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33. The defendant Clancy oversees and is responsible for the supervising and use of congressional tax
appropriations made to the Healthcare Research and Quality.
34. The defendant, Dale L. Morse, is the Chairman of the Advisory Committee on Immunization Practices,
within the Department of Health and Human Services.
35. The defendant, Morse, oversees and is responsible for the supervising vaccines to prevent diseases in
the Vaccines for Children (VFC) program and uses of congressional tax appropriations made to the Advisory
Committee on Immunization Practices, within the Department of Health and Human Services.
36. The defendant, Morse, is sued in his capacity as the Chairman of the Advisory Committee on Immunization
Practices, within the Department of Health and Human Services.
37. The defendant Morse oversees and supervising the use of congressional tax appropriations made to the
Advisory Committee on Immunization Practices and he is responsible for providing advice and guidance to the
Secretary of HHS, the Assistant Secretary of HHS, and the Director, CDC, regarding the most appropriate
selection of vaccines and related agents for effective control of vaccines preventable diseases in the civilian
population.
38. The defendant, Larry K. Pickering, is the Executive Secretary of the Advisory Committee on Immunization
Practices, within the Department of Health and Human Services.
39. The defendant, Pickering, is sued in his capacity as the Executive Secretary of the Advisory Committee on
Immunization Practices, within the Department of Health and Human Services.
40. The defendant, Pickering, oversees and is responsible for the supervising vaccines to prevent diseases in
the Vaccines for Children (VFC) program and uses of congressional tax appropriations made to the Advisory
Committee on Immunization Practices, within the Department of Health and Human Services funded under
Section 317.

41.   The DHHS integrates ACIP medical recommendations services into the total program of health care
benefits provided for general public health services.
42. Section 317 is a federal award program administered by the CDC and designed to support state and local
vaccine services.
43. VFC under Section 317 is administered by CDC and is funded entirely by the Federal government. The
VFC is authorized by and financed through Title XIX of the Social Security Act (Medicaid),
44. VFC is activity-based financial assistance and direct assistance in the form of vaccine-purchase funds and
program operations funds to support implementation of the VFC program.
45. Under VFC, children from birth through 18 years of age are eligible for VFC-purchased vaccine if they are
Medicaid-eligible, American Indian/Alaskans Native, or without health insurance.
46. Children who are insured but whose insurance does not cover vaccination also are eligible to receive VFC
vaccine at Federally Qualified Health Centers or Rural Health Clinics.
47. The intent of the VFC program is to ensure adequate funding for vaccine purchases and to promote
comprehensive health care in a medical setting for all eligible children and reduce the number of children that
are referred to the public sector because they cannot afford the vaccine costs.
48. VFC is administered through the states. VFC purchases vaccine in large quantities and distributes it to
private and public health care providers who have enrolled with their state program. Though the program is
only 12 years old, approximately 85 percent of pediatricians nationwide are enrolled to provide VFC vaccine.
Some states have made the necessary appropriation to be able to provide the HPV vaccine universally.
49. Medical providers can bill their state Medicaid program for administrative costs related to administering the
HPV vaccine to eligible girls.
50. The DHHS, however, goes beyond providing medical services for free exercise purposes, and the DHHS
instead has integrated HPV care services as part of its protocol for providing substantive medical services to
target predominately Black female children who represent over 80 percent majority female population student
to expose the experimental vaccine in the D.C. public school systems.
51. The Student population in the District of Columbia in Washington DC is around 78,057 total students from
pre Kindergarten to the 12 grade. Black students represent 66,082 or around 84 % of the student population
in Washington DC public school system. There were in school year 2007 - 2008 around 36,604 female
students of which 29,735 or 81% are Black female children who comprise the majority female student
population in Washington DC public school system according to office of The State Superintendent of
education (OSSE) Government of the District of Columbia.
52. The DHHS provides medical HPV care services to female children, which services are provided by
physicians, nurses, counselors, and others, through a federally funded entitlement program that provides
vaccines free of charge to providers with eligible patients. The program currently serves approximately a
network of 93 providers’ site stations, which in turn serves approximately 138,000 children under 18 in the
District of Columbia, Washington.
53. The Vaccines for Children (VFC) program supports the District of Columbia Department of Health
Immunization Program with payments for HPV vaccines for female children in the District of Columbia public
school systems, through the Department of Health and Human Services.
54. Annual congressional appropriations to the DHHS represents almost a quarter of all federal outlays and it
administer more grant dollars than all other federal agencies combined. DHHS’s Medicare program is the
nation’s largest health insurer, handling more than 1 billion claims per year.
55. Medicare and Medicaid together provide health care insurance for one in four Americans. DHHS annual
budget 2008 is 707.7 billion and employs around 64,750 employees.
56. ACIP Advisory Committee on Immunization Practices, Chairman and Executive Secretary presume to act as
members of the DHHS health care service staff in a purported in recommending interdisciplinary approach to
HPV medical treatment.
57. The DHHS deems ACIP recommendation vaccine mandatory services for children, including students
receiving medical services under 18, to be a necessary substantive part of HPV medical treatment services.
58. The DHHS intends HPV services to be provided to female children students under 18 as part of standard
medical treatment, allegedly in order to protect female children against future cervical cancer.
59. The DHHS expects ACIP recommendations to be involved as part of the medical recommended treatment
for female students between 9 years old and 11 years old to receive the HPV vaccine treatment, and be made
available for each female child admitted into the D.C. public school system.
60. Black female children comprised the majority of female students who will receive substantively pronounced
disparate impact from the debilitating effect of the DHHS HPV medical services under the VFC program in the
public school system in the District of Columbia of Washington.
61. The DHHS integrates ACIP HPV recommendations services into medical treatment because the DHHS
requires that HPV care be integrated into the total program of health care benefits provided for female health
services. .
62. The Advisory Committee on Immunization Practices (ACIP) recommended routine vaccination for girls 11-
12 years of age. The ACIP recommendation also allows for vaccination of girls beginning at nine years old as
well as vaccination of girls and women 13-26 years old. Recommendations of the ACIP become CDC policy
once they are accepted by director of the CDC and the Secretary of HHS and are published in CDC’s
Morbidity and Mortality Weekly Report (MMWR).
63. HPV ACIP (Advisory Committee on Immunization Practices) Resolution No. 6/06-1 Vaccines Included in the
VFC Program VACCINES FOR CHILDREN PROGRAM. The purpose of this resolution is to update VFC
resolution 2/06-1 pertaining to the vaccines included in the VFC program. This resolution does not make any
substantive change to the previous resolution except the following: 1. Add Human Papillomavirus vaccines.
64. Recommendations of the ACIP routine vaccination for girls 11-12 years of age become CDC policy by
August 1, 2007 and were accepted by director of the CDC and the Secretary of HHS and they were published
in CDC’s Morbidity and Mortality Weekly Report (MMWR) during the February 27-28, 2008 meeting in Atlanta,
Georgia.
65. Adolescents without private insurance usually can receive ACIP-recommended vaccines for free or at low
cost through the federal Vaccines for Children (VFC) program or a state-base vaccine program.
66. The federal and state governments established these programs to help minors without insurance to find
affordable vaccines. Ironically, because of the way these programs are set up, minors without insurance may
have an easier time getting the HPV vaccine than those who are privately insured.
67. Congress passed the Breast and Cervical Cancer Prevention and Treatment Act of 2000 to address this
issue. The Act provides Medicaid services for women screened through the National Breast and Cervical
Cancer Early Detection Program if they are U.S. citizens or qualified aliens in States that elect to participate.
68. According to the Centers for Medicare and Medicaid Services, 49 states and the District of Columbia have
received approved Medicaid amendments to participate in this program.
69. HHS implement and funds supports HPV program in Washington DC under Bill – 030 HPV Vaccination and
Reporting Act of 2007 school program with substantial compliance to the HPV experimental treatments under
Department of Health of Washington District of Columbia which will require parents and guardians to certify
that their daughter has received the vaccine or that they have opted out of the vaccine prior to entering the
6th grade.                                                                               << Back Page      Next Page>>