Bioshield II - 1873

[Guest guest]

Word has it that S. 1873 is making its way back into legislation. It is

again noted that language taken from 1873 re: manufacturer indemnity was

slipped from 1873 and slipped into the DoD appropriations bill AFTER it was

already voted upon (again, thank Sen. Frist).

With 1873 coming back into the picture, I am again copying and pasting below

the shortened version of Barb Fisher's paper re: 1873 (and the laws passed

post 9-11) below. Please contact your Senator and tell them you oppose

1873.

The Americans' liberties are being stripped away one by one...

Please send to any and all distribution lists you may belong to.

" Bioshield II " - Legislation Threatens our Freedom

Since the attacks of September 11th, 2001, the citizens of the United States

have been challenged by elevated alerts predicting bioterrorism. The facts,

however, do not support this paranoia. In the only biological attack in our

nation's history our country was assaulted with anthrax spores that

originated from a " domestic " source according to the FBI and the White

House. We are told that we will not let the terrorists change our lives, but

that's exactly what our Government is mandating through legislation.

While the Government attempts to evade detection for misleading the American

people in policies abroad, they are diverting their attention, and ours, to

new undetectable domestic threats. The intended solutions to bioterrorism

and the risk those solutions place on our citizens needs sharp review. In

the midst of the diversionary hype our Government is simultaneously

indemnifying itself and Biodefense manufacturers against any liability from

damages caused by their vaccines or drugs meant to protect us against these

new threats, real or not. Compliance will be mandatory.

Senator Burr (R-NC) has introduced a bill titled the " Biodefense and

Pandemic Vaccine and Drug Development Act of 2005 " (S. 1873, aka: " Bioshield

II " ), co-sponsored by Senators Frist (R-TN), Enzi (R-WY) and Gregg (R-NH).

From the title, the intent appears to be for the protection of the American

people; however, upon closer scrutiny, this Act is more concerned with

protecting the pharmaceutical industry. In fact, it strips the citizens of

the United States of their basic human rights. Examining the facts one at a

time, S. 1873 shows us the following. The Act:

· Provides sweeping immunity to any manufacturer that produces any type

of countermeasure from any type of lawsuit stemming from injuries or death

that may occur to the recipient;

· Provides a Government fund for any person that has been injured or died

as a result of any countermeasure taken, with a cap of $250,000.00 per

person, per life. If a person becomes permanently disabled, it is

unrealistic to believe that this sum will last a couple of years, let alone

a lifetime;

· Creates a new agency, the " Biomedical Advanced Research and

Development Agency " (BARDA), which will be exempt from the Freedom of

Information Act (FOIA), the Federal Advisory Committee Act (FACA), and

judicial review;

· Determines the Secretary of Health and Human Services (DHHS) to be the

sole authority on whether or not a person's injury or death resulted from

the countermeasure. The Secretary's decision is final and not subject to

judicial review.

So the Secretary authorized to declare a national emergency, would

coincidentally be the person who would review and rule on whether or not an

injury or death was the result of his/her decision, that would not be

subject to judicial review. Such practice may be suitable in an oligarchy

but not in a democracy. This is a significant conflict of interest.

Under " Project Bioshield " , the Secretary of DHHS, an appointed, unelected

official, can declare a national emergency based on intelligence of threats

of bioterrorism/pandemics/ epidemics (whether natural outbreaks or

bioterrorism), and whether those threats are real or potential. Should that

occur, then every American can be forced to submit to whatever

countermeasure is deemed appropriate, whether that countermeasure is FDA

approved or not. To say the least, this is completely unenforceable. The

Bill of Rights cannot logically coexist with such a law.

The " Homeland Security Act of 2002 " , removes liability for

injuries or deaths caused by the smallpox vaccine when it is used as a

countermeasure. Currently, the product label with the Wyeth Smallpox vaccine

now carries a " black box warning " about potentially fatal dangers to the

heart.

The " Public Health Security and Bioterrorism Preparedness and Response Act

of 2002 " , proposed changes to the vaccine and drug licensure standards.

Under this Act, known as the " animal efficacy rule " (meaning that testing on

animals will be deemed sufficient), could be enacted in order to use a drug

or vaccine. The true human cost in terms of injuries or deaths will not be

known until mass vaccination occurs.

The " Emergency Use Authorization " (EUA) allows the FDA to put into use

countermeasures that has either not been approved, or, not approved for

their intended use. The EUA has already injected the anthrax vaccine into

over 1 million of our military service members under a Department of Defense

order. This has resulted in thousands of injured individuals, 21 deaths that

are admitted, and hundreds of court-martials which have resulted in felony

convictions. A federal judge (Doe v. Rumsfeld) put an end to this mandated

illegal practice. If however, S. 1873 is passed, there will be no judicial

review.

To ensure compliance to rapid responses, the " Model State Emergency Health

Powers Act " (MSEHPA) is an Act which allows Governors to declare an

emergency and to utilize the state militia in the control of all roads

leading into and out of the cities and the state. It allows the Governor to

seize citizens' personal property, to arrest and detain and forcibly

examine, vaccinate and medicate citizens and/or their minor children without

informed consent. Should death or injury occur during any of this process,

any person acting on behalf of the Government would not be held liable.

Taken as a whole or even in part, S. 1873, and the other Acts cited above

are a serious threat to our Constitution and to the liberty of all

Americans. These Acts are a direct assault on every American's freedom.

Written by Randi Airola, randiceaj@..., and Gowan,

jggowan@...

To read the full paper with links and references to Senator Burr's staff

regarding S. 1873, and all other Acts cited above, by Barbara Fisher, go to:

http://www.nvic.org/2005_11-15_NVIC_Sen%20Burr_BioShield%202_v7.pdf

Randi Airola

517-819-5926

" This country, with its institutions, belongs to the people who inhabit it.

Whenever they shall grow weary of the existing government, they can exercise

their constitutional right of amending it, or exercise their revolutionary

right to overthrow it. " - Abraham Lincoln

" They that can give up essential liberty to obtain a little temporary safety

deserve neither liberty nor safety. " - lin