,i #aafth ,,congress #b;d ,session ,h4 ,r4 #hfdj ,,in ,,the ,,house ,,of ,,representatives ,october #bj1 #bjbj,mr4 ,rush 7for himself1 ,mr4 ,crdenas1 ,mr4 ,carson of ,indiana1 ,mr4 ,cohen1 ,mr4 ,garca of ,illinois1 ,ms4 ,jackson ,lee1 ,ms4 ,roybal-,allard1 and ,mr4 ,soto7 introduced the following bill2 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 actions1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,scientific ,agencies ,following ,evidence and ,guaranteeing that ,unscientific ,agendas are ,refused and ,denounced ,act of #bjbj or the ,,safeguard ,act of #bjbj4 #b4 ,public ,health ,oversight ,panel ,part ,b of title ,,ii of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bch et seq47 is amended by adding at the end the following3 #bdi4 ,public ,health ,oversight ,panel 7a7 ,establishment ,there is established a permanent panel to be known as the ,public ,health ,oversight ,panel 7in this section referred to as the ,panel74 7b7 ,duties ,the ,panel shall-- 7#a7 in consultation with public health advisory committees determined by the ,panel1 advise the agencies of the ,public ,health ,service regarding the scientific basis for their actions2 and 7#b7 during public health emergencies-- 7,a7 review regulations1 guidance1 and orders of the agencies of the ,public ,health ,service1 as described in subsection 7c72 and 7,b7 as appropriate1 make determinations pursuant to subsection 7c77#b74 7c7 ,review during public health emergencies ,beginning not later than #c months after the date of the enactment of this section1 the head of each agency of the ,public ,health ,service shall-- 7#a7 before issuing any final regulation1 guidance1 or order relating to a public health emergency1 during such public health emergency1 give the ,panel an opportunity to review1 in consultation with public health advisory committees determined by the ,panel1 the scientific basis underlying the regulation1 guidance1 or order1 including access to any relevant data in the possession of the agency2 and 7#b7 refrain from issuing such regulation1 guidance1 or order if the ,panel determines that-- 7,a7 such scientific basis is incorrect2 or 7,b7 the evidence in support of such scientific basis is insufficient4 7d7 ,membership ,the ,panel shall be composed of-- 7#a7 the ,assistant ,secretary for ,health1 who shall serve as the ,chair of the ,panel2 and 7#b7 #f experts who each have experience in scientific review or oversight1 to be appointed by the ,president1 with the advice and consent of the ,senate1 from a list of individuals jointly nominated for appointment by-- 7,a7 the ,speaker of the ,house of ,representatives2 7,b7 the minority leader of the ,house of ,representatives2 7,c7 the majority leader of the ,senate2 and 7,d7 the minority leader of the ,senate4 7e7 ,committee consultation ,in nominating individuals under subsection 7d71 the ,speaker of the ,house of ,representatives1 the minority leader of the ,house of ,representatives1 and the majority and minority leaders of the ,senate shall consult with-- 7#a7 the ,committee on ,energy and ,commerce of the ,house of ,representatives2 and 7#b7 the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate4 7f7 ,terms 7#a7 ,in general ,except as provided in paragraphs 7#b7 and 7#c71 members of the ,panel shall be appointed for a term of #f years and may be reappointed4 7#b7 ,terms of initial appointees ,as designated by the ,president at the time of appointment1 of the members first appointed-- 7,a7 #b members shall be appointed for a term of #b years2 7,b7 #b members shall be appointed for a term of #d years2 and 7,c7 #b members shall be appointed for a term of #f years4 7#c7 ,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 term4 ,a member may serve after the expiration of that member's term until a successor has taken office4 7g7 ,basic pay 7#a7 ,rates of pay ,to the extent or in the amounts provided in advance in appropriation ,acts1 except as provided in paragraph 7#b71 members of the ,panel shall each be paid at a rate equal to the rate of basic pay for level ,,iii of the ,executive ,schedule4 7#b7 ,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 pay1 allowances1 or benefits by reason of their service on the ,panel4 7#c7 ,travel expenses ,each member shall receive travel expenses1 including per diem in lieu of subsistence1 in accordance with applicable provisions under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code4 7h7 ,quorum ,a majority of the members serving on the ,panel shall constitute a quorum4 7i7 ,meetings ,the ,panel shall meet at the call of the ,chair or a majority of its members4 7j7 ,director and staff 7#a7 ,director ,the ,panel shall have a ,director who shall be appointed by the ,chair1 in consultation with the other members of the ,panel4 7#b7 ,staff ,the ,director of the ,panel may appoint such additional personnel as may be appropriate to carry out this section4 7#c7 ,compensation ,the ,panel shall fix the compensation of the ,director and other personnel of the ,panel in accordance with title #e1 ,united ,states ,code1 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 #ecae of that title4 7k7 ,security clearance 7#a7 ,panel members and ,director clearances ,to be eligible for appointment under subsection 7d77#b7 to serve as a member of the ,panel1 and to be eligible to serve as the ,director and as other personnel of the ,panel1 an individual shall be eligible for the necessary security clearance4 7#b7 ,accelerated processing ,the appropriate ,federal agencies or departments shall cooperate with individuals referred to in paragraph 7#a7 in expeditiously providing to such individuals security clearances to the extent possible pursuant to existing procedures and requirements1 except that no person shall be provided with access to classified information under this section without the appropriate security clearances4 7l7 ,experts and consultants ,subject to rules prescribed by the ,panel1 the ,panel may procure temporary and intermittent services under section #caji7;b7 of title #e1 ,united ,states ,code1 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 #ecae of that title4 7m7 ,staff of ,federal agencies ,upon request of the ,panel1 the head of any ,federal department or agency may detail1 on a reimbursable basis1 any of the personnel of that department or agency to the ,panel to assist it in carrying out its duties under this section4 7n7 ,powers of the ,panel 7#a7 ,hearings and sessions ,the ,panel may1 for the purpose of carrying out this section1 hold hearings1 sit and act at times and places1 take testimony1 and receive evidence as the ,panel considers appropriate4 ,the ,panel may administer oaths or affirmations to witnesses appearing before it4 7#b7 ,powers of members and agents ,any member or agent of the ,panel may1 if authorized by the ,panel1 take any action which the ,panel is authorized to take by this section4 7#c7 ,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 section4 ,upon request of the ,chair of the ,panel1 the head of that department or agency shall furnish that information to the ,panel4 ,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 confidential4 7#d7 ,uses and disclosures for public health activities ,for purposes of section #afd4eab of title #de1 ,code of ,federal ,regulations 7and any successor regulation7 the ,panel is deemed to be a public health authority4 7#e7 ,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 ,states4 7#f7 ,subpoena power 7,a7 ,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 ,service4 ,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 ,states4 7,b7 ,failure to obey a subpoena ,if a person refuses to obey a subpoena issued under subparagraph 7,a71 the ,panel may apply to a ,united ,states district court for an order requiring that person to appear before the ,panel to give testimony1 produce evidence1 or both1 relating to the matter under investigation4 ,the application may be made within the judicial district where the hearing is conducted or where that person is found1 resides1 or transacts business4 ,any failure to obey the order of the court may be punished by the court as civil contempt4 7,c7 ,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 courts4 7,d7 ,service of process ,all process of any court to which application is made under subparagraph 7,b7 may be served in the judicial district in which the person required to be served resides or may be found4 7o7 ,public health emergency defined ,in this section1 the term public health emergency means a public health emergency for which a declaration is in effect under section #cai4 4