This quarantine power thing could get out of hand, quick. We must be
extremely vigilant on this one, keeping the heat on our political leaders,
putting on the brakes at every turn. Len Horowitz is working feverishly (no
pun intended) on digging into the nuances of the proposed legislation.

Posted to "911 Conspiracy > Civil Rights Casualties"
http://www.patriotsaints.com/News/911/Conspiracy/CivilRightsCasualties/index
.html

Sterling
www.sterlingdallan.com

=======================
http://www.freep.com/news/nw/terror2001/quar7_20011107.htm


Emergency Health Powers
Act - Lockdowns & Quarantines
By Seth Borenstein
Free Press Washington Staff
11-8-1

WASHINGTON - In the event of a bio-terrorist attack using a deadly and
contagious disease such as smallpox, public health officials want to be able
to close roads and airports, herd people into stadiums, and, if necessary,
quarantine entire infected cities.

To make that possible, 50 governors this week are to receive copies of a
proposed law, drafted at the behest of the Centers for Disease Control and
Prevention in Atlanta, which could give states immense power to control
their populations.

The proposed Model State Emergency Health Powers Act may be months or years
away from enactment by state legislatures. It may be amended beyond
recognition. But health officials say major new legislation is crucial to
keep smallpox, plague or hemorrhagic fevers such as Ebola from spreading in
the event of a terror attack. Unlike anthrax, they are highly contagious.

As a general principle, the draft law says authorities could "require
isolation or quarantine of any person by the least restrictive means
necessary to protect the public health."

Broad quarantines envisioned in the draft have never been invoked in the
United States. They raise all sorts of logistical, political and ethical
questions in a mobile society, public health experts concede. But such
quarantines also may save lives.

"If we don't do it, what would happen? I don't think we've got any choice
but to quarantine," said Dr. Lew Stringer, medical director of North
Carolina's special operations response team that handles disasters and
bio-terror.

"The first thing you do is shut down the roads," he said. "Then you shut
down the interstates, you shut down the schools, you shut down the
businesses. You're shutting down essential services, not just nonessential
ones."

Local governments need to practice plans for quarantines like fire drills to
ensure they work in an emergency, said Dr. Scott Lillibridge, the
bio-terrorism assistant to Health and Human Services Secretary Tommy
Thompson.

Thompson said Tuesday: "If we did have an outbreak of smallpox," a possible
quarantine "would certainly be one of the avenues we'd have to explore."

CDC authorities and a state's governor would exercise their authority using
mobilized National Guard units, said James Lee Witt, former director of the
Federal Emergency Management Agency.

Lawyers and public health professors at Georgetown University in Washington
and at Johns Hopkins University in Baltimore drafted the plan, in
collaboration with representatives of governors, state and local health
officials and state attorneys general.

Congress "should give public health authorities strong powers to be able to
isolate or quarantine people if necessary for the public health," said the
proposal's chief author, Lawrence Gostin, professor and director at the two
universities' Center for Law and the Public's Health in Washington.

Many states already have quarantine laws, but they may not be
constitutional, Gostin said. He said his proposal would probably pass
constitutional muster because it lets detainees ask a judicial-medical board
to get them out of quarantine.

In Michigan, there are legal provisions for the governor to declare a
medical emergency and for state agencies to issue a quarantine, said Geralyn
Lasher, spokeswoman for the state Department of Community Health.

Between the Public Health Code, she said, and the Emergency Management Act,
"we have about all the areas covered" in case of a bio-terrorism attack and
the need to issue a quarantine.

Gostin said the question of quarantines "is probably the biggest issue
because it involves liberty of individuals in the public." He said the
proposal would give officials authority to take control of hospitals or
stadiums to house quarantined people.

But in the event of a quarantine, some people would likely evade
restrictions and spread the infection elsewhere, experts said.

In one simulation, involving a fake plague that struck at a rock concert in
Chicago, questions arose about what to do with people who insisted on
breaking the quarantine, said Randy Larsen of the Anser Institute, a
security think-tank in Arlington, Va.

Would a National Guardsman, he asked, shoot a grandmother trying to evade
quarantine?

Maybe, Gostin said. "You have to use all reasonable force." Sometimes, he
added, that could mean lethal force.

The proposed law is on the Web at www.publichealthlaw.net/MSEHPA/MSEHPA.pdf.

Contact Assistant Nation/World Editor DENNIS ROSENBLUM, who edited this
report, at 313-222-6515.
http://www.freep.com/news/nw/terror2001/quar7_20011107.htm





HHS Set to Order Smallpox Vaccine for All Americans By Ceci Connolly
Washington Post Staff Writer Wednesday, November 7, 2001; Page A09

Health and Human Services Secretary Tommy G. Thompson said yesterday that he
expects to sign a contract this weekend to purchase enough smallpox vaccine
for every American but that he has warned the White House the cost could be
quadruple the $509 million he originally estimated -- or equivalent to the
department's entire $1.9 billion bioterrorism budget.

Thompson said that he was disappointed the bids from three companies came in
around $8 a dose but that he hopes to settle on a lower price in final
negotiations on Friday, as he did in his recent talks on the antibiotic
Cipro.

In addition to the 54 million doses already on order, Thompson said he plans
to stockpile 250 million doses of new vaccine, or enough for "every man,
woman and child" in the country.

The previously announced administration effort to vaccinate all Americans
against smallpox, a deadly disease that was eradicated in the 1970s, took on
a renewed sense of urgency as one of the leading smallpox authorities warned
it was conceivable that former Soviet scientists were helping to "weaponize"
the smallpox virus for nations such as Iran, Iraq, Libya and North Korea.

"Many [Russian] scientists are really quite desperate for money," said
Donald A. Henderson, director of the new Office of Public Health
Preparedness. U.S. intelligence indicates that several have been recruited
by "rogue states" and were in a position to smuggle out a vial of the virus,
he said. "That's a very great worry."

In addition, Henderson said, there is evidence that the former Soviet Union
succeeded in weaponizing the virus and manufactured up to 100 tons annually
at a plant outside Moscow. He described experiments in which the Soviets
planned to place smallpox warheads atop intercontinental ballistic missiles.
It is unclear whether any warheads were tested.

"We do not have the confidence that the Russians are not at this moment
proceeding with research on biological weapons," Henderson said, noting that
as recently as the early 1990s Russian scientists tried to combine the
smallpox and Ebola viruses in search of an even deadlier agent.

As the man who led the effort to eradicate smallpox in the 1970s, Henderson
is familiar with the potential consequences of a reemergence of the disease.
Because it is contagious and cannot be treated with existing drugs, its
virus is widely considered to be the most potent biological weapon.

"The likelihood of a smallpox release is much smaller than an anthrax
release," he said. "We're worried about it because it could be far more
serious."

A person infected with smallpox often develops a fever and, later, a rash.
Smallpox vaccine administered within two or three days of exposure has been
effective in preventing the illness from developing, he said. Historically,
30 percent of people infected with the smallpox virus have died, he said,
estimating that the eradication of the disease two decades ago has saved 60
million people and protected 240 million others from illness.

Since the Sept. 11 terrorist attacks and the subsequent anthrax attacks,
Henderson has advocated an aggressive smallpox strategy, including the
stockpiling of vaccine. He reiterated yesterday that he would not support
widespread, mandatory vaccination but that he wants to have the vaccine on
hand in the event of an attack.

"A smallpox outbreak anywhere in the world is potentially an international
disaster," Henderson said at a bioterrorism conference at the Johns Hopkins
Paul H. Nitze School of Advanced International Studies. For that reason, he
said, federal health officials have begun informal talks with Japan, Brazil
and several countries in Europe on the stockpiling of smallpox vaccine.

If even a single case emerged, Henderson said, he would assume that it was
the work of terrorists and would rapidly order quarantines and vaccinations
to "build a barrier of immunity."

The United States has about 15.4 million doses of the old smallpox vaccine
available, and government researchers say it may be possible to dilute those
doses to vaccinate 50 million to 77 million people. Thompson recently
expanded and accelerated a contract with OraVex Inc. (subsequently bought by
British drugmaker Acambis PLC) for the delivery of 54 million doses by the
end of next year.

A task force appointed by Thompson is reviewing the three bids and debating
safety, efficacy and possible human clinical trials. Already, hundreds of
volunteers in the United States are receiving the vaccine as part of a
rushed study on the efficacy of diluting the old vaccine.

Later this week, newly formed smallpox teams at the Centers for Disease
Control and Prevention will take a crash course on the virus with two former
CDC experts. The class will focus on identifying, isolating and treating the
disease, said spokesman Tom Skinner. More than 100 CDC epidemiologists have
also received the vaccine, he said.

Staff writer Justin Gillis contributed to this report.
http://www.washingtonpost.com/wp-dyn/articles/A51468-2001Nov6.html






More data here: The Model State Emergency Health Powers Act Following the
tragic events of September 11, 2001, protecting the health, safety, and
general welfare of citizens is at the forefront of government's
responsibilities. Emergency health threats, including those caused by
bioterrorism and disease epidemics, may require the exercise of
extraordinary government functions. The Model State Emergency Health Powers
Act grants specific public health powers to state governors and public
health authorities to ensure a strong, effective, and timely response to
public health emergencies, while fostering respect for individual civil
liberties. This version of the Model Act, as of October 23, 2001, represents
the final draft of a committee assembled by the Center. Additional feedback
may result in new versions of the Act in the near future. The accompanying
transmittal letter is also available for download.

http://www.publichealthlaw.net/Resources/Modellaws.htm

Turning Point Program http://www.hss.state.ak.us/DPH/aphip/collabpubs.htm





Title 42--Public Health CHAPTER I--PUBLIC HEALTH SERVICE, DEPARTMENT OF
HEALTH AND HUMAN SERVICES

PART 70--INTERSTATE QUARANTINE [Code of Federal Regulations] [Title 42,
Volume 1, Parts 1 to 399][Revised as of October 1, 2000] From the U.S.
Government Printing Office via GPO Access [CITE: 42CFR70.1]

[Page 517] TITLE 42--PUBLIC HEALTH

CHAPTER I--PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES

PART 70--INTERSTATE QUARANTINE--Table of Contents

Sec. 70.1 General definitions.

As used in this part, terms shall have the following meaning (a)Communicable
diseases means illnesses due to infectious agents or their toxic products,
which may be transmitted from a reservoir to a susceptible host either
directly as from an infected person or animal or indirectly through the
agency of an intermediate plant or animal host, vector, or the inanimate
environment. (b) Communicable period means the period or periods during
which the etiologic agent may be transferred directly or indirectly from the
body of the infected person or animal to the body of another. (c) Conveyance
means any land or air carrier, or any vessel as defined in paragraph (h) of
this section. (d) Incubation period means the period between the implanting
of disease organisms in a susceptible person and the appearance of clinical
manifestation of the disease. (e) Interstate traffic means (1) The movement
of any conveyance or the transportation of persons or property, including
any portion of such movement or transportation that is entirely within a
State or possession-- (i) From a point of origin in any State or possession
to a point of destination in any other State or possession; or (ii) Between
a point of origin and a point of destination in the same State or possession
but through any other State, possession, or contiguous foreign country.
(2)Interstate traffic does not include the following (i) The movement of any
conveyance which is solely for the purpose of unloading persons or property
transported from a foreign country, or loading persons or property for
transportation to a foreign country.(ii) The movement of any conveyance
which is solely for the purpose of effecting its repair, reconstruction,
rehabilitation, or storage. (f) Possession means any of the possessions of
the United States, including Puerto Rico and the Virgin Islands. (g) State
means any State, the District of Columbia, Puerto Rico, and the Virgin
Islands. (h) Vessel means any passenger-carrying, cargo, or towing vessel
exclusive of (1) Fishing boats including those used for shell-fishing; (2)
Tugs which operate only locally in specific harbors and adjacent waters; (3)
Barges without means of self-propulsion; (4) Construction-equipment boats
and dredges; and (5)Sand and gravel dredging and handling boats.



[Code of Federal Regulations] [Title 42, Volume 1, Parts 1 to 399][Revised
as of October 1, 2000] From the U.S. Government Printing Office via GPO
Access [CITE: 42CFR70.2]

[Page 517]

TITLE 42--PUBLIC HEALTH CHAPTER I--PUBLIC HEALTH SERVICE, DEPARTMENT OF
HEALTH AND HUMAN SERVICES

PART 70--INTERSTATE QUARANTINE--Table of Contents Sec. 70.2 Measures in the
event of inadequate local control.

Whenever the Director of the Centers for Disease Control and Prevention
determines that the measures taken by health authorities of any State or
possession (including political subdivisions thereof)are insufficient to
prevent the spread of any of the communicable diseases from such State or
possession to any other State or possession, he/she may take such measures
to prevent such spread of the diseases as he/she deems reasonably necessary,
including inspection, fumigation, disinfection, sanitation, pest
extermination, and destruction of animals or articles believed to be sources
of infection.

[[Page 518]]




[Code of Federal Regulations] [Title 42, Volume 1, Parts 1 to 399][Revised
as of October 1, 2000] From the U.S. Government Printing Office via GPO
Access [CITE: 42CFR70.3]

[Page 518] TITLE 42--PUBLIC HEALTH CHAPTER I--PUBLIC HEALTH SERVICE,
DEPARTMENT OF HEALTH AND HUMAN SERVICES

PART 70--INTERSTATE QUARANTINE--Table of Contents Sec. 70.3 All communicable
diseases.

A person who has a communicable disease in the communicable period shall not
travel from one State or possession to another without a permit from the
health officer of the State, possession, or locality of destination, if such
permit is required under the law applicable to the place of destination.
Stop-overs other than those necessary for transportation connections shall
be considered as places of destination.




[Code of Federal Regulations] [Title 42, Volume 1, Parts 1 to 399][Revised
as of October 1, 2000] From the U.S. Government Printing Office via GPO
Access [CITE: 42CFR70.4]

[Page 518]

TITLE 42--PUBLIC HEALTH CHAPTER I--PUBLIC HEALTH SERVICE, DEPARTMENT OF
HEALTH AND HUMAN SERVICES

PART 70--INTERSTATE QUARANTINE--Table of Contents Sec. 70.4 Report of
disease.

The master of any vessel or person in charge of any conveyance engaged in
interstate traffic, on which a case or suspected case of a communicable
disease develops shall, as soon as practicable, notify the local health
authority at the next port of call, station, or stop, and shall take such
measures to prevent the spread of the disease as the local health authority
directs.




[Code of Federal Regulations] [Title 42, Volume 1, Parts 1 to 399][Revised
as of October 1, 2000] From the U.S. Government Printing Office via GPO
Access [CITE: 42CFR70.6]

[Page 518]

TITLE 42--PUBLIC HEALTH CHAPTER I--PUBLIC HEALTH SERVICE, DEPARTMENT OF
HEALTH AND HUMAN SERVICES

PART 70--INTERSTATE QUARANTINE--Table of Contents Sec. 70.6 Apprehension and
detention of persons with specific diseases.

Regulations prescribed in this part are not applicable to the apprehension,
detention, or conditional release of individuals except for the purpose of
preventing the introduction, transmission, or spread of the following
diseases Anthrax, chancroid, cholera, dengue, diphtheria, granuloma
inguinale, infectious encephalitis, favus, gonorrhea, leprosy,
lymphogranuloma venereum, meningococcus meningitis, plague, poliomyelitis,
psittacosis, relapsing fever, ringworm of the scalp, scarlet fever,
streptococcic sore throat, smallpox, syphilis, trachoma, tuberculosis,
typhoid fever, typhus, and yellow fever.




[Code of Federal Regulations] [Title 42, Volume 1, Parts 1 to 399][Revised
as of October 1, 2000] From the U.S. Government Printing Office via GPO
Access [CITE: 42CFR70.7]

[Page 518]

TITLE 42--PUBLIC HEALTH CHAPTER I--PUBLIC HEALTH SERVICE, DEPARTMENT OF
HEALTH AND HUMAN SERVICES

PART 70--INTERSTATE QUARANTINE--Table of Contents Sec. 70.7 Responsibility
with respect to minors, wards, and patients.

A parent, guardian, physician, nurse, or other such person shall not
transport, or procure or furnish transportation for any minor childor ward,
patient or other such person who is in the communicable period of a
communicable disease, except in accordance with provisions of this part.

[[Page 519]]

[Code of Federal Regulations] [Title 42, Volume 1, Parts 1 to 399][Revised
as of October 1, 2000] From the U.S. Government Printing Office via GPO
Access [CITE: 42CFR70.8]

[Page 519]

TITLE 42--PUBLIC HEALTH CHAPTER I--PUBLIC HEALTH SERVICE, DEPARTMENT OF
HEALTH AND HUMAN SERVICES

PART 70--INTERSTATE QUARANTINE--Table of Contents Sec. 70.8 Members of
military and naval forces.

The provisions of Secs. 70.3, 70.4, 70.5, 70.7, and this section shall not
apply to members of the military or naval forces, and medical care or
hospital beneficiaries of the Army, Navy, Veterans' Administration, or
Public Health Service, when traveling under competent orders: Provided, That
in the case of persons otherwise subject to the provisions of Sec. 70.5 the
authority authorizing the travel requires precautions to prevent the
possible transmission of infection to others during the travel period.

http://www.access.gpo.gov/nara/cfr/waisidx_00/42cfr70_00.html






42 U.S.C. 264 - The statute that authorizes these regulations, i.e., Section
361 of the Public Health Service Act. UNITED STATES CODE ANNOTATED TITLE 42.
THE PUBLIC HEALTH AND WELFARE CHAPTER 6A--PUBLIC HEALTH SERVICE SUBCHAPTER
II--GENERAL POWERS AND DUTIES PART G--QUARANTINE AND INSPECTION ß 264.
Regulations to control communicable diseases (a) Promulgation and
enforcement by Surgeon General The Surgeon General, with the approval of the
Secretary, is authorized to make and enforce such regulations as in his
judgment are necessary to prevent the introduction, transmission, or spread
of communicable diseases from foreign countries into the States or
possessions, or from one State or possession into any other State or
possession. For purposes of carrying out and enforcing such regulations, the
Surgeon General may provide for such inspection, fumigation, disinfection,
sanitation, pest extermination, destruction of animals or articles found to
be so infected or contaminated as to be sources of dangerous infection to
human beings, and other measures, as in his judgment may be necessary. (b)
Apprehension, detention, or conditional release of individuals Regulations
prescribed under this section shall not provide for the apprehension,
detention, or conditional release of individuals except for the purpose of
preventing the introduction, transmission, or spread of such communicable
diseases as may be specified from time to time in Executive orders of the
President upon the recommendation of the National Advisory Health Council
and the Surgeon General. (c) Application of regulations to persons entering
from foreign countries Except as provided in subsection (d) of this section,
regulations prescribed under this section, insofar as they provide for the
apprehension, detention, examination, or conditional release of individuals,
shall be applicable only to individuals coming into a State or possession
from a foreign country or a possession. (d) Apprehension and examination of
persons reasonably believed to be infected On recommendation of the National
Advisory Health Council, regulations prescribed under this section may
provide for the apprehension and examination of any individual reasonably
believed to be infected with a communicable disease in a communicable stage
and (1) to be moving or about to move from a State to another State; or(2)
to be a probable source of infection to individuals who, while infected with
such disease in a communicable stage, will be moving from a State to another
State. Such regulations may provide that if upon examination any such
individual is found to be infected, he may be detained for such time and in
such manner as may be reasonably necessary. For purposes of this subsection,
the term "State" includes, in addition to the several States, only the
District of Columbia.

Enhanced Surveillance Project(ESP) CDC is working with state and local
health departments and information system contractors to develop real-time
special event syndromic surveillance and analytical methods. During special
events, CDC Enhanced Surveillance Projects (ESP) monitor sentinel hospital
emergency department visit data to establish syndrome baseline and
threshold. Aberration detection models developed and analyzed at CDC
identify deviations in visit data and report to state and local health
departments for confirmation and appropriate epidemiological follow-up. ESP
has been tested at the World Trade Organization Ministerial in Seattle, the
Republican and Democratic National Conventions held in Philadelphia and Los
Angeles, respectively, and the Super Bowl/Gasparilla Festival in Tampa,
Florida. CDC will continue development and evaluation of ESP, in order to
provide guidance and resources to state and local health departments for
implementation of local real-time surveillance systems.
http://www.bt.cdc.gov/EpiSurv/ESP.asp





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