Vaccinate All Children Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 2527 To amend the Public Health Service Act to condition receipt by States (and political subdivisions and public entities of States) of preventive health services grants on the establishment of a State requirement for students in public elementary and secondary schools to be vaccinated in accordance with the recommendations of the Advisory Committee on Immunization Practices, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 3, 2019 Ms. WILSON of Florida introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to condition receipt by States (and political subdivisions and public entities of States) of preventive health services grants on the establishment of a State requirement for students in public elementary and secondary schools to be vaccinated in accordance with the recommendations of the Advisory Committee on Immunization Practices, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 19:41 May 11, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2527.IH H2527 pbinns on DSK79D2C42PROD with BILLS 2 •HR 2527 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Vaccinate All Children 2 Act of 2019’’. 3 SEC. 2. REQUIRING STUDENTS AT PUBLIC ELEMENTARY 4 AND SECONDARY SCHOOLS TO BE VAC- 5 CINATED. 6 (a) REQUIREMENT.—Section 317 of the Public 7 Health Service Act (42 U.S.C. 247b) is amended by add- 8 ing at the end the following: 9 ‘‘(n) REQUIRING STUDENTS AT PUBLIC ELEMEN- 10 TARY AND SECONDARY SCHOOLS TO BE VACCINATED.— 11 ‘‘(1) REQUIREMENT.—For a State or a political 12 subdivision or other public entity of a State to be eli- 13 gible to receive a grant under this section, the appli- 14 cant shall demonstrate to the Secretary’s satisfac- 15 tion that, subject to paragraphs (2) and (3), the 16 State requires each student enrolled in one of the 17 State’s public elementary schools or public secondary 18 schools to be vaccinated in accordance with the rec- 19 ommendations of the Advisory Committee on Immu- 20 nization Practices. 21 ‘‘(2) EXCEPTION FOR CHILD’S HEALTH.—The 22 funding condition described in paragraph (1) shall 23 not apply with respect to a student if a duly reg- 24 istered and licensed physician submits a written cer- 25 tification at the beginning of the school year to the 26 VerDate Sep 11 2014 19:41 May 11, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2527.IH H2527 pbinns on DSK79D2C42PROD with BILLS 3 •HR 2527 IH individual in charge of the health program at the 1 student’s school— 2 ‘‘(A) certifying that the physician has per- 3 sonally examined the student during the pre- 4 ceding 12 months; 5 ‘‘(B) certifying that, in the physician’s 6 opinion, the physical condition of the student is 7 such that the student’s health would be endan- 8 gered by the vaccination involved; and 9 ‘‘(C) demonstrating (to the satisfaction of 10 the individual in charge of the health program 11 at the student’s school) that the physician’s 12 opinion conforms to the accepted standard of 13 medical care. 14 ‘‘(3) DEFINITIONS.—In this subsection: 15 ‘‘(A) The term ‘Advisory Committee on 16 Immunization Practices’ means the Advisory 17 Committee on Immunization Practices estab- 18 lished by the Secretary, acting through the Di- 19 rector of the Centers for Disease Control and 20 Prevention. 21 ‘‘(B) The terms ‘elementary school’ and 22 ‘secondary school’ have the meanings given to 23 such terms in section 8101 of the Elementary 24 and Secondary Education Act of 1965.’’. 25 VerDate Sep 11 2014 19:41 May 11, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2527.IH H2527 pbinns on DSK79D2C42PROD with BILLS 4 •HR 2527 IH (b) APPLICATION.—The amendment made by sub- 1 section (a) applies only with respect to fiscal years begin- 2 ning after the date that is 6 months after the date of en- 3 actment of this Act. 4 Æ VerDate Sep 11 2014 19:41 May 11, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H2527.IH H2527 pbinns on DSK79D2C42PROD with BILLS