HR4381-118

1. Short title This Act may be cited as the PHE Congressional Review Act.

2. Public health emergencies Subsection (a) of section 319 of the Public Health Service Act (42 U.S.C. 247d) is amended to read as follows: If the Secretary determines, after consultation with such public health officials as may be necessary, that— a disease or disorder presents a public health emergency; or a public health emergency, including significant outbreaks of infectious diseases or bioterrorist attacks, otherwise exists, Not later than 6 months after the date on which a determination of a nationwide public health emergency is made, and every 6 months thereafter until the termination of such nationwide public health emergency, each House of Congress shall meet to consider a vote on a joint resolution to determine whether that emergency shall be terminated. Any determination of a public health emergency under paragraph (1) terminates upon the earlier of— the Secretary declaring that the emergency no longer exists; the expiration of the 90-day period beginning on the date on which the determination is made by the Secretary; or upon the enactment of a joint resolution to terminate the emergency. Determinations that terminate under clause (i) or (ii) of subparagraph (A) may be renewed by the Secretary (on the basis of the same or additional facts), and subparagraph (A) applies to each such renewal. Not later than 48 hours after making a determination under this subsection of a public health emergency (including a renewal), the Secretary shall submit to the Congress written notification of the determination. (a)Emergencies (1)In generalIf the Secretary determines, after consultation with such public health officials as may be necessary, 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,the Secretary may take such action as may be appropriate to respond to the public health emergency, including making grants, providing awards for expenses, and entering into contracts and conducting and supporting investigations into the cause, treatment, or prevention of a disease or disorder as described in subparagraphs (A) and (B). (2)Congressional review of nationwide emergenciesNot later than 6 months after the date on which a determination of a nationwide public health emergency is made, and every 6 months thereafter until the termination of such nationwide public health emergency, each House of Congress shall meet to consider a vote on a joint resolution to determine whether that emergency shall be terminated. (3)Duration (A)TerminationAny determination of a public health emergency under paragraph (1) terminates upon the earlier of— (i)the Secretary declaring that the emergency no longer exists; (ii)the expiration of the 90-day period beginning on the date on which the determination is made by the Secretary; or (iii)upon the enactment of a joint resolution to terminate the emergency. (B)RenewalDeterminations that terminate under clause (i) or (ii) of subparagraph (A) may be renewed by the Secretary (on the basis of the same or additional facts), and subparagraph (A) applies to each such renewal. (C)Notification to Congress of renewalNot later than 48 hours after making a determination under this subsection of a public health emergency (including a renewal), the Secretary shall submit to the Congress written notification of the determination..