Signs $4.6 Bil Bioterror Bill
- Does Little To Protect Americans'
Health, Much for Corporations
- MEHPA Passed in 11 States, BioTerror
Bill and MEHPA Make Forced Vaccination Using Unproven
- Courts Uphold Forced Vaccinations
by Michael Davidson --
FTW Staff Writer
[Copyright 2002, From The Wilderness
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July 17, 2002, 16:00 PM PDT (FTW) -- President
George W. Bush signed into law June 12 the Public Health
Security And Bioterrorism Response Act of 2002. The bill
authorizes spending $4.6 billion on producing and stockpiling
vaccines, requires more thorough inspection of food entering
the country, and provides assistance to help states improve
water source security.
The overwhelming bulk of the expenditures
authorized by this new bill are going to pharmaceutical
companies, construction firms, and purveyors of laboratory,
computer, and communications equipment. Only a pittance
is going to hiring human beings to conduct work in preventing
or handling a bioterrorism attack. This bill is really just
another way for George Bush to transfer taxpayer money to
businesses, and has little to do with protecting American
At the signing, Bush said "last fall's anthrax attacks
were an incredible tragedy to a lot of people in America,
and it sent a warning that we needed and have heeded."
It's nice to know that Bush feels the anthrax attacks were
needed, but apparently he's not pushing the FBI to arrest
the person who committed them.
The new act, which began life as HR 3448,
consists of four sections. Title I, "National Preparedness
for Bioterrorism and other Public Health Emergencies,"
authorizes $2.72 billion for national, state and local efforts
to prepare for bioterrorism and other public health emergencies.
The money is allocated as follows:
- $1.16 billion for emergency medical stockpiles, of which
$509 million is for smallpox vaccines;
- $450 million for the Centers for Disease Control (CDC),
$330 million of which is for facility upgrades and expansion;
- $1 billion for state and local preparedness, including
$910 million for already authorized programs to develop
and implement emergency programs, as well as to train and
equip emergency and health care personnel;
- $25 million for anti-microbial research; and
- $90 million for other ongoing programs.
Title II, "Enhancing Controls on Dangerous
Biological Agents and Toxins," establishes a mandatory
registration system and national database at CDC for all
facilities which possess, use or transfer any of 42 specific
biological agents and toxins. This provision is enthusiastically
endorsed by the American Society for Microbiology, as the
previous 1996 law required registration of only those facilities
that were transferring the agents.
Title II also requires facilities to submit
the names of all persons having access to these biological
agents to the attorney general and the Department of Health
and Human Services for screening against criminal, immigration,
national security and other databases. The screening will
be looking for persons defined as "restricted"
by section 175b of the USA-Patriot Act enacted in October.
Among those defined by 175b are aliens that are not permanent
U.S. residents, and foreign nationals from terrorism-sponsoring
Title III, "Protection of Food and
Drug Supply," allocates $100 million for increased
food inspection, improved information management systems,
development of rapid detection inspection methods and threat
assessment techniques for food safety. There are also a
myriad of administrative procedures mandated regarding record
keeping, notification to various government entities, as
well as registration by manufacturers, importers and transporters.
Title IV, "Drinking Water Security
and Safety," authorizes $120 million to help communities
with water systems serving over 3,300 people conduct vulnerability
assessments and prepare emergency response plans. Title
IV also authorizes $15 million to the Environmental Protection
Agency (EPA) to review methods to prevent, detect and respond
to the intentional introduction of chemical, biological,
or radiological contaminants into community water systems
and review means to prevent supply disruption.
Titles III and IV allocate roughly a quarter
billion dollars to solve problems that have not occurred,
i.e. tampering with food and water supplies. The nation
has suffered through E.coli outbreaks within the food supply
chain, but the Bush administration did nothing about them.
Under the guise of "anti-terrorism," the administration
now sees the need to protect our food and water. It's all
just a way to give money to businesses.
In another massive giveaway, this one
to the pharmaceutical industry, the Food and Drug Administration
(FDA) recently decided to approve drugs used to treat biological,
chemical and nuclear terrorism without their being tested
on affected humans. According to a May 31 article in The
New York Times, the agency said eliminating the requirement
for human testing could spur development of anti-terrorism
drugs by eliminating the stumbling block of ethical concerns
over exposing human volunteers to substances like smallpox
or nerve gas.
The new rule will still require any new
drug to be tested on humans for safety and side effects.
There will be no testing for efficacy in humans of the new
drugs. While researchers may be able to make pretty reasonable
assumptions from tests on monkeys, there is no certainty
that a drug will work identically on the human species.
In previous issues, FTW has reported on
the Model Emergency Health Preparedness Act (MEHPA), a law
drawn up by the federal government which is attempting to
get it passed in all 50 states. One of the major provisions
of MEHPA is that a person can be forced under penalty of
jail to take a vaccine or drug to deal with a bioterrorism
attack. According to the American Legislative Exchange Council
(ALEC), at press time MEHPA-like laws have been enacted
in 11 states: New Mexico, Utah, South Dakota, Louisiana,
Minnesota, Florida, Georgia, Maryland, New Hampshire, Vermont
and Maine. Combining the new FDA rule (or lack thereof)
about human testing of bioterrorism drugs with MEHPA, Americans
in at least 11 states can be forced to take a drug completely
untested for efficacy on humans, or go to jail.
In March the federal appeals court for
the Eighth Circuit ruled that a defendant can be forcibly
drugged even though he has not been convicted of a crime
and poses no danger to himself or others. The case, United
States of America vs. C.T. Sell, involved a St. Louis dentist
who has been charged with Medicaid fraud. He has been in
jail for over four years, and has never been brought to
trial. In a 2-1 decision, the court acknowledged that "the
evidence does not support a finding that Sell posed a danger
to himself or others" but established government authority
to forcibly medicate a person with mind altering drugs on
the basis that "charges of fraud" alone are "serious"
enough to justify forced medication. The Court further found
that there are no limits on the quantities or types of drugs
the government can administer.
The American Association of Physicians
and Surgeons (AAPS) joined the American Civil Liberties
Union (ACLU) in petitioning the Eighth Circuit Court of
Appeals for a rehearing in the Sell case. In the Motion
for Rehearing, AAPS said "The Decision holds merely
that by alleging fraud, the State may inject mind-altering
drugs into a prisoner against his will, based on government
testimony." The ACLU argued, "The Panel's opinion
fails to determine if the government's interest is compelling
before applying its balancing test, and fails to acknowledge
the fundamental liberty status that the Supreme Court has
granted non-dangerous people to be free from involuntary
medication by the government."
In early-May, the Eighth Circuit Court
issued a 5-4 oral decision not to rehear the case. Americans
are now in a situation where:
- The FDA is allowing drugs to be marketed as treatments
for biological, chemical or radiological attacks without
testing them for efficacy in humans;
- Under MEHPA, states will arrest, charge and jail people
for refusing to take a specific course of treatment for
a biological, chemical or radiological attack; and
- A Court of Appeals has ruled that it is perfectly legal
for an individual to be forcibly drugged while in government
In the name of liberty and freedom, the
Bush Administration has told pharmaceutical companies they
can do what they want, MEHPA tells law enforcement they
can arrest who they want, and the courts have ruled that
you can be drugged with whatever your jailers want. There
are people who believe George Bush has used the events of
9-11 as an excuse to impose a police state on America.
On May 31, the CDC announced four public
meetings to provide information on smallpox and smallpox
vaccinations. Meetings were held in New York City and San
Francisco on June 6, in St. Louis on June 8, and on June
11 in San Antonio. The hearings were to be used by the CDC's
Advisory Committee on Immunization Practices smallpox working
group to present an updated set of recommendations at a
meeting June 19-20 in Atlanta.
Right on schedule, the CDC announced on
June 20 that they had rejected smallpox vaccinations for
the general public, proposing instead that the shots be
given only to special teams of people who would be designated
the first to respond in case of a bioterrorism attack. Under
the plan "first-responders" would include doctors,
nurses, EMTs, epidemiologists, lab workers, and law enforcement
personnel. States would be allowed to provide vaccinations
to staff at certain hospitals where confirmed smallpox patients
would be treated. The CDC estimated that the number of people
vaccinated according to the plan would be "in the thousands."
That number somehow became 500,000, according
to The New York Times on July 7. The story also reported
that "The government is also laying the groundwork
to carry out mass vaccinations of the public." This
change in policy would indicate that the government's current
program is woefully inadequate to handle a large outbreak.
Or it could be something else. If anything
contained in the vaccine given to "first-responders"
should somehow incapacitate them, absolute total chaos would
take over the entire country as people, literally, feared
for their lives. That would leave a huge window for the
government to come in to declare martial law in order to
preserve freedom and liberty.
An Associated Press story on July 8 lends
further credence to an agenda other than the public's well-being.
The first paragraph states "Federal health officials
are quietly making plans for quarantining Americans who
might be exposed to a highly contagious smallpox patient,
addressing sensitive questions of how to hold people, possibly
against their will, in case of a bioterror attack."
The second paragraph is even more chilling.
"The planning, still in draft form, addresses complex
logistical and policy questions, including where people
would be kept while waiting for officials to confirm a smallpox
case and, if necessary, administer vaccinations."
Why exactly are people going to be held
while waiting for a smallpox case to be confirmed? On what
basis are these people being held? And for how long? The
plan discussed in the AP story suggests people could be
held from two to 17 days. Regardless of who, why, and how
long people will be held, people will be forcibly vaccinated.
Last fall, five people died from anthrax.
Since then, we have heard that Iraq has biological weapons,
including smallpox, but there is no proof. All we have is
saber-rattling from the administration. Our government cannot
locate the anthrax mailer, despite many knowledgeable bioweapons
experts insisting the culprit can only be one of 10 to 12
people from within the U.S. biowarfare community. Our government
is now planning to vaccinate at least half a million people
to protect them from something that has not occurred, and
whose existence cannot be confirmed. They are drawing up
quarantine plans to deal with this same unconfirmed threat.
And they plan to vaccinate those people quarantined from
the unconfirmed threat.
What's going on? The answer may not
be very pretty.