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Governmental Program Planners: To For Distribution of Covered Countermeasures... "

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October 17, 2008

The Public Readiness and Emergency Preparedness Act (PREPA) has reared its ugly head
again in the wake of Mike Leavitt, Secretary of the Department of Health and Human
Services (DHHS) declaring a seven-year anthrax emergency through the end of 2015.
PREPA goes beyond the anthrax vaccine and it is imperative all Americans, military or
not, understand what our government has done to us. PREPA, which is completely
unconstitutional, will be discussed further below.
First, lets focus on the Anthrax vaccine.
Anthrax
A declaration of an anthrax emergency for seven years is another case by this
administration of the Boy who Cried Wolf. The Advisory Committee on Immunization
Practices (ACIP), an advisory to the CDC regarding vaccinations, are poised to meet and
vote on October 22nd, 2008, to expand the anthrax vaccine to civilians.
The latest study conducted by the CDC published October 1st, 2008 and reported in a
JAMA article consisted of 1,564 subjects. The report barely mentions the adverse events
implying that the vaccine is safe, but in fact, 229 severe adverse events and 7 deaths
occurred during this trial. For further information on serious adverse events reported
following receipt of the anthrax vaccine, one need not look further than the product label,
pages 5-6. http://bioport.com/pdf/emergent_biothrax_us.pdf
The declaration of an anthrax emergency, through PREPA, has been invoked as an
attempt to push the anthrax vaccine on an unsuspecting public, while single-handedly
perform tort reform for the anthrax vaccine in the absence of legislative approval,
because the administration knows that there will be injuries. The emergency declaration
for the anthrax vaccine is disastrous for Americans, but it is sure sweet for the
manufacturer, Emergent Biosolutions, aka: Bioport. Mike Leavitt contracted to buy an
additional $400 million worth of anthrax vaccine to add to the current $500 million
currently in the nations stockpile. It is unclear how, or even if, the current stockpile is
still valid given that the shelf-life for the vaccine has expired, but we at least know
according to the GAO that 12 months ago, $100 million worth of vaccine was lost due to
expiration at the taxpayers expense.
Interestingly enough, in the October 6th, 2008, Federal register; Mike Leavitt also gives
blanket immunity for liability for use of the anthrax vaccine (and anthrax
countermeasures) to not only the manufacturer, but specifically giving government
officials immunity for even recommending the anthrax vaccine, should injuries or deaths
result from a recipient. (http://edocket.access.gpo.gov/2008/E8-23547.htm)
"Whereas, immunity under section 319-F3(a) of the Act should be available
to governmental program planners for distribution of covered countermeasures..."
Diseases/Vaccinations

PREPA (which will be addressed below) gives the Department of Health and Human
Services, Secretary (currently Mike Leavitt) the authority to declare any disease an act of
emergency.
The latest measles outbreak which was deemed an epidemic consisted of
approximately 131 cases in the United States of America out of a population of more than
300,000,000. (By the way, no deaths occurred from this epidemic). According to
PREPA, the Secretary of DHHS could have declared this to be an emergency, utilizing
mass vaccinations. Unless a person who suffered an injury could have proven the
injury resulted from the vaccination (a near impossible task), no compensation could be
received and no one held accountable.
Taken in part from a news article regarding PREPA and using vaccinations/drugs on
American citizens in a state of emergency: (it should also be noted it wouldnt matter if
these drugs/vaccines were approved by the FDA or not)
But Sen. Edward Kennedy, D-Mass., and some other Democrats, along with consumer
groups such as Public Citizen, derided the liability provision as a giveaway to the drug
industry. Kennedy said the bill makes it "essentially impossible" for injured parties to sue
for damages. He also argued that the measure allows the HHS secretary to use many
common diseases as a reason to activate the liability shield. "Without a real
compensation program, the liability protection in the defense bill provides a Christmas
present to the drug industry and bag of coal to everyday Americans," stated a Dec 21
news release issued by Kennedy and Sens. Tom Harkin, D-Iowa, and Chris Dodd,
D-Conn.
Public Readiness and Emergency Preparedness Act (PREPA)
PREPA was passed by Congress and signed into law on December 30, 2005. Probably
few in Congress read it before approving it along with defense spending. You can read
the bill at:
ftp://ftp.hrsa.gov/countermeasurescomp/Public_Readiness_and_Emergency_Preparednes
s_Act.pdf
The original bill under which Secretary Leavitt made his Declaration, the Public
Readiness and Emergency Preparedness Act (PREPA, part of P.L. 109-148) gave the
DHHS Secretary the right to declare any disease an emergency, triggering immunity from
liability for any and all injuries due to countermeasures for that illness, unless "willful
misconduct" by those who made or administered the product could be proven. The Act
fails to specify any criteria for determining that an emergency exists, and fails to fund a
compensation mechanism. It was tacked on to the end of the 2006 Defense
Appropriations Bill during the night, after being removed from another bill due to its
controversial nature.
It is unclear under PREPA should an individual refuse what that would entail.
Quarantine? Maybe. Forced vaccination/drug intake with or without your consent?
Maybe. It is unknown and answers have tried to be sought to no avail.

In a news release issued after the bill passed, Senator Frist, R-TN said the
measure "extends limited protections to manufacturers, distributors, and first responders,
so that life-saving countermeasures, such as an H5N1 avian flu vaccine, will be
developed, deployed and administered."
http://www.cidrap.umn.edu/cidrap/content/influenza/biz-lan/news/dec2805liability.html
The Democratic Senators introduced a new bill to supersede PREPA in
February 2006, http://www.fas.org/biosecurity/resource/legislation/s2291.htm, but it
never passed.
Take Action Now
Such measures may be deemed acceptable if this country was an anarchy, an autocracy,
an oligarchy, or a democracy. However, the United States of America is a Republic,
meaning it is ruled by law, as opposed to one, the minority or majority.
It is past time the United States of America gets back to its roots. The roots are the
citizens of this country, not the government, we as the people, and the government have
seemed to have forgotten that.
So what do we need to do in regards to PREPA:
Four particular senators that initially tried to overturn PREPA needs to be contacted again
now that the democrats are in the majority to resurrect a bill to rescind PREPA. These
Senators are Senator Kennedy, (D-MA), Senator Dodd (D-CT), Senator Harkin (D-IA)
and Senator Bingaman (D-NM). Their contact information is:
Senator Tom Harkins
Washington DC
(202) 224-3254 Phone
(202) 224-9369 Fax

Senator Chris Dodd


Washington DC
(202) 224-2823 Phone
(202) 224-1083 Fax

Senator Edward Kennedy


Washington DC
(202) 224-4543 Phone
(202) 224-2417 Fax

Senator Jeff Bingaman


Washington DC
(202) 224-5521 Phone
(800) 43-8658 Phone (from NM only)

Take the opportunity to not only call the above Senators expressing your concerns, call
your own Senator. In each call, express what you want him or her to do. A few examples
are:
1.

To introduce a bill to rescind PREPA, as they tried to do in 2006.

2.

Let them know the only emergency there is, is the ending of this administration,
and its final opportunity to expand the anthrax vaccine market which is not
acceptable. Should you be asked how you know there is no emergency to use the
anthrax vaccine, have your Senator contact the Department of Homeland Security
him/herself. According to Secretary Chertoff, in a September 23, 2008 memo:

There is not currently a domestic emergency involving anthrax. Additionally,


there is not currently a heightened risk of an anthrax attack. We have no credible
information indicating an imminent threat of an attack involving Bacillus
anthracis.
http://74.125.45.104/search?
q=cache:1CfmoQ4r6NAJ:www.dhs.gov/xlibrary/assets/ofsec_signed_determin
ation092308.pdf+credible+information+indicating+an+imminent+threat+of+
an+attack.&hl=en&ct=clnk&cd=3&gl=us

3.

To promise an investigation into the anthrax emergency and to investigate how


such a law like PREPA could have been passed in our republic, and who is
responsible.

4.

To act to halt CDC's plan to approve civilian anthrax vaccinations. They have the
power to do this. Remind them that CDCs latest clinical trial of anthrax vaccine
resulted in 229 serious adverse events and 7 deaths, but they will not be revealed
until late 2009, while CDC's plan to expand vaccinations goes through without
proper attention to vaccine side effects.

5.

Let them know you will not surrender your constitutional rights or that of your
childs to an appointed unelected official for any reason.

Then, call your local media and ask them to carry stories about this frightening turn of
events. Only through awareness and action can change occur.
If you have any other thoughts or ideas, please share them with me, Dr. Meryl Nass
(mnass@gwi.net) or Randi Airola (randiceaj@sbcglobal.net)
The time to act is now. Remember, CDCs vote will take place around noon on
Wednesday, October 22nd, 2008.
Thank you for publicizing this cynical use of "government against the people"
Meryl Nass, MD
Mount Desert Island Hospital
Bar Harbor, Maine 04609
Cell: 207 522-5229
Home: 207 244-9165
Pager: 207 818-0708

http://anthraxvaccine.blogspot.com
http://www.anthraxvaccine.org

Randi Airola
http://www.military-biodefensevaccines.org

Permission is both granted and encouraged to disseminate this letter in its entirety as
written to anyone that cares about life, liberty, freedom and this great country, a republic.

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