H66 CONGRESSIONAL RECORD — HOUSE January 5, 2021 time location, origin, and destination data, an- goals. The protection of inoculation medical in- Pursuant to clause 8 of rule XX, fur- ticipated time of arrival, and update recipients formation is provided by the: Federal HIPAA ther proceedings on this motion will be on the progress of their delivery and report on medical information privacy law; the Privacy postponed. changes that may impact expected delivery or Act and eliminate access to that information f the viability of the vaccine while in transit; through the Freedom of Information Act; and Provide an advanced communication sys- providing for civil and criminal penalties for ac- b 1230 tem that allows public health departments to cess or use of the information outside the spe- INSPECTOR GENERAL PROTECTION communicate their vaccine readiness, their ca- cific purposes of the collection, which are to ACT pability of receiving vaccines, delivery loca- ensure inoculations; and determination of Mrs. CAROLYN B. MALONEY of New tions, details of facility capability of storing, se- progress in herd immunity goals. Patient In- York. Mr. Speaker, I move to suspend curing, personnel authorized to receive deliv- oculation Data retention limitation—all medical the rules and pass the bill (H.R. 23) to eries, logistics for delivering vaccines to pa- records on inoculation of persons under this require congressional notification for tients, report on vaccine receipts, condition of title shall be destroyed after 5 years—Sunset certain changes in status of inspectors vaccines, patient reactions, and feedback on this provision after 5 years. general, and for other purposes. Keep oversight Committees in the House how to improve the process; The Clerk read the title of the bill. Design custom Apps for use by public and Senate, and the American people in- The text of the bill is as follows: health agencies, doctors’ offices, etc. to be formed through daily and weekly reporting re- provided to patients to communicate informa- quirements comprising data the CDC deter- H.R. 23 tion on the vaccine being received and the mines to be relevant and have public benefit Be it enacted by the Senate and House of Rep- date and location of a second dose if required. in measuring and reporting on inoculation sta- resentatives of the United States of America in Congress assembled, The App should generate a token that cor- tistics; responds to their vaccination record to ensure Establish a stakeholder advisory board to SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Inspector that the right vaccine is administered should a support the collaboration and cooperation of General Protection Act’’. second inoculation be required and to ensure participants that shall include representatives SEC. 2. CONGRESSIONAL NOTIFICATION OF that a person is not vaccinated with different from, federal, state, and local governments, CHANGE IN STATUS OF INSPECTOR vaccines, additional information such as vac- businesses, colleges, universities, K–12 GENERAL. cine effectiveness period may be addressed schools, hospitals, clinics, professional med- (a) CHANGE IN STATUS OF INSPECTOR GEN- as more is learned about this; ical associations. Others as deemed essential ERAL OF OFFICES.—Section 3(b) of the Inspec- Secure transportation for delivery or use of to the success of a national vaccination pro- tor General Act of 1978 (5 U.S.C. App.) is vaccines, and, when requested, security for gram. amended— the vaccine delivery sites or inoculation loca- Lead government collaboration with Stake- (1) by inserting ‘‘, is placed on paid or un- paid non-duty status,’’ after ‘‘is removed tions to ensure the life and safety of personnel holders in establishing vaccine inoculation from office’’; and patients who seek to provide or receive centers in locations that shall include: Sta- (2) by inserting ‘‘, change in status,’’ after vaccinations are free of interference or threat; diums; Arenas; K–12 schools; Colleges and ‘‘any such removal’’; and Provide public education and patient en- Universities; Places of Worship; and Other lo- (3) by inserting ‘‘, change in status,’’ after gagement through the provision of inoculations cations determined to be conducive to reach- ‘‘before the removal’’. of persons in areas and locations where vul- ing the greatest number of person who are in (b) CHANGE IN STATUS OF INSPECTOR GEN- nerable populations are under performing in need of inoculations. ERAL OF DESIGNATED FEDERAL ENTITIES.— Section 8G(e)(2) of the Inspector General Act getting vaccinations; EMPOWERING FEMA of 1978 (5 U.S.C. App.) is amended— Waive authority of the states to share vac- FEMA will be empowered to engage all (1) by inserting ‘‘, is placed on paid or un- cination data with HHS; stakeholders and marshals the resources of paid non-duty status,’’ after ‘‘office’’; Provide HHS with the capacity to manage the federal government where needed to ac- (2) by inserting ‘‘, change in status,’’ after the inoculations data on persons and tracking complish the objectives. ‘‘any such removal’’; and the second vaccination to ensure full immunity FEMA employs about 20,000 people nation- (3) by inserting ‘‘, change in status,’’ after and to determine when enough vaccinations wide who are stationed in 10 regional offices ‘‘before the removal’’. have been administered to unique persons to and the Washington DC headquarters. (c) EFFECTIVE DATE.—The amendments achieve herd immunity. HHS shall protect Vac- FEMA has the authority during times of made by this section shall take effect 30 days after the date of the enactment of this Act. cination Data as HIPAA protected data, and emergency to leverage its tremendous capac- SEC. 3. PRESIDENTIAL EXPLANATION OF FAIL- under the Privacy Act, which shall not allow a ity to coordinate within the federal govern- URE TO NOMINATE AN INSPECTOR waiver of any provision of that law; and the ment, pull federal agency personnel from GENERAL. Freedom of Information Act shall not apply to agencies throughout the federal government to (a) IN GENERAL.—Subchapter III of chapter the records maintained. make sure America is equipped and prepared 33 of title 5, United States Code, is amended Provide civil fines of up to $10,000 per vio- to respond to disasters. by inserting after section 3349d the following lation, per instance; and criminal penalties of I ask that my Colleagues join me in support new section: 5 years in prison for violation of this section; of H.R. 22, and greater accountability to the ‘‘§ 3349e. Presidential explanation of failure or for the use of the information outside the American public on what the federal govern- to nominate an Inspector General specific purpose of the data collection, which ment is doing and the budget justification that ‘‘If the President fails to make a formal is to assure full inoculation of individuals; and supports expenditures. nomination for a vacant Inspector General determination of local, state and national herd Mrs. CAROLYN B. MALONEY of New position that requires a formal nomination immunity goals being achieved. Include a data York. Mr. Speaker, I urge passage of by the President to be filled within the pe- riod beginning on the date on which the va- retention limitation—all records shall be de- H.R. 22, and I yield back the balance of cancy occurred and ending on the day that is stroyed after 5 years—Sunset this provision my time. 210 days after that date, the President shall after 5 years. The SPEAKER pro tempore. The communicate, within 30 days after the end of Provide an ombudsman to support: public question is on the motion offered by such period, to Congress in writing— (tribal, territorial, state, and local government); the gentlewoman from New York (Mrs. ‘‘(1) the reasons why the President has not stakeholder input on the work being done; pro- CAROLYN B. MALONEY) that the House yet made a formal nomination; and vide advocacy and advice for those who elect suspend the rules and pass the bill, ‘‘(2) a target date for making a formal not to be vaccinated; and champion the pri- H.R. 22. nomination.’’. vacy, civil liberty rights on behalf of the Amer- The question was taken. (b) CLERICAL AMENDMENT.—The table of sections for chapter 33 of title 5, United ican people. The SPEAKER pro tempore. In the States Code, is amended by inserting after Waive state laws regarding management of opinion of the Chair, two-thirds being the item relating to 3349d the following new inoculation data; in the affirmative, the ayes have it. item: Provide HHS with the capacity as evidenced Mrs. CAROLYN B. MALONEY of New ‘‘3349e. Presidential explanation of failure to by the agency’s prior experience in managing York. Mr. Speaker, on that I demand nominate an Inspector Gen- healthcare.gov, to manage the inoculations the yeas and nays. eral.’’. data on persons; for the purpose of tracking The SPEAKER pro tempore. Pursu- (c) EFFECTIVE DATE.—The amendment the second vaccination to ensure full immunity ant to section 3(s) of House Resolution made by subsection (a) shall take effect on and the management of national inoculation 8, the yeas and nays are ordered. the date of the enactment of this Act and VerDate Sep 11 2014 04:25 Jan 06, 2021 Jkt 019060 PO 00000 Frm 00010 Fmt 0636 Sfmt 0634 E:\CR\FM\A05JA7.014 H05JAPT1 ctelli on DSK11ZRN23PROD with HOUSE January 5, 2021 CONGRESSIONAL RECORD — HOUSE H67 shall apply to any vacancy first occurring on cies and make sure they are filled by position is vacant, my bill would have or after that date. the President in a timely manner. the Council of the Inspectors General SEC. 4. DETERMINATION OF BUDGETARY EF- Inspectors general help combat Fed- on Integrity and Efficiency develop a FECTS. eral fraud, waste, and abuse and im- list of qualified candidates and share The budgetary effects of this Act, for the prove the operations of the executive purpose of complying with the Statutory those with the chief judge of the dis- Pay-As-You-Go Act of 2010, shall be deter- branch departments and agencies.