[Congressional Record (Bound Edition), Volume 149 (2003), Part 3]
[Extensions of Remarks]
[Pages 4146-4147]
[From the U.S. Government Publishing Office, www.gpo.gov]




          SMALLPOX VACCINE COMPENSATION AND SAFETY ACT OF 2003

                                 ______
                                 

                         HON. EDWARD J. MARKEY

                            of massachusetts

                    in the house of representatives

                      Thursday, February 13, 2003

  Mr. MARKEY. Mr. Speaker, I am pleased to join with Representative 
Waxman in co-sponsoring the ``Smallpox Vaccine Compensation and Safety 
Act of 2003''.
  The smallpox vaccine helps the body develop immunity to smallpox. The 
vaccine is made from a virus called vaccinia which is a ``pox''-type 
virus related to smallpox. The smallpox vaccine contains the ``live'' 
vaceinia virus--not dead virus like many other vaccines. For that 
reason, the vaccination site must be cared for carefully to prevent the 
virus from spreading. Also, the vaccine can have side effects such as 
fever and body aches to much more serious and life-threatening side 
effects. People most likely to have serious side effects are: people 
who have or had skin conditions (especially eczema or atopic 
dermatitis) and people with weakened immune systems, such as those who 
have received a transplant, are HIV positive, are receiving treatment 
for cancer, or are currently taking medications, such as steroids, that 
suppress the immune system. In addition, pregnant women should not get 
the vaccine because of the risk it poses to the fetus. Women who are 
breastfeeding should not get the vaccine. In the past, between 14 and 
52 people out of every 1 million people vaccinated for the first time 
experienced potentially life-threatening reactions to the vaccine. It 
is estimated that 1 or 2 people in 1 million who receive the vaccine 
may die as a result. Careful screening of potential vaccine recipients 
is essential to ensure that those at increased risk do not receive the 
vaccine.
  The Administration's smallpox vaccination program began on January 
24, 2003 with a much lower participation than expected and lower than 
is needed to adequately protect our nation against a bioterrorist 
threat. The low participation rate is due to the Bush Administration's 
failure to create a compensation program for the health care workers 
who will be injured by the smallpox vaccine. The Institute of Medicine 
reported that the lack of a compensation program could seriously impact 
the program's goal of increasing terrorism preparedness in the United 
States. The Administration has included protection for the vaccine 
manufactures and hospitals but seems to have forgotten the people who 
could suffer the most--the volunteers who are performing their 
patriotic duty by volunteering to participate in the vaccination 
program.
  We need legislation which includes funding to states to provide for 
education, screening, medical surveillance, and treatment; protection 
against discrimination in the workplace, and compensation for those 
harmed by adverse reactions. The ``Smallpox Vaccine Compensation and 
Safety Act of 2003'' creates a no-fault compensation program modeled on 
the existing childhood Vaccine Injury Compensation Program. This 
program has been extremely beneficial in providing compensation to the 
families and children who have been injured or

[[Page 4147]]

suffered by routine vaccination. Smallpox vaccine compensation will 
cover the people vaccinated or who are injured by coming into contact 
with someone who has recently been vaccinated for their unreimbursed 
medical expenses and lost wages.
  In addition the ``Smallpox Vaccine Compensation and Safety Act of 
2003'' will establish state grants to help with the costs of a safe 
vaccination program which includes pre-screening, education, follow-up 
care, and health care for people experiencing side-effects. This 
legislation would provide medical leave for health care workers and 
first responders who get sick from the smallpox vaccine and will make 
it unlawful to discriminate against workers who opt not to participate 
in the vaccination program.
  The ``Smallpox Vaccine Compensation and Safety Act of 2003'' will 
help to establish a safer vaccination program and provide a safety-net 
for the inevitable injuries due to vaccination. Ultimately, this should 
enhance participation in the Smallpox Vaccination Program and help 
reach the goal of preparedness against a bioterrorist smallpox threat.

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