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Referenced Laws
42 U.S.C. 300aa–25 et seq.
Section 1
1. Short title This Act may be cited as the Protecting Our Children from the CDC Act.
Section 2
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: 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. 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. 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). 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. 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). 2129.Posting of all clinical data for COVID–19 vaccines before placement on child and adolescent schedule(a)No inclusion of COVID vaccinesThe 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)RemovalAny 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 actionThe 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 constructionThe 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)DefinitionIn 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)..
Section 3
2129. Posting of all clinical data for COVID–19 vaccines before placement on child and adolescent schedule 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. 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. 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). 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. 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).