[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5171 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 5171

  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 SENATE OF THE UNITED STATES

                            December 1, 2022

   Mr. Lee (for himself, Mr. Rubio, and Mr. Hagerty) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 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>