“To amend the Public Health Service Act to codify the Advisory Committee on Immunization Practices, and for other purposes.”
No CRS summary available for this bill.
This section codifies the Advisory Committee on Immunization Practices (ACIP), previously established under Public Health Service Act (PHS Act) section 222, as a new PHS Act section 222A and applies the Federal Advisory Committee Act to the committee. ACIP must provide advice, guidance, and recommendations to the CDC Director on the use of licensed vaccines to control vaccine-preventable diseases in the civilian population, based on a preponderance of the best available peer-reviewed scientific evidence; make recommendations for ACA section 2713 coverage of immunizations by group health plans and health insurance issuers; and establish, review, and revise the list of vaccines (with schedules and contraindications) for the Vaccines for Children (VFC) program under Social Security Act section 1928, which the Secretary must use for VFC purchases and delivery of pediatric vaccines to eligible children (i.e., Medicaid-enrolled, uninsured, American Indian/Alaska Native, and underinsured children). The CDC Director must adopt ACIP recommendations unless unsupported by evidence (publishing the basis and notifying congressional committees within 48 hours if not adopted); ACIP must consider newly licensed vaccines (or new indications) at its next meeting or within 90 days and prioritize breakthrough therapies and public health emergency vaccines, with status updates to Congress; and if the Secretary or Director acts contrary to an ACIP recommendation (including on ACA coverage or VFC listing), they must publish the evidence-based rationale and notify congressional committees within 48 hours.
This section requires that any removal of a vaccine from the Vaccine Injury Table—or other modifications under current law, including additions to the list of compensable injuries, disabilities, illnesses, conditions, and deaths—be supported by the preponderance of the best available scientific evidence regarding the vaccine's safety or efficacy. (As background, the National Vaccine Injury Compensation Program provides no-fault compensation for injuries linked to vaccines on the table; this requirement does not limit the Secretary's authority to add new vaccines to the table.)