTEES.—As des-
ignated by the President at the time of appointment, 
of the members first appointed— 
‘‘(A) 2 members shall be appointed for a 
term of 2 years; 
‘‘(B) 2 members shall be appointed for a 
term of 4 years; and 
‘‘(C) 2 members shall be appointed for a 
term of 6 years. 
‘‘(3) VACANCIES.—Any member appointed to 
fill a vacancy occurring before the expiration of the 
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term for which the member’s predecessor was ap-
pointed shall be appointed only for the remainder of 
that term. A member may serve after the expiration 
of that member’s term until a successor has taken 
office. 
‘‘(g) BASIC PAY.— 
‘‘(1) RATES OF PAY.—To the extent or in the 
amounts provided in advance in appropriation Acts, 
except as provided in paragraph (2), members of the 
Panel shall each be paid at a rate equal to the rate 
of basic pay for level III of the Executive Schedule. 
‘‘(2) PROHIBITION OF ADDITIONAL COMPENSA-
TION OF FEDERAL EMPLOYEES.—Members of the 
Panel who are full-time officers or employees of the 
United States may not receive additional pay, allow-
ances, or benefits by reason of their service on the 
Panel. 
‘‘(3) TRAVEL EXPENSES.—Each member shall 
receive travel expenses, including per diem in lieu of 
subsistence, in accordance with applicable provisions 
under subchapter I of chapter 57 of title 5, United 
States Code. 
‘‘(h) QUORUM.—A majority of the members serving 
on the Panel shall constitute a quorum. 
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‘‘(i) MEETINGS.—The Panel shall meet at the call of 
the Chair or a majority of its members. 
‘‘(j) DIRECTOR AND STAFF.— 
‘‘(1) DIRECTOR.—The Panel shall have a Direc-
tor who shall be appointed by the Chair, in consulta-
tion with the other members of the Panel. 
‘‘(2) STAFF.—The Director of the Panel may 
appoint such additional personnel as may be appro-
priate to carry out this section. 
‘‘(3) COMPENSATION.—The Panel shall fix the 
compensation of the Director and other personnel of 
the Panel in accordance with title 5, United States 
Code, except that the rate of pay for the Director 
and other personnel may not exceed the rate payable 
for level IV of the Executive Schedule under section 
5315 of that title. 
‘‘(k) SECURITY CLEARANCE.— 
‘‘(1) PANEL MEMBERS AND DIRECTOR CLEAR-
ANCES.—To be eligible for appointment under sub-
section (d)(2) to serve as a member of the Panel, 
and to be eligible to serve as the Director and as 
other personnel of the Panel, an individual shall be 
eligible for the necessary security clearance. 
‘‘(2) ACCELERATED PROCESSING.—The appro-
priate Federal agencies or departments shall cooper-
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ate with individuals referred to in paragraph (1) in 
expeditiously providing to such individuals security 
clearances to the extent possible pursuant to existing 
procedures and requirements, except that no person 
shall be provided with access to classified informa-
tion under this section without the appropriate secu-
rity clearances. 
‘‘(l) EXPERTS AND CONSULTANTS.—Subject to rules 
prescribed by the Panel, the Panel may procure temporary 
and intermittent services under section 3109(b) of title 5, 
United States Code, but at rates for individuals not to 
exceed the daily equivalent of the maximum annual rate 
payable for level IV of the Executive Schedule under sec-
tion 5315 of that title. 
‘‘(m) STAFF OF FEDERAL AGENCIES.—Upon request 
of the Panel, the head of any Federal department or agen-
cy may detail, on a reimbursable basis, any of the per-
sonnel of that department or agency to the Panel to assist 
it in carrying out its duties under this section. 
‘‘(n) POWERS OF THE PANEL.— 
‘‘(1) HEARINGS
AND
SESSIONS.—The Panel 
may, for the purpose of carrying out this section, 
hold hearings, sit and act at times and places, take 
testimony, and receive evidence as the Panel con-
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siders appropriate. The Panel may administer oaths 
or affirmations to witnesses appearing before it. 
‘‘(2) POWERS OF MEMBERS AND AGENTS.—Any 
member or agent of the Panel may, if authorized by 
the Panel, take any action which the Panel is au-
thorized to take by this section. 
‘‘(3) OBTAINING OFFICIAL DATA.—The Panel 
may secure directly from any department or agency 
of the United States information necessary to enable 
it to carry out this section. Upon request of the 
Chair of the Panel, the head of that department or 
agency shall furnish that information to the Panel. 
The Panel shall keep any information secured under 
this paragraph confidential to the same extent as the 
department or agency from which the information 
was secured is required by applicable law to keep 
such information confidential. 
‘‘(4) USES
AND
DISCLOSURES
FOR
PUBLIC 
HEALTH
ACTIVITIES.—For purposes of section 
164.512 of title 45, Code of Federal Regulations 
(and any successor regulation) the Panel is deemed 
to be a public health authority. 
‘‘(5) MAILS.—The Panel may use the United 
States mails in the same manner and under the 
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same conditions as other departments and agencies 
of the United States. 
‘‘(6) SUBPOENA POWER.— 
‘‘(A) IN GENERAL.—The Panel may issue 
subpoenas requiring the attendance and testi-
mony of witnesses and the production of any 
evidence relating to any matter about which the 
Panel is authorized by this section to advise the 
agencies of the Public Health Service. The at-
tendance of witnesses and the production of evi-
dence may be required from any place within 
the United States at any designated place of 
hearing within the United States. 
‘‘(B) FAILURE TO OBEY A SUBPOENA.—If 
a person refuses to obey a subpoena issued 
under subparagraph (A), the Panel may apply 
to a United States district court for an order 
requiring that person to appear before the 
Panel to give testimony, produce evidence, or 
both, relating to the matter under investigation. 
The application may be made within the judicial 
district where the hearing is conducted or where 
that person is found, resides, or transacts busi-
ness. Any failure to obey the order of the court 
may be punished by the court as civil contempt. 
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‘‘(C) SERVICE OF SUBPOENAS.—The sub-
poenas of the Panel shall be served in the man-
ner provided for subpoenas issued by a United 
States district court under the Federal Rules of 
Civil Procedure for the United States district 
courts. 
‘‘(D) SERVICE OF PROCESS.—All process 
of any court to which application is made under 
subparagraph (B) may be served in the judicial 
district in which the person required to be 
served resides or may be found. 
‘‘(o) PUBLIC HEALTH EMERGENCY DEFINED.—In 
this section, the term ‘public health emergency’ means a 
public health emergency for which a declaration is in effect 
under section 319.’’. 
Æ 
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