Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, this is an important issue, important to the health and safety of our Nation. Recent tragedies in the health care community have underscored the need for us to address it…
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, this is an important issue, important to the health and safety of our Nation.
Recent tragedies in the health care community have underscored the need for us to address it and pass a robust compensation package for victims. The President has called for America's nurses, firefighters, and other first responders to be vaccinated against smallpox. Ensuring our frontline health care responders are resistent to smallpox would enhance our ability to respond to an attack resulting from this kind of an outbreak. But this initiative is failing, and to make the program work we need to guarantee our first responders that they and their families will be compensated if they are harmed or killed by the vaccine.
If the administration insists that these people be vaccinated against the disease, then now more than ever it is critical that we provide the peace of mind that these frontline people deserve and need. They do not want handouts. They just want to know that if something happens to them, they and their families will be taken care of. It is not too much to ask. But I can tell you that the bill before us, as it is currently drafted, will not provide that level of assurance.
Before I came to Congress I worked as a public health nurse for many years. These are my colleagues that we are speaking of. And I know what it is like to be on the front line. If you will not take my word for it, listen to the American Nurses Association. They represent the interests of 2.7 million nurses across this country, and they have heard from their members. They oppose this bill because it is insufficient to make the program work.
First, the bill before us does not guarantee that this compensation program will be funded, and without a guarantee of funding, nurses and other first responders who serve their country and become harmed by the vaccine will have no assurance that the bill's promises will be kept.
Second, this bill puts unfair caps on the wage compensation an injured nurse or other first responder can receive. These caps would unfairly penalize those families who lose their main source of income.
We should reject this bill; and instead, we should pass legislation such as the gentleman from California (Mr. Waxman) and I have crafted with our colleagues and with input with direct guidance from these first responders. Our legislation would ensure that medical benefits and the compensation in this bill are funded for years to come. It would recognize and compensate the longer-term loss of wages that could result from such an adverse effect, and it would allow families who lose their main source of income because of the vaccine that they be fully compensated for their loss.
This bill would tell nurses that if they take this risk and serve their country that their families will not be left without resources or hope. Ultimately, the risk of adverse effects is low. Perhaps 200 people out of the 10 million that we want to vaccinate could be affected, but it is so important that we provide the assurance that if a person is one of those 200 people they will be compensated adequately.
Congress now has before it the opportunity to instill, first, confidence in our first responders and truly prepare us for the possible nightmare of a smallpox outbreak. The administration has been disappointed thus far in the turnout for the vaccine. If the wrong kind of legislation is passed, the turnout runs the risk of remaining small, thus, not meeting the goal of the administration.
If this bill before us is not effective, this is our opportunity to fix it. Let us take the time to get it right so that we can create this shield against a bioterrorist attack in the form of smallpox.
I urge my colleagues to support their first responders, to protect America from the threat of smallpox. Defeat this bill. Let us take the time to get this right.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume.
(Mrs. CAPPS asked and was given permission to revise and extend her remarks, and include extraneous material.)
Mr. Speaker, I insert for the Record letters from the following groups which I have before me. These letters are written by the American Public Health Association; the International Union of Police Associations; the American Nurses Association; the International Association of Firefighters; the American Federation of Teachers; the American Federation of State, County and Municipal Employees; the Service Employers National Union; and the Infectious Disease Society of America.
American Nurses Association,
March 28, 2003.
Dear Representative: On behalf of the American Nurses
Association (ANA), I urge you to oppose the Smallpox
Emergency Personnel Protection Act (H.R. 1463). This bill
does not provide adequate education, prescreening,
surveillance, and compensation--therefore it will not result
in an increase in the number of nurses volunteering for
vaccinations. As this bill will be considered under the
suspension of the rules, you will be denied the opportunity
to vote in favor of the Capps/Waxman substitute that ANA
supports.
The ANA is the only full-service association representing
the nation's RNs through our 54 state and territorial
constituent member organizations. Our members are well
represented in the Administration's plan to vaccinate 10.5
million health care workers and first responders.
ANA supports efforts to ensure that our nation is prepared
for a possible terrorist attack. ANA has, since November
2002, been trying to work with the Administration to
formulate a strong smallpox vaccination program that will
encourage nurses to volunteer to be immunized. Since the
Administration's plan was first announced, ANA has repeatedly
raised questions about the health and safety of nurses who
are vaccinated, as well as their patients and families. ANA's
concerns have been echoed by many in the public health
community and reinforced by an expert panel from the
Institute of Medicine. Unfortunately, the Smallpox Emergency
Personnel Protection Act (H.R. 1463), fails to address these
questions.
The smallpox vaccine is a live virus. It has the worst
record of negative side effects of any vaccine in the world.
It is imperative, as a matter of public health, that those
being vaccinated understand the risks of the vaccine to
themselves and their loved ones, and be prescreened for
conditions that require them to refuse the vaccine. The
smallpox inoculation site can shed the live virus for up to
three weeks. In the 1960s, more than 20% of the adverse
vaccination events occurred in secondary contacts. Therefore,
the vaccination program poses a risk not only to nurses, but
also to their patients and families.
Members of the armed services have received personalized
education, and free and confidential prescreening prior to
the administration of the vaccine. This process properly
screened out one-third of the potential recipients. The
Smallpox Emergency Personnel Protection Act fails to require
a similar program. In addition, H.R. 1463 fails to require
sufficient funding needed to ensure that state and local
public health officials can actually implement the crucial
education, prescreening, and surveillance programs. The
recent death of a Maryland nurse, a Florida nurse aide, and a
National Guardsman only underscore the need for this robust
education, prescreening, and surveillance effort. Nurses and
other first responders will continue to feel uncomfortable
about the vaccine until they receive the reliable information
needed to make an informed decision.
Furthermore, H.R. 1463 contains an insufficient, unfunded
compensation program. The Administration is basically asking
healthy nurses to place themselves (as well as their patients
and families) at risk for the common good. The vaccination
has no tangible benefits for nurses; it is sought in the name
of homeland security. ANA does not believe that nurses should
be made to bear this public risk without the guarantee of a
real compensation program. H.R. 1463 contains an unacceptable
lifetime cap on wage replacement and fails to ensure that
funds will be available for the compensation fund.
ANA urges you to vote against H.R. 1463. Your no vote does
not mean that you oppose a smallpox compensation program. In
fact, the solid disapproval of this bill will demonstrate
needed support for a real smallpox vaccination program, such
as the Capps/Waxman substitute. Please feel free to call Erin
McKeon (202) 651-7095 or Christopher Donnellan (202) 651-7088
on my staff with any questions regarding this letter.
Sincerely,
Rose Gonzalez, MPS, RN,
Director, Government Affairs.
Mr. Speaker, could I inquire what time remains?
Mr. Speaker, I yield myself such time as I may consume to
say, with all due respect to my chairman, for whom I have a great deal of respect, that I commend him for his sense of urgency about the timing of this. The first responders, my colleagues who are nurses, have told us that they want confidence before they are going to roll up their sleeves and take this vaccine, and that this bill does not give them the confidence and that is why we stand in opposition to this bill.
Mr. Speaker, I yield 2 minutes to the gentleman from California (Mr. Waxman) for a response.
Could I beg of the Chair to consider then, because I was generous in yielding to my colleague, that we be given more time, because we have several people who still wish to speak?
Mr. Speaker, could I now inquire how much time is remaining?
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I am happy to yield 1\1/2\ minutes to the gentleman from Ohio (Mr. Strickland), a member of the Subcommittee on Health.
Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from Massachusetts (Mr. Markey).
Mr. Speaker, I yield myself the balance of my time.
I stand here with my colleagues in opposition to this bill, drafted by the leadership with a kind of arrogance that presumes to know what is best for our first responders than they themselves know. With their testimony, with their letters, with their anguish, they implore us to give them the confidence that they need if they are going to be asked to take a risk to become a part of the shield to protect this Nation against terrorist attack.
We need to defeat this legislation for them so that they can have confidence in this House that we can do what is right, not just for them but for our Nation in this time of peril. And so I will close by using some of the language of my colleague, the ranking member of the Committee on Energy and Commerce, the gentleman from Michigan (Mr. Dingell) who says in his written statement, ``Right after we defeat this bill, I hope that we can set about the task of creating bipartisan legislation that all Members of the House can support. The very people this bill purports to help, nurses, EMTs, police officers, firefighters, find this hastily crafted legislation lacking. Why? Because it fails to address their very significant concerns.''
Mr. Speaker, on that I demand the yeas and nays.