PolicyBrief
S. 999
119th CongressMar 12th 2025
Public Health Improvement Act
IN COMMITTEE

The "Public Health Improvement Act" aims to reform the CDC, limit the scope of public health authorities, and require congressional approval for extended public health emergencies.

Eric Schmitt
R

Eric Schmitt

Senator

MO

LEGISLATION

Bill Proposes Major CDC Overhaul, Limits Director Terms and Narrows Agency Focus

This proposed legislation, the "Public Health Improvement Act," outlines significant changes for the nation's top public health agencies. It sets 12-year term limits for the Directors of both the Centers for Disease Control and Prevention (CDC) and the National Institutes of Health (NIH), restructures a key CDC advisory committee, narrows the CDC's legally defined mission, requires Congressional approval to extend public health emergencies, shifts several major CDC centers to the NIH, and establishes federal authority over conflicting state or local health rules.

Leadership and Advice: A New Structure

The bill directly impacts who leads the CDC and NIH and how they get advice. Section 2 imposes a 12-year cap on how long Directors can serve at either agency. Additionally, Section 4 significantly changes who appoints members to the advisory committee for the CDC Director. Instead of primarily Health and Human Services (HHS) appointees, the power shifts heavily towards Congress (Majority/Minority Leaders in both Senate and House get two appointments each) and the Comptroller General (four appointments), with the HHS Secretary appointing only three. This could change the type of expertise and perspectives guiding the CDC Director.

CDC's Focus: Sharpening or Shrinking?

A key change involves redefining the CDC's strategic plan under Section 3 of the bill. The updated language removes explicit mentions of "noncommunicable diseases or conditions, and addressing injuries, and occupational and environmental hazards," focusing the mission primarily on "diseases." This suggests a potential shift away from CDC work on chronic conditions like diabetes or heart disease, injury prevention like car crashes or falls, and health issues linked to workplaces or environmental factors. Further reinforcing this shift, Section 7 mandates transferring several entire CDC centers – including those focused on Birth Defects, Chronic Disease Prevention, Environmental Health, Health Statistics, HIV/TB/STD Prevention, Injury Prevention, and Occupational Safety – over to the NIH. This transfer is slated to happen within two years of the bill's enactment and could reshape how research and prevention efforts in these areas are managed.

Responding to Crises: New Guardrails

The legislation also adjusts how the government handles public health emergencies and regulates communicable diseases. Section 5 refines HHS's authority under the Public Health Service Act (42 U.S.C. 264(a)) to make regulations preventing disease spread from foreign countries or between states, specifying actions like inspection and disinfection. Section 6 introduces a major procedural change: while the HHS Secretary can still declare a public health emergency, any extension beyond the initial 90 days requires majority approval from both the House and Senate. This means ongoing emergency responses could hinge on Congressional votes, potentially adding delays or political factors into crisis management.

Who's in Charge? Federal Authority Steps Up

Finally, Section 9 includes a broad preemption clause. This states that the Act overrides any conflicting federal, state, tribal, territorial, or local laws, declarations, or guidance. In practice, this could mean that if a state or city implemented a health measure stricter than or different from federal regulations under this Act, the federal rule would likely take precedence. This centralizes authority and could limit the ability of local governments to tailor public health responses to their specific community needs. The HHS Secretary is tasked by Section 8 with issuing regulations to implement all these changes within 90 days.