Bill Summary
The SAFEGUARD Act of 2020, also known as the Scientific Agencies Following Evidence and Guaranteeing that Unscientific Agendas are Refused and Denounced Act, seeks to amend the Public Health Service Act by establishing a permanent panel known as the Public Health Oversight Panel. This panel, composed of 6 experts and the Assistant Secretary for Health, will advise the agencies of the Public Health Service on the scientific basis for their actions, particularly during public health emergencies. The head of each agency must give the Panel an opportunity to review any final regulations, guidance, or orders related to a public health emergency, and must refrain from issuing such regulations if the Panel determines that the scientific basis is incorrect or insufficient. The members of the Panel will be appointed for a term of 6 years, with staggered initial appointments, and will receive compensation and travel expenses. The Panel is also granted powers such as holding hearings, issuing subpoenas, and obtaining official data. The term "public health emergency" is defined as a situation where a declaration is in effect under section 319 of the Public Health Service Act.
Possible Impacts
1) The SAFEGUARD Act of 2020 could potentially affect people who work in the public health sector, as they may have to consult with the Public Health Oversight Panel before issuing any final regulations, guidance, or orders related to a public health emergency. This could potentially cause delays in responding to emergencies and could impact the effectiveness of their actions.
2) The SAFEGUARD Act of 2020 may also have an impact on individuals or organizations advocating for certain agendas or policies related to public health. If the Panel determines that the evidence supporting these agendas or policies is insufficient, the agency of the Public Health Service may refrain from issuing regulations or orders related to them. This could lead to frustration and pushback from these individuals or organizations.
3) The appointment process for the members of the Public Health Oversight Panel, as outlined in the legislation, may also have an impact on individuals who are qualified to serve in these roles. They must be nominated by specific leaders and go through security clearance processes, which could limit the pool of potential candidates and potentially exclude qualified individuals. This could have an impact on the diversity and range of perspectives represented on the Panel.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8640 Introduced in House (IH)]
<DOC>
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. Cardenas, Mr. Carson of Indiana, Mr. Cohen,
Mr. Garcia of Illinois, Ms. Jackson Lee, Ms. Roybal-Allard, and Mr.
Soto) introduced the following bill; which was referred to the
Committee 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 Representatives 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''.
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 permanent 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 orders of
the agencies of the Public Health Service, as described
in subsection (c); and
``(B) as appropriate, make determinations pursuant
to subsection (c)(2).
``(c) Review During Public Health Emergencies.--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, guidance, or
order relating to a public health emergency, during such public
health emergency, give the Panel an opportunity to review, in
consultation with public health advisory committees determined
by the Panel, the scientific basis underlying the regulation,
guidance, or order, including access to any relevant data in
the possession of the agency; and
``(2) refrain from issuing such regulation, guidance, or
order if the Panel determines that--
``(A) such scientific basis is incorrect; or
``(B) the evidence in support of such scientific
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 scientific
review or oversight, to be appointed by the President, with the
advice and consent of the Senate, from a list of individuals
jointly nominated for appointment by--
``(A) the Speaker of the House of Representatives;
``(B) the minority leader of the House of
Representatives;
``(C) the majority leader of the Senate; and
``(D) the minority leader of the Senate.
``(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 paragraphs (2) and
(3), members of the Panel shall be appointed for a term of 6
years and may be reappointed.
``(2) Terms of initial appointees.--As designated 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 term for which the
member's predecessor was appointed 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 compensation of federal
employees.--Members of the Panel who are full-time officers or
employees of the United States may not receive additional pay,
allowances, 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.
``(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 Director who shall
be appointed by the Chair, in consultation with the other
members of the Panel.
``(2) Staff.--The Director of the Panel may appoint such
additional personnel as may be appropriate 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 clearances.--To be
eligible for appointment under subsection (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 appropriate Federal
agencies or departments shall cooperate 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 information under
this section without the appropriate security 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 section 5315
of that title.
``(m) Staff of Federal Agencies.--Upon request of the Panel, the
head of any Federal department or agency may detail, on a reimbursable
basis, any of the personnel 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 considers 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 authorized 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 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 testimony 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
attendance of witnesses and the production of evidence
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 business. Any
failure to obey the order of the court may be punished
by the court as civil contempt.
``(C) Service of subpoenas.--The subpoenas of the
Panel shall be served in the manner 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.''.
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