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From the Office of U.S. Rep. Greg Murphy

Washington, D.C. — Today, a piece of legislation introduced by Congressman Greg Murphy, M.D. (NC-03), H.R. 4381, the Public Health Emergency Congressional Review Act, passed out of the House Energy and Commerce Subcommittee on Health. The subcommittee is led by the bill’s co-lead Subcommittee Chairman Brett Guthrie (KY-02). This measure cements Congress’s oversight authority to review and/or terminate Public Health Emergencies declared by the Secretary of Health and Human Services. It allows Congress to debate and consider terminating any Public Health Emergency within six months of its declaration and every six months after while in effect.

Congressman Murphy and Congressman Guthrie issued the following statements after passage:

“Unelected bureaucrats must not be capable of making consequential policy decisions inalterable by Congress,” said Congressman Greg Murphy, M.D. “During the pandemic, we watched our country and economy suffer under the control of an unaccountable administrative state that pushed for continued lockdowns, school closures, and other dubious mandates.

“Decisions that impact our economy, schools, and way of life merit the oversight of elected officials entrusted to represent the American people. Moving forward, Public Health Emergency declarations must be subject to congressional review and a vote by both chambers of Congress. I’m grateful for Subcommittee Chairman Guthrie’s support and leadership in moving this bill through the House Energy and Commerce Subcommittee on Health.”

“We’ve seen the drastic socioeconomic impacts the COVID-19 PHE had on our children and communities,” said Congressman Brett Guthrie. “This bill will ensure Congress is a part of the equation when determining when a public health emergency ends and ensure we are appropriately responding to emerging threats. I want to thank Dr. Murphy for his work on this issue.”

BACKGROUND
Despite public assertions in 2022 by President Biden and NIAID Director, Dr. Fauci, the pandemic was behind us, the President did not end the COVID-19 national emergency until forced by Congress in April of this year. Further, HHS Secretary Becerra did not allow his agency’s separate public health emergency declaration to end until a month later.

The National Emergencies Act grants Congress the explicit review authorities and expedited measures to terminate a national emergency declared by the President of the United States. However, no such authorities exist under the Public Health Service Act for Congress to review and/or terminate Public Health Emergencies declared by the Secretary of Health and Human Services.