Protecting Our Children from the CDC Act

#87 | HR Congress #119

Last Action: Referred to the House Committee on Energy and Commerce. (1/3/2025)

Bill Text Source: Congress.gov

Summary and Impacts
Original Text

Bill Summary

The "Protecting Our Children from the CDC Act" is a proposed amendment to the Public Health Service Act aimed at regulating the inclusion of COVID-19 vaccines in the child and adolescent immunization schedule. The key provisions of this legislation require the Secretary of Health and Human Services (HHS) to publicly post all clinical data regarding the safety and efficacy of any COVID-19 vaccine on the Centers for Disease Control and Prevention (CDC) website before such a vaccine can be added to the immunization schedule for children and adolescents. This data must be de-identified to protect individual privacy.

Additionally, any COVID-19 vaccine currently on the immunization schedule at the time of the enactment of this act would be removed. The Secretary is mandated to take necessary actions to enforce this removal, although the Secretary retains the authority to later reinstate the vaccine to the schedule, provided that the requirements of the new legislation are met.

Overall, the legislation emphasizes transparency and public access to safety and efficacy data before any COVID-19 vaccination can be administered to younger populations.

Possible Impacts

The proposed legislation outlined in the bill could affect people in several significant ways:

1. **Impact on Immunization Access for Children**: If the legislation prohibits the inclusion of COVID-19 vaccines on the child and adolescent immunization schedule until all clinical data is publicly posted, it could delay or limit access to these vaccines for children. Parents who wish to vaccinate their children against COVID-19 may find it challenging to do so if the vaccines are not officially recognized on the immunization schedule, potentially leaving children vulnerable to the virus.

2. **Public Trust and Vaccine Hesitancy**: By requiring the posting of all clinical data relating to the safety and efficacy of COVID-19 vaccines before they can be included in the immunization schedule, the legislation could either bolster public trust in vaccines—if the data supports their safety and effectiveness—or exacerbate vaccine hesitancy. If the data reveals concerns about safety or efficacy, it could lead to increased public skepticism about COVID-19 vaccines and vaccines in general.

3. **Administrative and Regulatory Burdens**: The requirement for the Secretary of Health and Human Services to post comprehensive clinical data could impose additional administrative and regulatory burdens on the Department of Health and Human Services and associated agencies. This may lead to delays in the vaccination process, as agencies would need to ensure that all data is collected, reviewed, and made available before any vaccine can be considered for inclusion on the immunization schedule. Such delays could hinder public health efforts to control COVID-19, especially in pediatric populations.

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 87 Introduced in House (IH)]

<DOC>






119th CONGRESS
  1st Session
                                 H. R. 87

  To amend the Public Health Service Act to prohibit the Secretary of 
Health and Human Services from placing any vaccine for COVID-19 on the 
  child and adolescent immunization schedule unless the Secretary has 
  posted on the public website of the Centers for Disease Control and 
  Prevention all clinical data in the possession of the Department of 
 Health and Human Services relating to the safety and efficacy of such 
                    vaccine, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 3, 2025

Mr. Biggs of Arizona introduced the following bill; which was referred 
                to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
  To amend the Public Health Service Act to prohibit the Secretary of 
Health and Human Services from placing any vaccine for COVID-19 on the 
  child and adolescent immunization schedule unless the Secretary has 
  posted on the public website of the Centers for Disease Control and 
  Prevention all clinical data in the possession of the Department of 
 Health and Human Services relating to the safety and efficacy of such 
                    vaccine, 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 ``Protecting Our Children from the CDC 
Act''.

SEC. 2. POSTING OF ALL CLINICAL DATA FOR COVID-19 VACCINES BEFORE 
              PLACEMENT ON CHILD AND ADOLESCENT SCHEDULE.

    Part C of subtitle 2 of title XXI of the Public Health Service Act 
(42 U.S.C. 300aa-25 et seq.) is amended by adding at the end the 
following:

``SEC. 2129. POSTING OF ALL CLINICAL DATA FOR COVID-19 VACCINES BEFORE 
              PLACEMENT ON CHILD AND ADOLESCENT SCHEDULE.

    ``(a) No Inclusion of COVID Vaccines.--The Secretary, and any 
official, agency, or office of the Department of Health and Human 
Services (including the Centers for Disease Control and Prevention and 
the Advisory Committee of Immunization Practices), shall not include 
any vaccine for COVID-19 on the child and adolescent immunization 
schedule unless the Secretary has posted on the public website of the 
Centers for Disease Control and Prevention all clinical data in the 
possession of the Department of Health and Human Services (including 
the Advisory Committee of Immunization Practices) relating to the 
safety and efficacy (including any adverse effects) of such vaccine. 
All such data posted under this subsection shall be deidentified to 
protect all individually identifiable health information, and 
information with respect to the agency and sponsor personnel of the 
data involved.
    ``(b) Vaccines Already on Schedule as of Enactment.--
            ``(1) Removal.--Any vaccine for COVID-19 that is included 
        on the child and adolescent immunization schedule as of the 
        date of enactment of this section is hereby deemed to be 
        removed from such schedule.
            ``(2) Administrative action.--The Secretary shall take such 
        actions as may be necessary to effectuate the removal of a 
        vaccine from the child and adolescent immunization schedule by 
        operation of paragraph (1).
            ``(3) Rule of construction.--The removal of a vaccine from 
        the child and adolescent immunization schedule by operation of 
        paragraph (1) shall not be construed to affect the authority of 
        the Secretary (or other officials, agencies, or offices) to 
        place such vaccine back on such schedule so long as such 
        placement is in accordance with subsection (a) and other 
        applicable provisions of law.
    ``(c) Definition.--In this section, the term `child and adolescent 
immunization schedule' means the child and adolescent immunization 
schedule of the Advisory Committee of Immunization Practices (or any 
successor schedule).''.
                                 <all>