I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Parental Right to De5 cide Protection Act’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds as follows: 

8 (1) HPV, the human papillomavirus, is the 

9 most common sexually transmitted infection in the 


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1 United States. HPV types 16 and 18 cause about 70 

2 percent of cervical cancers. The Centers for Disease 

3 Control and Prevention estimates that about 

4 6,200,000 Americans become infected with HPV 

5 each year and that over half of all sexually active 

6 men and women become infected at some time in 

7 their lives. On average, there are 9,710 new cases of 

8 cervical cancer and 3,700 deaths attributed to it in 

9 the United States each year. 

10 (2) Early detection is the key to diagnosing and 

11 curing cervical cancer, and therefore the Food and 

12 Drug Administration (FDA) recommends that all 

13 women get regular Pap tests. The Pap test looks for 

14 cell changes caused by HPV, so the cervix can be 

15 treated before the cells turn into cancer. The FDA 

16 also states the Pap test can also find cancer in its 

17 early stages so it can be treated before it becomes 

18 too serious, and reaches the conclusion that it is 

19 rare to die from cervical cancer if the disease is 

20 caught early. 

21 (3) On June 8, 2006, the FDA approved 

22 Gardasil, the first vaccine developed to prevent cer23 vical cancer, precancerous genital lesions, and gen24 ital warts due to human papillomavirus (HPV) types 

25 6, 11, 16, and 18. Gardasil is a recombinant vacVerDate Nov 24 2008 02:14 Jul 14, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3188.IH H3188

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1 cine, it does not contain a live virus, and it is given 

2 as three injections over a six-month period. The vac3 cine is approved for use in females 9–26 years of 

4 age. However, the FDA also states that since the 

5 vaccine is new, more studies need to be done to de6 termine how long women will be protected from 

7 HPV. For example, the FDA does not know if a 

8 booster is needed after a couple of years to ensure 

9 continuity of protection. 

10 (4) As detailed by the FDA, four studies were 

11 conducted in 21,000 women, one in the United 

12 States and three multinational, to show how well 

13 Gardasil worked in women between the ages of 16 

14 and 26. The study period was not long enough for 

15 cervical cancer to develop; however, preventing cer16 vical precancerous lesions is believed highly likely to 

17 result in the prevention of cervical cancer. 

18 (5) In January 2007 the Advisory Committee 

19 on Immunization Practices (ACIP), under the Cen20 ters for Disease Control and Prevention, issued 

21 changes to the previous childhood and adolescent im22 munization schedule. The ACIP recommends the 

23 new human papillomavirus vaccine (HPV) to be ad24 ministered in a 3-dose schedule with the second and 

25 third doses administered 2 and 6 months after the 


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1 first dose. Routine vaccination with HPV is rec2 ommended for females aged 11–12 years, the vac3 cination series can be started in females as young as 

4 age 9 years, and a catch up vaccination is rec5 ommended for females aged 13–26 years who have 

6 not been vaccinated previously or who have not com7 pleted the full vaccine series. 

8 (6) In July 2008 Judicial Watch, a Wash9 ington-based public interest group, reported that 

10 there have been close to 9,000 health complaints as 

11 a result of Gardasil. These complaints have surfaced 

12 because Gardasil recipients have experienced every13 thing from massive wart outbreaks to paralysis, and 

14 even death in 18 cases. 

15 (7) States historically have maintained the 

16 practice of applying immunization recommendations 

17 to their school admittance policies so as to protect 

18 schoolchildren from outbreaks of contagious disease. 

19 The Association of American Physicians and Sur20 geons states that there is no public health purpose 

21 for mandating HPV vaccine for schoolchildren. HPV 

22 is a sexually transmitted disease. 

23 (8) With a number of states entertaining legis24 lation which takes the unprecedented step in requir25 ing young girls to obtain a vaccine for a disease that 


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1 is not spread by casual contact in order to attend 

2 school, many organizations and associations have 

3 come out against mandatory HPV vaccine programs. 

4 (9) The American College of Pediatricians and 

5 the Association of American Physicians and Sur6 geons are opposed to any legislation which would re7 quire HPV vaccination for school attendance. They 

8 have stated that excluding children from school for 

9 refusal to be vaccinated for a disease spread only by 

10 intercourse is a serious, precedent-setting action that 

11 trespasses on the right of parents to make medical 

12 decisions for their children as well as on the rights 

13 of the children to attend school. 

14 (10) Federal funds should not be used to imple15 ment a mandatory vaccine program for a disease 

16 that does not threaten the public health of school17 children in the course of casual, daily interaction be18 tween classmates and inserts the government into 

19 the lives of children, parents, and physicians. 

20 SEC. 3. PROHIBITION AGAINST FUNDING FOR MANDATORY 

21 HUMAN PAPILLOMAVIRUS (HPV) VACCINA22 TION PROGRAMS. 

23 No Federal funds or other assistance may be made 

24 available to any State or political subdivision of a State 


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1 to establish or implement any requirement that individuals 

2 receive vaccination for human papillomavirus (HPV). 

Æ 


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