Family Vaccine Protection Act
H.R. 3701 – Family Vaccine Protection Act: Codifies CDC vaccine advisory committee and sets rules for vaccine recommendations
119th Congress
H.R. 3701 would write the CDC’s Advisory Committee on Immunization Practices (ACIP) into federal law and spell out how it operates. It sets standards for how vaccine recommendations are made, shared, and sometimes changed, and it updates rules for the National Vaccine Injury Compensation Program. The bill authorizes funding for the committee from 2026 through 2029.
- Bill Number
- HR3701
- Chamber
- house
What This Bill Does
The bill adds a new section to the Public Health Service Act that formally establishes the Advisory Committee on Immunization Practices (ACIP) in law. It requires ACIP to give advice to the CDC Director on how vaccines licensed under federal law should be used to control vaccine‑preventable diseases in the civilian population. All ACIP recommendations must be based on a “preponderance of the best available, peer‑reviewed scientific evidence.” When ACIP makes a recommendation, the CDC Director must review it. The Director must adopt the recommendation unless the Director finds it is not supported by the best available science and explains that decision publicly. If adopted, the recommendation becomes an official recommendation of the Department of Health and Human Services, is posted on a public website, and is shared in writing with top health officials. If the Director or the Secretary later takes an action on vaccine use or coverage that goes against an ACIP recommendation, they must publish the scientific basis for doing so and notify key congressional committees within 48 hours. The bill directs ACIP to consider any newly licensed vaccine, or new use of an existing vaccine, at its next regular meeting and to issue a recommendation within 90 days of a request from the manufacturer. It requires ACIP to make recommendations for vaccines that are breakthrough therapies or intended for use during a declared public health emergency. ACIP must also develop immunization recommendations that private and group health plans use under existing law for deciding which vaccines must be covered without cost‑sharing, and it must set and review the list and schedule of vaccines for children in the Vaccines for Children (VFC) program. The Secretary and CDC must use ACIP’s list for buying and providing pediatric vaccines in the VFC program. ACIP’s advice must address how vaccines and immune globulin products are used in general, special patient groups or situations that may need different guidance, and recognized adverse events and contraindications. The committee can also develop guidance for vaccines granted an emergency use authorization. When ACIP creates, revises, or withdraws recommendations, it must review evidence on vaccine dosing, study design, target populations, outcomes, safety, and effectiveness, and may change guidance if new scientific information supports it. The bill lays out how ACIP is run. It must meet at least three times a year and within 90 days after a new vaccine first goes on the market. Meetings are open to the public unless closed under federal open‑meeting rules, and notices must be published. The CDC Director must appoint a Designated Federal Officer to manage meetings, ensure compliance with laws, and handle agendas. Records of the committee and any subcommittees must be stored under federal records rules and be available to the public, subject to federal freedom‑of‑information rules. The Secretary of Health and Human Services must appoint 15 to 19 voting members, including a chairperson, from individuals recommended by the U.S. Comptroller General. These members must have scientific, medical, public health, or consumer‑perspective expertise related to vaccines and immunization. There are also six named non‑voting ex‑officio members from major federal health agencies and program offices, and non‑voting liaison representatives from a long list of professional and stakeholder organizations. The bill sets term lengths, quorum rules, and allows ex‑officio members to be given temporary voting power if too many regular members are absent or conflicted. The bill authorizes ACIP to create subcommittees, with approval from the Secretary, to help with its work, but those subcommittees must report back to ACIP and cannot advise the department directly. It clarifies that, aside from the changes spelled out in this bill, ACIP’s existing authorities and duties under other laws remain in place. Finally, the bill authorizes $2.8 million per year for fiscal years 2026 through 2029 to cover ACIP’s operating costs, member compensation and travel, and staff support. Separately, the bill amends the National Vaccine Injury Compensation Program. It requires that any removal of a vaccine from the Vaccine Injury Table, or other changes to that table—such as adding or changing the injuries and conditions eligible for compensation—must also be supported by the preponderance of the best available scientific evidence about the vaccine’s safety or effectiveness. It states that this new requirement does not limit the Secretary’s existing power to add new vaccines to the table.
