Smallpox Emergency Personnel Protection Act of 2003

Bill: 108-hr-1463
Sponsor: Rep. Burr, Richard [R-NC-5]
Introduced: 2003-03-27 in the House
Policy area: Health
Subjects: Administrative procedure
Administrative remedies
Civil actions and liability
Claims
Collection of accounts
Compensation (Law)
Crime and Law Enforcement
Department of Health and Human Services
Disability insurance
Disabled
Economics and Public Finance
Emergency Management
Emergency medicine
Employee health benefits
Evidence (Law)
Families
Federal employees
Fire fighters
Government Operations and Politics
Government employees' health insurance
Government liability
Health education
Health insurance
Informed consent (Medical law)
Labor and Employment
Law
Law enforcement officers
Liability (Law)
Limitation of actions
Medical economics
Medical malpractice
Medical personnel
Medical screening
Paramedical personnel
Police
Public health personnel
Self-employed
Smallpox
Survivors' benefits
Terrorism
Torts
Vaccination
Vaccines
Wages

Summary:
action_date: 2003-03-27
text: Smallpox Emergency Personnel Protection Act of 2003 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to establish procedures for determining whether an individual is an eligible individual under this Act who qualifies for compensation for a covered injury or injuries.
Defines a covered injury as an injury, disability, illness, condition, or death arising in a specified time period from the administration of a smallpox vaccine or arising in specified circumstances from an accidental smallpox inoculation. Defines a covered individual as an individual from one of certain professions who is or will be functioning as part of a Federally approved smallpox emergency response plan and who receives a smallpox vaccine. Defines an eligible individual as a covered individual who sustains a covered injury from a smallpox vaccine or as an individual who is accidentally inoculated and sustains a covered injury.
Directs the Secretary to create a smallpox vaccine injury table identifying adverse effects that shall be presumed to result from the administration of (or exposure to) a smallpox vaccine and the time period in which the first symptom of each such adverse effect must occur for such presumption to apply.
Requires the Secretary to make payments for medical items and services as reasonable and necessary to treat a covered injury of an eligible individual. Directs the Secretary to provide compensation according to a specified formula to an eligible individual for the loss of employment income incurred due to a covered injury. Provides separately for benefits for permanent and total disability and death.
Amends Public Health Service Act provisions regarding: (1) tort liability for the administration of smallpox countermeasures; and (2) the administration of smallpox countermeasures by health professionals, including to modify the definitions of covered countermeasure, covered person, and qualified person.
action_date: 2003-03-31
text: 
(This measure has not been amended since it was introduced in the House on March 27, 2003. The summary has been expanded because action occurred on the measure.)

Smallpox Emergency Personnel Protection Act of 2003 - (Sec. 2) Amends title II of the Public Health Service Act to add a new part, Part C (Smallpox Emergency Personnel Protection). Directs the Secretary of Health and Human Services to establish procedures for determining whether an individual is an eligible individual under this Act who qualifies for compensation for a covered injury or injuries.
Defines a covered injury as an injury, disability, illness, condition, or death arising in a specified time period from the administration of a smallpox vaccine or arising in specified circumstances from an accidental smallpox inoculation. Defines a covered individual as an individual from one of certain professions who is or will be functioning as part of a federally approved smallpox emergency response plan and who receives a smallpox vaccine. Defines an eligible individual as a covered individual who sustains a covered injury from a smallpox vaccine or as an individual who is accidentally inoculated and sustains a covered injury.
Directs the Secretary to create a smallpox vaccine injury table identifying adverse effects that shall be presumed to result from the administration of (or exposure to) a smallpox vaccine and the time period in which the first symptom of each such adverse effect must occur for such presumption to apply. Permits the Secretary to amend the table by regulation. Sets forth the procedure for the Secretary to make determinations other than those described in the table as to the causation or severity of an injury.
Allows the Secretary to review and affirm, vacate, or modify determinations of adverse effects. Declares that no court shall have subject matter jurisdiction to review any such determination. Allows an officer or employee of the United States to review any such determination at the behest of the President.
Requires the Secretary to make payments for medical items and services as reasonable and necessary to treat a covered injury of an eligible individual. Directs the Secretary to provide compensation according to a specified formula to an eligible individual for the loss of employment income incurred due to a covered injury. Limits such payments to a maximum of $50,000 for any year and sets a limit on the lifetime total of such compensation equal to the death benefit established below. Requires the Secretary to pay a permanent and total disability benefit according to a specified formula to an eligible individual who is determined to have a covered injury or injuries meeting the definition of disability in a specified Social Security Act provision outlining definitions. Directs the Secretary to pay a death benefit according to a specified formula to the survivor or survivors of an eligible individual whose death is determined to have resulted from a covered injury or injuries. Sets limitations on both benefits.
Directs the Secretary to ensure that State, local, or Department of Health and Human Services smallpox emergency response plans under this Act are consistent with guidelines of the Centers for Disease Control and Prevention with respect to the education of individual participants and the adequate screening of individuals for vaccine contraindications.
Authorizes appropriations through FY 2007.
(Sec. 3) Amends Public Health Service Act provisions regarding: (1) tort liability for the administration of smallpox countermeasures; and (2) the administration of smallpox countermeasures by health professionals, including to modify the definitions of covered countermeasure, covered person, and qualified person.

Legislative actions:
action_date: 2003-03-31
text: On motion to suspend the rules and pass the bill Failed by the Yeas and Nays: (2/3 required): 184 - 206 (Roll no. 92). (text: CR H2478-2480)
action_date: 2003-03-31
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2003-03-31
text: Failed of passage/not agreed to in House: On motion to suspend the rules and pass the bill Failed by the Yeas and Nays: (2/3 required): 184 - 206 (Roll no. 92).(text: CR H2478-2480)
action_date: 2003-03-31
text: Considered as unfinished business. (consideration: CR H2504-2505)
action_date: 2003-03-31
text: At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
action_date: 2003-03-31
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 1463.
action_date: 2003-03-31
text: Considered under suspension of the rules. (consideration: CR H2478-2494)
action_date: 2003-03-31
text: Mr. Tauzin moved to suspend the rules and pass the bill.
action_date: 2003-03-27
text: Referred to the Subcommittee on Immigration, Border Security, and Claims.
action_date: 2003-03-27
text: Referred to the Committee on Energy and Commerce, and in addition to the Committees on Education and the Workforce, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2003-03-27
text: Referred to the Committee on Energy and Commerce, and in addition to the Committees on Education and the Workforce, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2003-03-27
text: Referred to the Committee on Energy and Commerce, and in addition to the Committees on Education and the Workforce, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2003-03-27
text: Referred to the Committee on Energy and Commerce, and in addition to the Committees on Education and the Workforce, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2003-03-27
text: Introduced in House
action_date: 2003-03-27
text: Introduced in House