[Congressional Record Volume 149, Number 52 (Tuesday, April 1, 2003)]
[Extensions of Remarks]
[Pages E638-E639]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                SMALLPOX EMERGENCY PERSONNEL ACT OF 2003

                                 ______
                                 

                               speech of

                             HON. JIM DAVIS

                               of florida

                    in the house of representatives

                         Monday, March 31, 2003

  Mr. DAVIS of Florida. Mr. Speaker, unfortunately, I must rise in 
opposition to H.R. 1463, the Smallpox Emergency Personnel Protection 
Act, because the House Republican Leadership has chosen to schedule 
this bill through Suspension of the Rules, a process normally used for 
non-controversial legislation. In addition, they further violated the 
legislative process by not allowing this bill to go through the normal 
committee process.
  By doing so, the leadership has ignored the legitimate and important 
issues raised by a considerable number of members of Congress and 
unions representing ``First Responders,'' the very group of people this 
legislation seeks to protect. Because of the lack of input from all 
parties involved, this legislation will fail to accomplish its central 
goal, the inoculation of ``First Responders.''
  If the Leadership had allowed fair and open debate on this 
legislation through the normal legislative process, I would seriously 
consider supporting this legislation rather than opposing it. Because 
we have prohibited amendments and debate on some important issues, I 
must vote against this legislation.

[[Page E639]]

  Through the normal legislative process, amendments could have been 
offered to address some deficiencies in this bill. I know that our 
colleagues, Representatives Capps and Waxman, worked hard to try to 
address many of my concerns. I'd like to take a moment to outline some 
of my misgivings with this legislation.
  My deepest concern about this bill, as we are considering it today, 
is that we are mandating that states develop a vaccine compensation 
program; however, we are not providing any funds to our states to fund 
this mandate. Mr. Chairman, we all know that most of our states are 
facing as serious financial problems as is the federal government. To 
pass this bill without any commitment to a funding level is wrong and a 
slap in the face to our valued ``First Responders.''
  I am also opposed to the coercive nature of this bill that forces 
``First Responders'' to receive vaccinations within 180 days to remain 
eligible for compensation. The bill provides no exceptions in any 
event, including if the public health department is unable to meet the 
deadline or if a worker has a temporary illness that prevents him or 
her from receiving the vaccination.
  In addition, we should have openly debated an amendment that 
increases the onetime lump sum payment of $262,100 to families of 
individuals who die or develop total permanent disability as a result 
of vaccination. This amount is only equivalent to 5-to-6 years of 
salary for the average nurse or firefighter--hardly adequate 
compensation for a family of dependents forced to live the rest of 
their lives without a working breadwinner. Likewise, this legislation 
caps the lifetime payout for partial or temporary disability at 
$262,100 instead providing compensation for the duration of the 
disability.
  A thorough education and pre-screening process could significantly 
reduce the number of individuals adversely affected by inoculation. 
This is the recommendation of the Centers for Disease Control (CDC) in 
response to recent deaths surrounding smallpox vaccinations. This bill, 
as written, fails to adequately address the CDC's concerns.
  I applaud our colleague, Mr. Burr, for taking the lead on bringing 
this issue to the Floor of the House. I also commend Mr. Waxman and Ms. 
Capps who were actively working to address the deficiencies I've just 
highlighted. I regret that we as a body are unable to debate the 
solutions they propose. I look forward to working with these 
distinguished members in the future to find better ways to protect 
``First Responders'' from the threat of smallpox.

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