I 118th CONGRESS 2d Session H. R. 7093 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.

1. Short title This Act may be cited as the Public Health Emergency Accountability Act . 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. . 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.