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National Vaccine Injury Compensation Program

 

Advisory Commission on Childhood Vaccines (ACCV)

The ACCV advises and makes recommendations to the Secretary of Health and Human Services on issues relating to the operation of the National Vaccine Injury Compensation Program (VICP). There are nine voting members who provide oversight of the VICP and recommend ways to improve the VICP.

2008 Draft Strategic National Vaccine Plan
The 2008 draft strategic National Vaccine Plan is the initial step in updating the 1994 National Vaccine Plan. The National Vaccine Program Office (NVPO) coordinated the planning effort with (your Agency/Office), other HHS agencies, the Departments of Defense and Veterans Affairs, and the U.S. Agency for International Development. The National Vaccine Program Office website describes the process in more detail in the Introduction document, and the draft Plan can be reviewed there. NVPO is seeking comments about the draft Plan from interested stakeholders and the public. If you have comments, please email NVPO at nvpo@hhs.gov.
2009 Meetings

March 5-6, 2009
June 11-12, 2009
September 10-11, 2009
December 3-4, 2009

Minutes from 2008 Meetings

Minutes from 2007 Meetings
Minutes from 2006 Meetings

ACCV Roster


Charter

Purpose
The Secretary of Health and Human Services is mandated under Section 2119 of the Public Health Service (PHS) Act to appoint an advisory commission to give advice regarding the National Vaccine Injury Compensation Program (the Program), which provides compensation for certain vaccine-related injuries or deaths. The Advisory Commission on Childhood Vaccines (hereinafter referred to as the "Commission") shall advise and make recommendations to the Secretary on matters related to the Program responsibilities.

Authority
42 U.S.C. 300aa-19, Section 2119 of the PHS Act. The Commission is governed by the provisions of Public Law 92-463 (5 U.S.C. App. 2), which sets forth standards for the formation of advisory committees.

Functions
The Commission shall:

(1) advise the Secretary on the implementation of the Program;

(2) on its own initiative or as the result of the filing of a petition, recommend changes in the Vaccine Injury Table;

(3) advise the Secretary in implementing the Secretary's responsibilities under Section 2127 of the PHS Act regarding the need for childhood vaccination products that result in fewer or no significant adverse reactions;

(4) survey Federal, State, and local programs and activities relating to the gathering of information on injuries associated with the administration of childhood vaccines, including the adverse reaction reporting requirements of Section 2125(b), and advise the Secretary on means to obtain, compile, publish, and use credible data related to the frequency and severity of adverse reactions associated with childhood vaccines;

(5) recommend to the Director of the National Vaccine Program research related to vaccine injuries which should be conducted to carry out the Program; and

(6) consult regarding the development or revision of vaccine information materials as required by Section 2126 of the PHS Act.

Structure
The Commission shall be composed of the following:

(1) Nine members appointed by the Secretary as follows:

(A) Three members who are health professionals, who are not employees of the United States, and who have expertise in the health care of children, the epidemiology, etiology, and prevention of childhood diseases, and the adverse reactions associated with vaccines, of whom at least two shall be pediatricians.

(B) Three members from the general public, of whom at least two shall be legal representatives of children who have suffered a vaccine-related injury or death.

(C) Three members who are attorneys, of whom at least one shall be an attorney whose specialty includes representation of persons who have suffered a vaccine-related injury or death and of whom one shall be an attorney whose specialty includes representation of vaccine manufacturers.

(2) The Director of the National Institutes of Health, the Assistant Secretary for Health, the Director of the Centers for Disease Control and Prevention, and the Commissioner of the Food and Drug Administration (or the designees of such officials), each of whom shall be a nonvoting ex officio member.

The Secretary shall select members of the Commission. The members of the Commission shall select a Chair and Vice Chair from among the members. Appointed members of the Commission shall be appointed for a term of office of 3 years. Members may serve after the expiration of their term until their successors have taken office.

Subcommittees will be established from time to time. Upon establishment of each subcommittee, the Department's Committee Management Officer will be provided information on the subcommittee's name, membership, function, and estimated frequency of meetings.

Management and support services shall be provided by the Division of Vaccine Injury Compensation, Healthcare Systems Bureau, Health Resources and Services Administration.


Meetings
The Commission shall meet not less than 4 times per year and at the call of the designated federal officer or designee who shall approve the agenda and shall be present at all meetings. A quorum for the purposes of a meeting is five. A decision at a meeting is to be made by a majority of the voting members present, rather than an absolute majority of voting members.

Meetings shall be open to the public except as determined by the Secretary or other officials to whom the authority has been delegated in accordance with the Government in the Sunshine Act (5 U.S.C. 552b(c)). Notice of all meetings shall be given to the public.

Meetings shall be conducted and records of the proceedings kept, as required by applicable laws and departmental regulations.

Compensation
Members of the Commission who are officers or employees of the Federal Government shall serve as members of the Commission without compensation in addition to that received in their regular public employment. Members of the Commission who are not officers or employees of the Federal Government shall be compensated at a rate not to exceed the daily equivalent of the rate in effect for an Executive Level 4 for each day (including travel time) they are engaged in the performance of their duties as members of the Commission. All members, while so serving away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as such expenses are authorized by 5 U.S.C 5703 for employees serving intermittently.

Annual Cost Estimates
Estimated annual cost for operating the Commission, including compensation and travel expenses for members, but excluding staff support, is approximately $95,509. The estimate of annual person-years of staff support required is 1.5 at an estimated annual cost of $303,271.

Reports
In the event a portion of a meeting is closed to the public,
as determined by the Secretary of HHS, in accordance with the Government in the Sunshine Act (5 U.S.C. 552b(c)) and the Federal Advisory Committee Act, a report shall be prepared which shall contain as a minimum, a list of members and their business addresses, the Commission's functions, dates and places of meetings, and a summary of Commission activities and recommendations made during the fiscal year. A copy of the report shall be provided to the Departmental Committee Management Officer.

Termination Date
Unless renewed by appropriate action prior to its expiration, this charter will expire on July 21, 2010.

APPROVED:

Date

Wendy Ponton
Director, Office of Management

 

This information reflects the current thinking of the United States Department of Health and Human Services on the topics addressed. This information is not legal advice and does not create or confer any rights for or on any person and does not operate to bind the Department or the public. The ultimate decision about the scope of the statutes authorizing the VICP is within the authority of the United States Court of Federal Claims, which is responsible for resolving claims for compensation under the VICP.