[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3188 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3188

  To prohibit Federal funding or other assistance for mandatory human 
               papillomavirus (HPV) vaccination programs.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 13, 2009

  Mr. Gingrey of Georgia (for himself, Mrs. Blackburn, Mr. Latta, Mr. 
   Marchant, Mr. Akin, Mr. Bartlett, Mr. Pitts, Mr. Barrett of South 
Carolina, Mr. Pence, Mr. Posey, Mr. Hensarling, and Mr. Brady of Texas) 
 introduced the following bill; which was referred to the Committee on 
                          Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
  To prohibit Federal funding or other assistance for mandatory human 
               papillomavirus (HPV) vaccination programs.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Parental Right to Decide Protection 
Act''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) HPV, the human papillomavirus, is the most common 
        sexually transmitted infection in the United States. HPV types 
        16 and 18 cause about 70 percent of cervical cancers. The 
        Centers for Disease Control and Prevention estimates that about 
        6,200,000 Americans become infected with HPV each year and that 
        over half of all sexually active men and women become infected 
        at some time in their lives. On average, there are 9,710 new 
        cases of cervical cancer and 3,700 deaths attributed to it in 
        the United States each year.
            (2) Early detection is the key to diagnosing and curing 
        cervical cancer, and therefore the Food and Drug Administration 
        (FDA) recommends that all women get regular Pap tests. The Pap 
        test looks for cell changes caused by HPV, so the cervix can be 
        treated before the cells turn into cancer. The FDA also states 
        the Pap test can also find cancer in its early stages so it can 
        be treated before it becomes too serious, and reaches the 
        conclusion that it is rare to die from cervical cancer if the 
        disease is caught early.
            (3) On June 8, 2006, the FDA approved Gardasil, the first 
        vaccine developed to prevent cervical cancer, precancerous 
        genital lesions, and genital warts due to human papillomavirus 
        (HPV) types 6, 11, 16, and 18. Gardasil is a recombinant 
        vaccine, it does not contain a live virus, and it is given as 
        three injections over a six-month period. The vaccine is 
        approved for use in females 9-26 years of age. However, the FDA 
        also states that since the vaccine is new, more studies need to 
        be done to determine how long women will be protected from HPV. 
        For example, the FDA does not know if a booster is needed after 
        a couple of years to ensure continuity of protection.
            (4) As detailed by the FDA, four studies were conducted in 
        21,000 women, one in the United States and three multinational, 
        to show how well Gardasil worked in women between the ages of 
        16 and 26. The study period was not long enough for cervical 
        cancer to develop; however, preventing cervical precancerous 
        lesions is believed highly likely to result in the prevention 
        of cervical cancer.
            (5) In January 2007 the Advisory Committee on Immunization 
        Practices (ACIP), under the Centers for Disease Control and 
        Prevention, issued changes to the previous childhood and 
        adolescent immunization schedule. The ACIP recommends the new 
        human papillomavirus vaccine (HPV) to be administered in a 3-
        dose schedule with the second and third doses administered 2 
        and 6 months after the first dose. Routine vaccination with HPV 
        is recommended for females aged 11-12 years, the vaccination 
        series can be started in females as young as age 9 years, and a 
        catch up vaccination is recommended for females aged 13-26 
        years who have not been vaccinated previously or who have not 
        completed the full vaccine series.
            (6) In July 2008 Judicial Watch, a Washington-based public 
        interest group, reported that there have been close to 9,000 
        health complaints as a result of Gardasil. These complaints 
        have surfaced because Gardasil recipients have experienced 
        everything from massive wart outbreaks to paralysis, and even 
        death in 18 cases.
            (7) States historically have maintained the practice of 
        applying immunization recommendations to their school 
        admittance policies so as to protect schoolchildren from 
        outbreaks of contagious disease. The Association of American 
        Physicians and Surgeons states that there is no public health 
        purpose for mandating HPV vaccine for schoolchildren. HPV is a 
        sexually transmitted disease.
            (8) With a number of states entertaining legislation which 
        takes the unprecedented step in requiring young girls to obtain 
        a vaccine for a disease that is not spread by casual contact in 
        order to attend school, many organizations and associations 
        have come out against mandatory HPV vaccine programs.
            (9) The American College of Pediatricians and the 
        Association of American Physicians and Surgeons are opposed to 
        any legislation which would require HPV vaccination for school 
        attendance. They have stated that excluding children from 
        school for refusal to be vaccinated for a disease spread only 
        by intercourse is a serious, precedent-setting action that 
        trespasses on the right of parents to make medical decisions 
        for their children as well as on the rights of the children to 
        attend school.
            (10) Federal funds should not be used to implement a 
        mandatory vaccine program for a disease that does not threaten 
        the public health of schoolchildren in the course of casual, 
        daily interaction between classmates and inserts the government 
        into the lives of children, parents, and physicians.

SEC. 3. PROHIBITION AGAINST FUNDING FOR MANDATORY HUMAN PAPILLOMAVIRUS 
              (HPV) VACCINATION PROGRAMS.

    No Federal funds or other assistance may be made available to any 
State or political subdivision of a State to establish or implement any 
requirement that individuals receive vaccination for human 
papillomavirus (HPV).
                                 <all>