Part 2: Understanding vaccination as legalized, willful use of intentionally harmful chemical and biological agents.
1983 - 42 USC 247d - Public health emergencies
In 1983 (PL 98-49) Congress added, to the Public Health Service Act, Section 319, public health emergencies, codified at 42 USC 247d.
The new provision provided that "if" the HHS Secretary "determines...that a disease or disorder presents a public health emergency or a public health emergency otherwise exists and the Secretary [referring to himself] has the authority to take action with respect to such emergency" then the HHS Secretary "may take such as action as may be appropriate to respond to the public health emergency," including making grants, entering into contracts and "conducting and supporting investigations into the cause, treatment, or prevention of a disease or disorder."
Congress provided that the HHS Secretary might "consult" with the NIH Director, FDA Commissioner, CDC Director or Administrator of the Alcohol, Drug Abuse and Mental Health Administration in determining whether a public health emergency "exists." 42 USC 247d(a)
Congress established a Public Health Emergency Fund in the Treasury, for the Secretary to spend "without fiscal year limitation," and authorized $30 million for fiscal year 1984, and appropriations each year thereafter to keep the fund topped up at $30 million at the beginning of each fiscal year. 42 USC 247d(b)(1)
Congress directed the HHS Secretary to report to the Senate Labor and Human Resources Committee and House Committee on Energy and Commerce each year about expenditures made from the Public Health Emergency Fund the prior fiscal year, with descriptions of each public health emergency for which expenditures were made and activities undertaken. 42 USC 247d(b)(2)
Congress did not require the HHS Secretary to collect or provide any physical evidence when determining if a disease, disorder or public health emergency "exists."
Congress did not establish any standard of evidence against which HHS Secretary determinations could be assessed for meeting or failing to meet an evidentiary threshold.
Congress did not authorize any legislative or judicial process to review or overturn HHS Secretary determinations.
The 1983 version of the public health emergencies law codified at 42 USC 247d was very short. Congress repealed and replaced it with an expanded version in 2000 (PL 106-505). Through the PREP Act in 2005 (PL 109-148), Congress added sections providing liability protections for "pandemic and epidemic products and security countermeasures."
1986 - 42 USC 300aa-1 et seq - Vaccines
[A version of this section was previously published as a standalone post:
In 1986, Congress and President Ronald Reagan enacted PL 99-660: the State Comprehensive Mental Health Services Plan Act of 1986.
Through PL 99-660, Congress
- established the National Vaccine Program and National Vaccine Injury Compensation Program/VICP (National Childhood Vaccine Injury Act/NCVIA);
- amended biological product manufacturing regulation law (42 USC 262) to authorize exports of "partially processed biological products" and set up an ostensible recall system for biological products presenting "an imminent or substantial hazard to public health;" and
- established a National Commission to Prevent Infant Mortality whose tasks included assessing "adequacy of biostatistics registration systems for collecting and reporting on infant health statistics."
The NCVIA passed by Congress had two main parts, establishing the National Vaccine Program and the National Vaccine Injury Compensation Program.
National Vaccine Program
The first part set up the National Vaccine Program under the Public Health Service Act, and was codified at 42 USC 300aa-1 to 300aa-6.
Congress directed the Secretary of health and Human Services to establish a National Vaccine Program "to achieve optimal prevention of human infectious diseases through immunization and to achieve optimal prevention against adverse reactions to vaccines" (42 USC 300aa-1) and appoint a Director to coordinate nine program areas including
- vaccine research
- development
- safety and efficacy testing
- licensing of vaccine manufacturing companies and vaccines
- production and procurement of vaccines
- distribution and use of vaccines, supported by "assistance to States, localities and health practitioners...including efforts to encourage public acceptance of immunizations";
- "evaluating the need for vaccines, the effectiveness of vaccines, and the adverse effects of vaccines and immunizations"
- exchange of information and funding between US government and non-governmental organizations
- implementation of the National Vaccine Program. (42 USC 300aa-2).......see more at link above
