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Smallpox Emergency Personnel Protection Act of 2003

Public Law 108-20 · H.R. 1770 · 108th Congress · began in the House

Signed by George W. Bush (R) on Apr 30, 2003 · Health

Sponsor: Rep. Richard Burr (R-NC-5)

Cosponsors: None

Passage votes

  • HouseUnanimous consent
  • SenateUnanimous consent
Data notes

The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.

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Summary

The Congressional Research Service’s plain-language summary of what the law does.

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.

Permits the Secretary to make structured settlement agreements with individuals based on the reasonable likelihood that certain compensation under this Act will be required for a period in excess of one year from the date an individual is determined to be eligible for such compensation.

Allows the Secretary to review and affirm, vacate, or modify determinations of eligibility for compensation under this Act. 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.

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.

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, but makes such lifetime limit inapplicable in the case of permanent and total disability. Terminates such payments once an individual reaches the age of 65.

Directs the Secretary to pay death benefits according to a specified formula to the survivor or survivors of an eligible individual whose death occurred due to a covered injury or injuries. Allows the legal guardian of any minor dependents of such a deceased individual to receive payments according to a specified formula on behalf of such dependents in lieu of a death benefit. Terminates any such payments once the youngest dependent reaches the age of 18.

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.

Committees

The committees the bill was sent to, and what each did with it.

Data notes

A committee links to its page only where it exists in the current Congress; older and renamed committees are named without a link.

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Related bills

3 bills the Library of Congress relates to this one.

  • H.R. 1413Related bill

    Smallpox Emergency Personnel Protection Act of 2003

  • H.R. 1463Related bill

    Smallpox Emergency Personnel Protection Act of 2003

  • S. 719Related bill

    Smallpox Emergency Personnel Protection Act of 2003

Data notes

Related bills are identified by the Congressional Research Service, the House and the Senate: companion and identical bills, bills with similar text, bills that were folded into this law, and rules that brought it to the floor. A bill that is itself a public law in this site’s data links here; the others link to Congress.gov.

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Timeline

From introduction to signing, newest first: the committees, the floor and the president. 17 actions.

  1. Apr 30, 2003Became lawBecame law · Became Public Law No: 108-20.
  2. Became lawBecame law · Signed by President.
  3. Apr 24, 2003FloorFloor · Presented to President.
  4. Apr 12, 2003FloorFloor · Message on Senate action sent to the House.
  5. Apr 11, 2003FloorFloor · Received in the Senate, read twice, considered, read the third time, and passed without amendment by Unanimous Consent. (CR 4/12/2003 S5388-5390)
  6. FloorFloor · Received in the Senate, read twice, considered, read the third time, and passed without amendment by Unanimous Consent.(CR 4/12/2003 S5388-5390)
  7. FloorFloor · The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 1770.
  8. FloorFloor · Motion to reconsider laid on the table Agreed to without objection.
  9. FloorFloor · On passage Passed without objection.
  10. FloorFloor · Mr. Burr asked unanimous consent to discharge from committee and consider.
  11. FloorFloor · Considered by unanimous consent.
  12. CommitteeCommittee · Referred to the Subcommittee on Immigration, Border Security, and Claims.
  13. CommitteeCommittee · Committee on Judiciary discharged.
  14. CommitteeCommittee · Committee on Education and the Workforce discharged.
  15. CommitteeCommittee · Committee on Energy and Commerce discharged.
  16. CommitteeCommittee · 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 …
  17. IntroducedIntroduced · Introduced in House
Data notes

Every action the Library of Congress lists for the bill, from introduction to signing, plus the dated committee hearings. The source lists many steps twice (the chamber’s own entry and the Library of Congress copy, or a presidential and a became-law entry with the same words); those are shown once. Amendments are listed in their own section.

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Amendments

No amendments to this bill are on record.

Data notes

Amendments offered to this bill in either chamber, as the Library of Congress records them: each with a status read from its last recorded step: agreed to, rejected, withdrawn, ruled out of order, fell with another amendment, or offered with no vote recorded (most Senate amendments are only ever offered). The wording of each amendment is the source’s. Amendments to amendments and amendments to other bills are not listed.

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Official record

The bill’s full text is on Congress.gov. Data through Oct 7, 2026.