Title: Keeping Renters Safe Act
Policy area: Health

Summary:
Keeping Renters Safe Act
This bill expressly authorizes the Department of Health and Human Services (HHS) to place a moratorium on residential evictions to prevent the spread of communicable diseases. The bill also requires HHS to implement a moratorium nationwide to reduce the spread of COVID-19. This moratorium must remain in effect for at least 60 days following the termination of the COVID-19 public health emergency.
Current law authorizes HHS to take measures to prevent the spread of communicable diseases. As part of the COVID-19 response, HHS delegated this authority to the Centers for Disease Control and Prevention (CDC), which then issued (and extended) several orders banning residential evictions. Whether these orders exceed the CDC's statutory and constitutional authority has been the subject of multiple legal challenges; the Supreme Court blocked enforcement of the most recent order on August 26, 2021.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2776 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 2776

    To clarify that the Secretary of Health and Human Services has 
  authority to implement a residential eviction moratorium under the 
 quarantine authority vested by the Public Health Service Act, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 21, 2021

   Ms. Warren (for herself, Mr. Markey, Mr. Padilla, Ms. Hirono, Mr. 
Sanders, and Mrs. Gillibrand) introduced the following bill; which was 
 read twice and referred to the Committee on Health, Education, Labor, 
                              and Pensions

_______________________________________________________________________

                                 A BILL


 
    To clarify that the Secretary of Health and Human Services has 
  authority to implement a residential eviction moratorium under the 
 quarantine authority vested by the Public Health Service Act, 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 ``Keeping Renters Safe Act''.

SEC. 2. CLARIFICATION HHS HAS AUTHORITY FOR RESIDENTIAL EVICTION 
              MORATORIA.

    Section 361 of the Public Health Service Act (42 U.S.C. 264) is 
amended--
            (1) by redesignating subsection (e) as subsection (f); and
            (2) by inserting after subsection (d) the following:
    ``(e) Consistent with the standard described in subsection (a), 
regulations under this section may implement, maintain, or extend a 
residential eviction moratorium.''.

SEC. 3. COVID-19 EVICTION MORATORIUM.

    (a) In General.--The Secretary of Health and Human Services shall 
implement a national residential eviction moratorium under section 361 
of the Public Health Service Act (42 U.S.C. 264) to reduce the 
introduction, transmission, and spread of COVID-19 and otherwise 
address the public health emergency declared under section 319 of the 
such Act (42 U.S.C. 247d) with respect to COVID-19.
    (b) Applicability.--The moratorium under subsection (a) shall--
            (1) be automatic, without requiring individuals to apply 
        for coverage; and
            (2) apply to all residential eviction filings, hearings, 
        judgments, and execution of judgments, except that the 
        Secretary of Health and Human Services may establish moratorium 
        exceptions necessary to protect the health and safety of 
        others.
    (c) Period Following Public Health Emergency.--The moratorium under 
subsection (a) shall remain in effect at least 60 days after the 
conclusion of the public health emergency described in such subsection, 
including any extensions thereof.
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