[Congressional Record (Bound Edition), Volume 149 (2003), Part 6]
[House]
[Pages 7860-7861]
[From the U.S. Government Publishing Office, www.gpo.gov]




                     SMALLPOX VACCINE COMPENSATION

  The SPEAKER pro tempore. Pursuant to the order of the House of 
January 7, 2003, the gentlewoman from California (Mrs. Capps) is 
recognized during morning hour debates for 5 minutes.
  Mrs. CAPPS. Mr. Speaker, what an honor it is for me to follow after 
my esteemed colleague from Ohio, the ranking member of the subcommittee 
that I am also a member on, where we would have very much appreciated 
being able to debate and discuss this legislation before we find it 
today on the suspension calendar.
  Later today, we will take up the legislation and will be addressing 
the matter of smallpox vaccine compensation. It goes without saying 
that during the past week, with tragic incidents of death as a result, 
some serious concerns have been raised about the safety of this 
vaccine. These incidents speak even more forcefully for the need to do 
more research, find more information, and provide more screening about 
the smallpox vaccine. But if the administration insists that America's 
nurses, firefighters, and other first responders must be vaccinated 
against this disease to provide a protection, a bioterrorism protection 
shield, then now more than ever it is critical that we provide the 
peace of mind that these first responders need. Our first responders 
must know that in the event of an adverse or even fatal reaction, their 
needs and the needs of their families will be taken care of.
  The overall goal of the administration is to make sure we are 
prepared for a possible outbreak of smallpox as part of a terrorist 
attack.

                              {time}  1245

  But this initiative is failing. These medical and public safety 
professionals know very well the risks of this disease and the vaccine, 
and few have been willing to step up and take it. Understandably, they 
want to know that they and their loved ones will be taken care of in 
case something goes wrong. It is not a lot to ask, but they do not at 
this moment have that assurance, and these recent tragic cases show 
that their concerns are not unfounded.
  The bottom line remains that we must pass a fair compensation plan in 
order to make the smallpox vaccine program more attractive and 
palliative to those who are asked to be first responders and to take 
this protection. That is the goal of all of us in the House today.
  The Institute of Medicine has reported that the absence of such a 
plan is a major barrier to an effective vaccine program; but the bill 
that is on the floor today is not going to give nurses, firefighters, 
and other first responders the assurances that they need to be 
vaccinated. It imposes unfair caps on lost wage reimbursements. It does 
not guarantee that the promises in the bill will be funded. And it will 
not work.
  First responders in our communities have spoken clearly. In fact, a 
few hours ago we stood together on Capitol Hill as they told us what 
plan will work. The House of Representatives needs to listen to these 
people. The nurses are my colleagues. I served with

[[Page 7861]]

them on the front lines for over 2 decades in my community in Santa 
Barbara, California. They tell me that the House should reject this 
bill. We should pass this legislation that the gentleman from 
California (Mr. Waxman) and I have crafted with our colleagues and with 
our first responders' input, again, the goal being that the President 
wants our first responders to be prepared in the event of a smallpox 
attack, and we want to help them. But this bill and the efforts to 
block alternative proposals are simply making our nurses, our 
firefighters, and our other first responders feel even more 
uncomfortable about stepping up and volunteering to take this vaccine.
  The bill before us today provides a $262,000 lifetime cap at $50,000 
per year. This could perhaps in some instances last only 5 years. 
Consider this: as someone who perhaps is the bread earner for their 
family, perhaps the sole support for their children, who weighs this 
compensation package against the risks, albeit small, but if they are, 
they could be devastating, and to know that is the bottom line that is 
going to be offered under this legislation and with that no guarantee 
that the funding will be there year after year as more and more first 
responders are asked to take this extra step.
  As a contrast, our alternative provides nurses and first responders 
with the confidence they need because it guarantees that the funding 
will be there for them. If it is a small number who are at risk, as the 
administration and as the Centers for Disease Control say, then we 
should be generous with these people. The alternative that we had hoped 
to propose provides a compensation of up to $75,000 per year, but with 
no lifetime cap, and this is the legislation that we ask that we be 
allowed to debate and vote on on the floor.
  We ask that our colleagues reject the bill before us today and let us 
debate this measure in fairness to our first responders.

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