
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC300aa-19]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
                        SUBCHAPTER XIX--VACCINES
 
          Part 2--National Vaccine Injury Compensation Program
 
                     subpart a--program requirements
 
Sec. 300aa-19. Advisory Commission on Childhood Vaccines


(a) Establishment

    There is established the Advisory Commission on Childhood Vaccines. 
The Commission shall be composed of:
        (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 Food and 
    Drugs (or the designees of such officials), each of whom shall be a 
    nonvoting ex officio member.

The Secretary shall select members of the Commission within 90 days of 
October 1, 1988. The members of the Commission shall select a Chair from 
among the members.

(b) Term of office

    Appointed members of the Commission shall be appointed for a term of 
office of 3 years, except that of the members first appointed, 3 shall 
be appointed for a term of 1 year, 3 shall be appointed for a term of 2 
years, and 3 shall be appointed for a term of 3 years, as determined by 
the Secretary.

(c) Meetings

    The Commission shall first meet within 60 days after all members of 
the Commission are appointed, and thereafter shall meet not less often 
than four times per year and at the call of the chair. A quorum for 
purposes of a meeting is 5. A decision at a meeting is to be made by a 
ballot of a majority of the voting members of the Commission present at 
the meeting.

(d) 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 grade GS-18 of the 
General Schedule for each day (including traveltime) 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 
section 5703 of title 5 for employees serving intermittently.

(e) Staff

    The Secretary shall provide the Commission with such professional 
and clerical staff, such information, and the services of such 
consultants as may be necessary to assist the Commission in carrying out 
effectively its functions under this section.

(f) 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 300aa-27 of this title 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 300aa-25(b) of this 
    title, 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, and
        (5) recommend to the Director of the National Vaccine Program 
    research related to vaccine injuries which should be conducted to 
    carry out this part.

(July 1, 1944, ch. 373, title XXI, Sec. 2119, as added Pub. L. 99-660, 
title III, Sec. 311(a), Nov. 14, 1986, 100 Stat. 3771; amended Pub. L. 
100-203, title IV, Sec. 4302(b)(1), Dec. 22, 1987, 101 Stat. 1330-221; 
Pub. L. 102-168, title II, Sec. 201(g), Nov. 26, 1991, 105 Stat. 1104; 
Pub. L. 102-531, title III, Sec. 312(d)(14), Oct. 27, 1992, 106 Stat. 
3505.)

                          Codification

    In subsec. (a), ``October 1, 1988'' substituted for ``the effective 
date of this subpart'' on authority of section 323 of Pub. L. 99-660, as 
amended, set out as an Effective Date note under section 300aa-1 of this 
title.


                               Amendments

    1992--Subsec. (a)(2). Pub. L. 102-531 substituted ``Centers for 
Disease Control and Prevention'' for ``Centers for Disease Control''.
    1991--Subsec. (c). Pub. L. 102-168 inserted ``present at the 
meeting'' before period at end.
    1987--Subsec. (a). Pub. L. 100-203 substituted ``effective date of 
this subpart'' for ``effective date of this part'' in last sentence.


                   Termination of Advisory Commissions

    Advisory commissions established after Jan. 5, 1973, to terminate 
not later than the expiration of the 2-year period beginning on the date 
of their establishment, unless, in the case of a commission established 
by the President or an officer of the Federal Government, such 
commission is renewed by appropriate action prior to the expiration of 
such 2-year period, or in the case of a commission established by the 
Congress, its duration is otherwise provided by law. See sections 3(2) 
and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the 
Appendix to Title 5, Government Organization and Employees.
    Pub. L. 93-641, Sec. 6, Jan. 4, 1975, 88 Stat. 2275, set out as a 
note under section 217a of this title, provided that an advisory 
committee established pursuant to the Public Health Service Act shall 
terminate at such time as may be specifically prescribed by an Act of 
Congress enacted after Jan. 4, 1975.


         References in Other Laws to GS-16, 17, or 18 Pay Rates

    References in laws to the rates of pay for GS-16, 17, or 18, or to 
maximum rates of pay under the General Schedule, to be considered 
references to rates payable under specified sections of Title 5, 
Government Organization and Employees, see section 529 [title I, 
Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376 
of Title 5.

                  Section Referred to in Other Sections

    This section is referred to in section 300aa-33 of this title.
