SR16

A Senate Resolution urging the United States Congress to compel the Secretary of the U.S. Department of Health and Human Services to fulfill the obligations of the National Childhood Vaccine Injury Act of 1986.

Whereas, The National Childhood Vaccine Injury Act of 1986 (42 U.S.C. §300aa-1 et seq.) (NCVIA) established a national vaccine program and charged the Secretary of the U.S. Department of Health and Human Services (the Secretary) with explicit responsibility to achieve optimal prevention of human infectious diseases through immunization and optimal prevention against adverse reactions to vaccines; and

Whereas, The provisions of the NCVIA eliminated the potential financial liability of vaccine manufacturers due to vaccine injury claims in order to ensure a stable market supply of vaccines, and to provide cost-effective arbitration for vaccine injury claims; and

Whereas, However, the economic and legal immunity granted to manufacturers of vaccines may have removed the economic incentive for the companies to manufacture safe vaccine products or improve the safety of existing vaccine products; and

Whereas, The NCVIA requires the Secretary to establish the National Vaccine Program in the U.S. Department of Health and Human Services (DHHS) in order to achieve optimal prevention of human infectious diseases through immunization and achieve optimal prevention action adverse reactions to vaccines; and

Whereas, Since 1986, the program’s the sole responsibility is to ensure the production and procurement of safe and effective vaccines, guarantee improvements in the licensing, manufacturing, adverse reaction reporting, and safety and efficacy testing of vaccines, and conduct research on vaccines and publish the results of the research in order to reduce the risk of adverse vaccine reactions pursuant to the provision of the law; and

Whereas, The NCVIA also requires the Secretary to establish the Task Force on Safer Childhood Vaccines (the task force) to examine vaccine safety and make recommendations to the Secretary for ensuring the development of safer childhood vaccines and concerning the implementation of the requirements of the NCVIA; and

Whereas, In order to ensure that DHHS meets its vaccine safety obligations, the NCVIA requires the Secretary to submit biennial reports to the United States Congress describing the actions taken by the Secretary to improve vaccine safety during the preceding two years. The first of these reports was to be submitted in 1989; and

Whereas, The Secretary has failed to submit the required reports to Congress; and

Whereas, It is in the best interest of the public health that the Secretary submit a biennial report describing the actions taken by DHHS to improve vaccine safety to the United States Congress as required under the National Childhood Vaccine Injury Act of 1986; now, therefore,

Be It Resolved by the Senate of the State of New Jersey:

1. This House respectfully urges the United States Congress to compel the Secretary of the U.S. Department of Health and Human Services to fulfill the obligations of the National Childhood Vaccine Injury Act of 1986 (42 U.S.C. §300aa-1 et seq.) by submitting a biennial report describing the actions taken by the U.S. Department of Health and Human Services to improve vaccine safety to Congress, as required by law.

2. Copies of this resolution, as filed with the Secretary of State, shall be transmitted to the Secretary of the U.S. Department of Health and Human Services, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of New Jersey’s Congressional delegation.

STATEMENT

This resolution urges the United States Congress to compel the Secretary of the U.S. Department of Health and Human Services (DHHS) to fulfill the obligations of the National Childhood Vaccine Injury Act of 1986 (42 U.S.C. §300aa-1 et seq.) by submitting a biennial report describing the actions taken by DHHS to improve vaccine safety to Congress, as required by law.