Smallpox Emergency Personnel Protection Act of 2003
Latest action · Mar 31, 2003 On motion to suspend the rules and pass the bill Failed by the Yeas and Nays: (2/3 required): 184 - 206 (Roll no. 92). (text: CR H2478-2480)
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedMar 27, 2003
- Passed HouseNot reached
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
Smallpox Emergency Personnel Protection Act of 2003 - (Sec. 2) Amends title II of the Public Health Service Act to add a new part, Part C (Smallpox Emergency Personnel Protection). Directs the Secretary of Health and Human Services to establish procedures for determining whether an individual is an eligible individual under this Act who qualifies for compensation for a covered injury or injuries.
Defines a covered injury as an injury, disability, illness, condition, or death arising in a specified time period from the administration of a smallpox vaccine or arising in specified circumstances from an accidental smallpox inoculation. Defines a covered individual as an individual from one of certain professions who is or will be functioning as part of a federally approved smallpox emergency response plan and who receives a smallpox vaccine. Defines an eligible individual as a covered individual who sustains a covered injury from a smallpox vaccine or as an individual who is accidentally inoculated and sustains a covered injury.
Directs the Secretary to create a smallpox vaccine injury table identifying adverse effects that shall be presumed to result from the administration of (or exposure to) a smallpox vaccine and the time period in which the first symptom of each such adverse effect must occur for such presumption to apply. Permits the Secretary to amend the table by regulation. Sets forth the procedure for the Secretary to make determinations other than those described in the table as to the causation or severity of an injury.
Allows the Secretary to review and affirm, vacate, or modify determinations of adverse effects. Declares that no court shall have subject matter jurisdiction to review any such determination. Allows an officer or employee of the United States to review any such determination at the behest of the President.
Requires the Secretary to make payments for medical items and services as reasonable and necessary to treat a covered injury of an eligible individual. Directs the Secretary to provide compensation according to a specified formula to an eligible individual for the loss of employment income incurred due to a covered injury. Limits such payments to a maximum of $50,000 for any year and sets a limit on the lifetime total of such compensation equal to the death benefit established below. Requires the Secretary to pay a permanent and total disability benefit according to a specified formula to an eligible individual who is determined to have a covered injury or injuries meeting the definition of disability in a specified Social Security Act provision outlining definitions. Directs the Secretary to pay a death benefit according to a specified formula to the survivor or survivors of an eligible individual whose death is determined to have resulted from a covered injury or injuries. Sets limitations on both benefits.
Directs the Secretary to ensure that State, local, or Department of Health and Human Services smallpox emergency response plans under this Act are consistent with guidelines of the Centers for Disease Control and Prevention with respect to the education of individual participants and the adequate screening of individuals for vaccine contraindications.
Authorizes appropriations through FY 2007.
(Sec. 3) Amends Public Health Service Act provisions regarding: (1) tort liability for the administration of smallpox countermeasures; and (2) the administration of smallpox countermeasures by health professionals, including to modify the definitions of covered countermeasure, covered person, and qualified person.
Recorded votes 1
Newest first. Open one to see how every member voted.
| Roll call | Question | Result | Date |
|---|---|---|---|
| House 92 | On Motion to Suspend the Rules and Pass | Failed184–206 | Mar 31, 2003 |
Cosponsors 6
Members who signed on, in the order they did. All signed on Mar 27, 2003.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| R-MS | Charles W. "Chip" Pickering | Original | Mar 27, 2003 |
| R-GA | Charles W. Norwood | Original | Mar 27, 2003 |
| R-KY | Ed Whitfield | Original | Mar 27, 2003 |
| R-MI | Fred Upton | Original | Mar 27, 2003 |
| R-FL | Michael Bilirakis | Original | Mar 27, 2003 |
| D-LA | W. J. (Billy) Tauzin | Original | Mar 27, 2003 |
Committees 3
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Energy and Commerce Committee | Referred Mar 27, 2003 |
| House | Education and Workforce Committee | Referred Mar 27, 2003 |
| House | Judiciary Committee | Referred Mar 27, 2003 |
| Immigration Integrity, Security, and Enforcement Subcommittee | Referred Mar 27, 2003 |
Actions 10
Everything that happened, newest first.
- Mar 31, 2003Mr. Tauzin moved to suspend the rules and pass the bill.
- Mar 31, 2003Considered under suspension of the rules. (consideration: CR H2478-2494)
- Mar 31, 2003DEBATE - The House proceeded with forty minutes of debate on H.R. 1463.
- Mar 31, 2003At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
- Mar 31, 2003Considered as unfinished business. (consideration: CR H2504-2505)
- Mar 31, 2003Failed of passage/not agreed to in House: On motion to suspend the rules and pass the bill Failed by the Yeas and Nays: (2/3 required): 184 - 206 (Roll no. 92). (text: CR H2478-2480)
- Mar 31, 2003Motion to reconsider laid on the table Agreed to without objection.
- Mar 27, 2003Introduced in House
- Mar 27, 2003Referred to the Committee on Energy and Commerce, and in addition to the Committees on Education and the Workforce, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- Mar 27, 2003Referred to the Subcommittee on Immigration, Border Security, and Claims.
In the Congressional Record 3
Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.
| Where | In the Record | Members | Date |
|---|---|---|---|
| Extensions | Debate and remarks E677 | Dennis Moore D-KS | Apr 3, 2003 |
| Extensions | Debate and remarks E638 | Jim Davis D-FL | Apr 1, 2003 |
| House | Debate and remarks H2476, H2478–H2494Text printed H2478–H2480Recorded votes H2504enact | Benjamin L. Cardin D-MD, Christopher Cox R-CA, Edolphus Towns D-NY, Edward J. Markey D-MA, F. James Sensenbrenner, Jr. R-WI, Fortney Pete Stark D-CA, Henry A. Waxman D-CA, Janice D. Schakowsky D-IL, John A. Boehner R-OH, John D. Dingell D-MI, Lois Capps D-CA, Mark Udall D-CO, Michael C. Burgess R-TX, Nancy Pelosi D-CA, Richard Burr R-NC, Rush Holt D-NJ, Sander M. Levin D-MI, Sheila Jackson Lee D-TX, Sherrod Brown D-OH, Ted Strickland D-OH, Tom Udall D-NM, W. J. (Billy) Tauzin D-LA | Mar 31, 2003 |
Related bills 1
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| HR 1770 | Smallpox Emergency Personnel Protection Act of 2003 | Related bill | Apr 30, 2003 |
Titles 3
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- To provide benefits for certain individuals with injuries resulting from administration of a smallpox vaccine, and for other purposes.
- Short Titles as Introduced
- Smallpox Emergency Personnel Protection Act of 2003
- Popular Titles
- Vaccine Compensation bill
Subjects
Assigned by the Library of Congress. Policy area: Health.
- Administrative procedure
- Administrative remedies
- Civil actions and liability
- Claims
- Collection of accounts
- Compensation (Law)
- Crime and Law Enforcement
- Department of Health and Human Services
- Disability insurance
- Disabled
- Economics and Public Finance
- Emergency Management
- Emergency medicine
- Employee health benefits
- Evidence (Law)
- Families
- Federal employees
- Fire fighters
- Government employees' health insurance
- Government liability
- Government Operations and Politics
- Health
- Health education
- Health insurance
- Informed consent (Medical law)
- Labor and Employment
- Law
- Law enforcement officers
- Liability (Law)
- Limitation of actions
- Medical economics
- Medical malpractice
- Medical personnel
- Medical screening
- Paramedical personnel
- Police
- Public health personnel
- Self-employed
- Smallpox
- Survivors' benefits
- Terrorism
- Torts
- Vaccination
- Vaccines
- Wages
Text 1
Each version as it was printed, newest first.
- Mar 27, 2003Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.