End COVID Tyranny Act

Bill: 118-s-3383
Sponsor: full_name: Sen. Schmitt, Eric [R-MO]
Introduced: 2023-11-30
Policy area: Health
Latest action: action_date: 2023-11-30
text: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Summaries:

tv_txt: II 118th CONGRESS 1st Session S. 3383 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.

1. Short title This Act may be cited as the End COVID Tyranny Act . 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. 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)). . 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. . 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). 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. . 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. . 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. . 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. . 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. 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. 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. 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). 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).