With a supposed second wave of the H1N1 Swine Flu projected to hit thousands of citizens in the U.S., states are busy setting up new laws for quarantine and restraint even though the CDC has stated that Swine Flu symptoms for the most part, are no worse than the seasonal flu . Florida and Iowa have set up quarantine documents and detention orders here https://ahrcanum.wordpress.com/2009/09/04/swine-flu-quarantine-detention-order/.
The Massachusetts state Senate has a “Pandemic Response Bill” awaiting approval in the House. http://www.mass.gov/legis/bills/senate/186/st02pdf/st02028.pdf giving full immunity to anyone, the bill in part- excerpted from http://www.wnd.com/index.php?fa=PAGE.view&pageId=108604 and elaborated upon here- https://ahrcanum.wordpress.com/2009/09/02/swine-flu-killing-constitution/.
In April of 2009, http://www.cbsnews.com/blogs/2009/04/28/politics/politicalhotsheet/entry4975598.shtml reported that is was The Department of Justice that has the established legal federal authority pertaining to the implementation of a quarantine and enforcement of quarantines of U.S. Citizens. Under approval from Health and Human Services, the authority to issue quarantines goes to the U.S. Surgeon General. http://www.surgeongeneral.gov/
The acting Surgeon General since October 2007 is Rear Admiral Steven K. Galson, M.D., M.P.H. http://www.surgeongeneral.gov/about/biographies/biosg.html While President Obama has been busy skirting constitutional law in the appointment of Czars, The United States has had no official Surgeon General for two years.
With the power to render millions of U.S. Citizens into quarantine, would the power then not be reserved for the President Obama himself? So who, and what laws allow for quarantine of individuals?
President Bush added “novel” forms of influenza with the potential to create pandemics in Executive Order 13375 outlined here. http://edocket.access.gpo.gov/2005/pdf/05-6907.pdf The document says- ‘‘(c) Influenza caused by novel or reemergent influenza viruses that are causing, or have the potential to cause, a pandemic.’’
Anyone violating a quarantine order can be punished by a $250,000 fine and a one year prison term.
Four years ago in November of 2005, The Bush administration released the National Strategy for Pandemic Influenza providing an outline for coordination among federal agencies, the stockpiling and distribution of vaccines and anti-viral drugs, and, if necessary, government-imposed quarantines and limitations on gatherings. A review of http://homelandsecurity.tamu.edu/framework/special-issues-hurricane-katrina-1/national-strategy-for-pandemic-influenza/ with the electronic version removed from the web by the Obama administration
http://www.whitehouse.gov/homeland/nspi.pdf.
In January 2007, Congressional Research Service authored, “CRS Report for Congress: Federal and State Quarantine and Isolation Authority.” highlighted here http://homelandsecurity.tamu.edu/framework/special-issues-hurricane-katrina-1/crs-report-for-congress-federal-and-state-quarantine-and-isolation-authority.html/
This report compiled by the Congressional Research Service provides a comprehensive overview of federal and state public health laws, specifically those that relate to the quarantine of individuals. Additionally, the report undertakes discussion of constitutional issues and questions concerning individual liberties that are raised in a quarantine situation. The Commerce Clause is clear that authority is given to the federal government to prescribe quarantine, which leaves state and local governments responsible for controlling the spread of threatening diseases within their jurisdictions. http://www.fas.org/sgp/crs/misc/RL33201.pdf
Federal and State Quarantine and Isolation Authority-
Under section 361 of the Public Health Service (PHS) Act, 42 U.S.C. § 264, the Secretary of Health and Human Services (HHS) has the authority to make and enforce regulations necessary “to prevent the introduction, transmission, or spread of communicable diseases from foreign countries into the States or possessions. The PHS Act and related statutes also authorize measures to aid or enforce a quarantine in the event of a public health emergency
The Model State Emergency Health Powers Act (the Model Act) provides a comprehensive framework for state emergency health powers, including statutory authority for quarantine 62 and isolation.63 Section 604 of the Model Act authorizes the quarantine or isolation of an individual or groups of individuals during a public health emergency
Federal quarantine authority derives from the Commerce Clause, which states that Congress shall have the power “(t)o regulate Commerce with foreign Nations,and among the several States
The President could use the Insurrection Act, now titled “Enforcement of the Laws to Restore Public Order,” to enforce health measures in the event that civil officials were overwhelmed during a pandemic and unable to enforce those laws
The Posse Comitatus Act does not apply to the National Guard unless it is employed in federal service as a reserve force of the armed forces. If the National Guard is called up to enforce U.S. laws, however, it is not subject to the Posse Comitatus Act.
The PHS Act, Model Act, Posse Comitatus Act and the Insurrection Act are on the legal books in part, to provide a means of quarantine. From Massachusetts’s attempt to fully amend its quarantine laws, new laws are in conference to enhance government authority and reduce your individual freedoms.
H.R. 675. http://www.opencongress.org/bill/111-h675/text Sec. 1585b of the bill would amend Title 10 of US Code to extend to civilian employees of the Department of Defense the authority to execute warrants, make arrests, and carry firearms for any offense against the U.S. Is this just another loophole to create more federal authority and a federal police force to assist in the means of executing quarantines? Previously posted at https://ahrcanum.wordpress.com/2009/06/25/martial-law-under-public-health-emergency/
The House passed legislation on Friday to head off a government shutdown next week by temporarily extending spending on most federal programs at current levels.http://www.nytimes.com/2009/09/26/us/politics/26cong.html?_r=1 While America is going out of business, the business of quarantine, confinement is apparently not being affected.
Gates is being asked to sign a so-called “execution order” that would authorize the military to begin to conduct the detailed planning to execute a proposed plan to establish regional teams of military personnel to assist civilian authorities in the event of a significant outbreak of the H1N1 virus this fall. http://edition.cnn.com/2009/US/07/28/military.swine.flu/ and herehttps://ahrcanum.wordpress.com/2009/07/29/military-prepares-swine-flu-pandemic-pandemonium-w-fema/
In the first known official quarantine in the U.S – A federal prison in Memphis has been quarantined because of an outbreak of Swine Flu. United States Attorney Lawrence J. Laurenzi says in the document, prisoners are not allowed to leave FCI Memphis for court appearances because of the quarantine. Laurenzi said, “The United States Marshall’s Service has advised that the facility will reassess the situation on September 21, 2009.”http://www.myeyewitnessnews.com/news/local/story/Federal-Prison-Under-Swine-Flu-Quarantine-in/2BAXeC_YAUqe1TMXXxlskQ.cspx
Prison officials have not released any information about the situation at this time.
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