Family Vaccine Protection Act

This bill provides statutory authority for the Advisory Committee on Immunization Practices (ACIP) and establishes related requirements. The bill also conditions the removal of a vaccine from the National Vaccine Injury Compensation Program (VICP) on supportive scientific evidence.

The ACIP provides advice and recommendations to the Centers for Disease Control and Prevention (CDC) on the use of vaccines and immunization strategies in the United States. Currently, the ACIP is governed by a charter. The bill establishes statutory requirements for the ACIP’s membership, procedures, and responsibilities for providing guidance and recommendations on the use of vaccines, including newly authorized vaccines and vaccines in response to public health emergencies.

Also, currently, the CDC reviews and decides whether to adopt the ACIP’s recommendations. The bill requires (1) the CDC to adopt any ACIP recommendation unless the CDC determines it is not supported by a preponderance of the best available scientific evidence, and (2) the Department of Health and Human Services (HHS) or the CDC, as applicable, to publish the scientific basis and notify Congress of any action they take that is contrary to an ACIP recommendation.

The VICP is a no-fault compensation program allowing individuals to seek federal funds for injuries allegedly caused by covered vaccines. Currently, HHS may modify via rulemaking the table of vaccines covered under the VICP. The bill requires any removal of a vaccine from the table to be supported by a preponderance of the best available scientific evidence regarding the vaccine’s safety or efficacy.