Protecting Our Children from the CDC Act

Bill Number

H.R. 87

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Health

Status

Introduced

Latest Action

2025-01-03: Referred to the House Committee on Energy and Commerce.

Last Updated

2025-03-07T16:15:37Z

AI-Generated Summary

Purpose

This legislation, titled the "Protecting Our Children from the CDC Act," aims to increase transparency in the decision-making process for adding COVID-19 vaccines to the recommended immunization schedule for children and adolescents. It requires the full public disclosure of clinical data on vaccine safety and effectiveness before such vaccines can be included on the schedule.

Key Provisions

• Prohibition on Inclusion Without Data Disclosure: The Secretary of Health and Human Services (HHS), along with agencies like the Centers for Disease Control and Prevention (CDC) and the Advisory Committee on Immunization Practices (ACIP), cannot add any COVID-19 vaccine to the child and adolescent immunization schedule unless all relevant clinical data in HHS's possession—covering safety, efficacy, and adverse effects—is posted on the CDC's public website. This data must be de-identified to protect personal health information and details about agency or sponsor personnel.
• Removal of Existing Vaccines: Any COVID-19 vaccine already on the schedule as of the date the law is enacted will be automatically removed. The HHS Secretary must take necessary administrative steps to implement this removal.
• Re-Addition Allowed: Removed vaccines can be placed back on the schedule only if the data disclosure requirements are met and other applicable laws are followed.
• Definition: The "child and adolescent immunization schedule" refers to the schedule recommended by the ACIP (or its successor), which guides routine vaccinations for young people.

Significant Changes to Existing Law

• This bill amends Part C of subtitle 2 of title XXI of the Public Health Service Act (42 U.S.C. 300aa-25 et seq.) by adding a new section (SEC. 2129), which introduces a specific transparency mandate for COVID-19 vaccines that does not previously exist for this category.
• It overrides current practices by mandating automatic removal of COVID-19 vaccines from the pediatric schedule upon enactment, without requiring prior data posting for those already listed.
• The change is narrowly targeted at COVID-19 vaccines and the child/adolescent schedule, leaving other vaccines and adult schedules unaffected.

Potential Impacts

• On Government Agencies: The HHS, CDC, and ACIP will face new administrative burdens, including compiling, de-identifying, and publicly posting extensive clinical data. This could delay vaccine recommendations and require updates to internal processes for handling sensitive information.
• On Citizens: Parents and guardians of children and adolescents may experience changes in access to or recommendations for COVID-19 vaccines, potentially affecting school entry requirements, public health campaigns, or insurance coverage tied to the schedule. It promotes greater public access to vaccine data, which could influence personal vaccination decisions.
• On International Relations: No direct impacts are outlined, though it may indirectly affect U.S. alignment with global health standards (e.g., from the World Health Organization) on pediatric vaccination guidelines.

Main Stakeholders Affected

• Government Entities: HHS, CDC, and ACIP, which must comply with data disclosure and removal requirements.
• Healthcare Providers and Institutions: Doctors, clinics, and schools that rely on the immunization schedule for routine care and mandates.
• Vaccine Manufacturers and Researchers: Companies like Pfizer or Moderna, whose COVID-19 vaccines could be impacted by data release and schedule changes, potentially affecting approvals or market access.
• Citizens, Especially Families: Parents, children, and adolescents, who may see shifts in vaccine availability or recommendations, influencing public health outcomes like disease prevention.
• Public Health Advocates: Groups focused on vaccine transparency, safety, or access, who could use the posted data for advocacy or research.

Notable Legal, Constitutional, or Political Implications

• Legal Implications: The bill enforces stricter accountability for HHS data handling under privacy laws like HIPAA (Health Insurance Portability and Accountability Act, which protects health information). It could invite lawsuits if data posting is deemed insufficient or if removals disrupt ongoing public health efforts, though it includes a "rule of construction" to preserve re-addition authority.
• Constitutional Implications: No direct challenges are evident, but the targeted focus on COVID-19 vaccines might raise equal protection concerns (ensuring fair treatment under the law) if seen as discriminatory against specific vaccines without broader application.
• Political Implications: As a bill introduced in the 119th Congress (2025), it reflects debates on government transparency and vaccine policy post-pandemic. Its passage could polarize views on federal health authority versus public oversight, potentially influencing future legislation on vaccine approvals or emergency responses.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Biggs, Andy [R-AZ-5]

Recent Actions

• 2025-01-03: Referred to the House Committee on Energy and Commerce.
• 2025-01-03: Introduced in House
• 2025-01-03: Introduced in House

Bill Versions

• Protecting Our Children from the CDC Act — issued 2025-01-03 — PDF (4 pages)