From the U.S. House of Representatives Downloadable U.S. Code
[uscode.house.gov]
[Laws in effect as of January 5, 1999]

[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
 
-HEAD-
    Sec. 300aa-19. Advisory Commission on Childhood Vaccines
 
-STATUTE-
    (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.
 
-SOURCE-
    (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.)
 
-COD-
                                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.
 
-MISC3-
                                 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.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 300aa-33 of this title.