Posted on 09/02/2016 8:15:31 AM PDT by MarchonDC09122009
Federal Register | Control of Communicable Diseases (CDC Quarantine rule changes)
https://www.federalregister.gov/articles/2016/08/15/2016-18103/control-of-communicable-diseases#h-10
The Federal Register The Daily Journal of the United States Government Proposed Rule Control of Communicable Diseases
A Proposed Rule by the Health and Human Services Department on 08/15/2016
This document has a comment period that ends in 42 days (10/14/2016) Submit a formal comment
Publication Date: Monday, August 15, 2016 Agency: Department of Health and Human Services Dates: Written or electronic comments on the NPRM must be received by October 14, 2016.
Action: Notice of Proposed Rulemaking (NPRM). Shorter URL: https://federalregister.gov/a/2016-18103 Related Topics Communicable diseases Quarantine Docket Number CDC-2016-0068 Docket Name Control of Communicable Diseases Docket RIN 0920-AA63
Notice Of Proposed Rulemaking (Nprm). Summary
Through this Notice of Proposed Rulemaking (NPRM), the Centers for Disease Control and Prevention (CDC) in the Department of Health and Human Services (HHS) is amending its domestic (interstate) and foreign quarantine regulations to best protect the public health of the United States. These amendments are being proposed to aid public health responses to outbreaks of communicable diseases such as the largest recorded outbreak of Ebola virus disease (Ebola) in history, the recent outbreak of Middle East Respiratory Syndrome (MERS) in South Korea, and repeated outbreaks and responses to measles in the United States, as well as the ongoing threat of other new or re-emerging communicable diseases. The provisions contained herein provide additional clarity to various safeguards to prevent the importation and spread of communicable diseases affecting human health into the United States and interstate.
Statements of note:
HHS/CDC recognizes that the right to engage in travel within the United States is a privilege of national citizenship protected by the Privileges and Immunities Clause of the U.S. Constitution, as well as an aspect of liberty protected by the Due Process Clauses of the Fifth and Fourteenth Amendments. See Jones v. Helms, 452 U.S. 412, 418 (1981). However, this right is not unqualified and travel restrictions based on the threat posed by communicable diseases are valid. See Zemel v. Rusk, 381 U.S. 1, 15-16 (1965) (“The right to travel within the United States is of course also constitutionally protected . . . [b]ut that freedom does not mean that areas ravaged by flood, fire or pestilence cannot be quarantined when it can be demonstrated that unlimited travel to the area would directly and materially interfere with the safety and welfare of the area or the Nation as a whole.”). Furthermore, HHS/CDC will afford individuals subject to these travel restrictions with adequate due process through the previously mentioned written appeals process.
HHS/CDC requests public comment concerning the mandatory submission of crew and passenger manifests to HHS/CDC containing personally identifiable contact information for the purposes of conducting contact tracing. HHS/CDC specifically requests public comment on this proposed provision. In particular, HHS/CDC requests comment from the general public regarding whether they have any privacy concerns regarding the collection of the specified data elements proposed in this rule, the protection and maintenance of their personally identifiable information by HHS/CDC, and the disclosure of such identifiable information by the airlines and vessels to CDC during contact tracing.
CDC rule change measures include vaccination:
Agreement
HHS/CDC is proposing a definition for “agreement”
which refers to an agreement entered into between the CDC
and an individual expressing agreement between the parties
that the individual will observe public health measures
authorized under this part, as the CDC considers reasonably
necessary to protect the public’s health, including
quarantine, isolation, conditional release, medical
examination, hospitalization, vaccination, and treatment.
An explanation of the reasons for why HHS/CDC is including
a regulatory provision explicitly allowing for agreements
is discussed in detail in the preamble section explaining
proposed § 70.8. HHS/CDC believes that the proposed
definition is consistent with public health practice
CDC Proposes Rule to Apprehend and Detain anyone, anywhere, at any time, for any duration, without Due Process or right of Appeal - and administer FORCED Vaccinations!
Based on CDC’s 8/15/16 publication of ‘ Rules for the Control of Communicable Diseases’, the CDC is giving itself the power to forcibly apprehend healthy people en masse, and detain them indefinitely with no process of appeal.
Kindly enough the CDC is giving the public until 10/14/2016 to comment on its new found extra-Constitutional power,
“and whether there are any public concerns with the absence of a specific maximum apprehension period in the regulation.”
Of course and as would be expected from a totalitarian unconstitutional power grab,
“When an apprehension occurs, the individual is not free to leave or discontinue his/her discussion with an HHS/CDC public health or quarantine officer.”
Moreover, the CDC also would like the public’s input on the fact their power is not limited to just individual persons but rather they could apprehend entire cities in mass if they so desired:
“HHS/CDC specifically requests public comment on this proposed provision to issue Federal orders to entire groups rather than individuals.”
And as is to be expected since its impossible to give a medical examine to an entire city, the CDC would also like your comments on the fact
“the proposed practice to issue Federal orders before a medical examination has taken place. “
For those wishing to give the CDC their requested comments on their new found powers, the link to make such comments can be found under the SOURCE links at the end of this article. Anyone who is interested would do well to read the CDC’s entire publication in the Federal Register.
The CDC’s claimed power follows these Stages:
You (or your city) are declared “precommunicable”
Apprehension and Detention [A&D]
Order of Isolation, Quarantine, or Conditional Release
In stage 1:
“CDC defines precommunicable stage to mean the stage beginning upon an individual’s earliest opportunity for exposure to an infectious agent”,
as previously indicated CDC does NOT need to give a medical exam to declare you (or your city) “precommunicable”. In fact, you may be perfectly healthy, unexposed, and uninfected. All that is required is for someone to say they suspect you (or your city) had a nebulous general and poorly defined “opportunity” for exposure.
Moreover, you don’t even get any due process to prove you had zero opportunity to be exposed until after CDC has proceeded on to Stage 3; The rub being the CDC can hold you (or your city) at Stage 2 indefinitely with no appeal by never proceeding to Stage 3. ie Do Not Pass Go, Go Directly To Jail.
In Stage 2:
CDC sneaks in its unlimited and unchecked authority. They’ve couched this authority by describing how they “generally” expect it to work in a temporary manner, but they’ve also clearly stated it is open ended and there is no discussion of due process in the A&D phase (again CDC wants your comments on this fact).
To see how CDC’s concept of unlimited city wide Apprehension and Detention would play out, watch CDC’s very own 2011 propaganda movieContagion. A movie basically written for and by the CDC to scare the public into funding them and showcase how their heroic dream response to an outbreak would unfold.
There is no onus on the CDC to end the Apprehension phase, or to proceed on to issuing orders of isolation, quarantine, or conditional release; As such you (or your city) can be held in apprehension and detention indefinitely.
In Stage 3:
IF an order of isolation, quarantine, or conditional release is issued, the CDC gives those so ordered one chance in the first 72 hours to ask CDC to change their minds, after which unlimited detention is again on the table.
The CDC can stop, detain, and jail you anywhere.
The other key factors of note is that the CDC does NOT limit this power to the international borders. CDC says it can take such actions any where in the USA based on a claim that every action affects interstate travel.
CDC claims it can set up check points at any bus or train station in the country, or at any location that might affect interstate travel.
CDC claims that the simple act of lining up at any CDC checkpoint gives them irrevocable authority to force you to be screened. “an individual’s refusal to be screened may result in quarantine, isolation, or conditional release” This could be in your car stuck in traffic at a CDC check point, a bus station, a taxi-stand, etc etc.
“(holding that a passenger consents to an airport security search by presenting himself/herself for boarding and that such consent may not be revoked by simply walking away). Thus, in order to protect interstate travel from communicable disease threats, HHS/CDC intends for this section to apply broadly to all circumstances where individuals may queue with other travelers”
“HHS/CDC believes that the rationale for airport security screenings may be extended to other forms of transportation, e.g., trains and buses, because of the similar “administrative” or special governmental need in preventing interstate communicable disease spread”
FORCED VACCINATION
“CDC may enter into an agreement with an individual, upon such terms as the CDC considers to be reasonably necessary, indicating that the individual consents to any of the public health measures authorized under this part, including quarantine, isolation, conditional release, medical examination, hospitalization, vaccination, and treatment; provided that the individual’s consent shall not be considered as a prerequisite to any exercise of any authority under this part.”
Even though the CDC believes it can force all the above procedures on individuals and groups, it also uses “voluntary agreements” for the sole purpose of making forced actions easier to perform. Anyone breaking these “voluntary agreements”, even if they didn’t agree to them, is subject to criminal prosecution.
“individuals who violate the terms of the agreement or the terms of the Federal order for quarantine, isolation, or conditional release (even if no agreement is in place between the individual and the government), he or she may be subject to criminal penalties”
Surprisingly, the one thing CDC’s left out of this rule making is the creation of the their own armed Federal Police Force to carry out these action; but it can’t be far off.
This is simple: If any agency of any government tries to stop innocent, healthy people, without cause, without warrant and without charge, then tries to detain, quarantine or imprison you, then what they are doing is unlawful denial of Constitutional rights.
Sources:
Control of Communicable Diseases: A Proposed Rule by the Health and Human Services Department on 08/15/2016
https://www.superstation95.com/index.php/world/1925
Highly suggest fellow freepers and freedom minded citizens comment on this at the CDC site by 10/14/2016 deadline.
https://www.federalregister.gov/articles/2016/08/15/2016-18103/control-of-communicable-diseases#h-21
This is a huge assault on our liberty for the following reasons:
Your Comment Tracking Number: 1k0-8rof-4snp
Your comment may be viewable on Regulations.gov once the agency has reviewed it.
This process is dependent on agency public submission policies/procedures and processing times.
Use your tracking number to find out the status of your comment.
Your comment:
Comment: Based on CDC’s 8/15/16 publication of ‘ Rules for the Control of Communicable Diseases’, the CDC is giving itself the power to forcibly apprehend healthy people en masse, and detain them indefinitely with no process of appeal, for its new found extra-Constitutional power:
“and whether there are any public concerns with the absence of a specific maximum apprehension period in the regulation.”
“When an apprehension occurs, the individual is not free to leave or discontinue his/her discussion with an HHS/CDC public health or quarantine officer.”
CDC power is not limited to just individual persons and could apprehend entire cities in mass if they so desired:
“HHS/CDC specifically requests public comment on this proposed provision to issue Federal orders to entire groups rather than individuals.”
The CDC’s claimed power follows these 3 Stages:
You (or your city) are declared “precommunicable”
Apprehension and Detention [A&D]
Order of Isolation, Quarantine, or Conditional Release
In stage 1:
“CDC defines precommunicable stage to mean the stage beginning upon an individual’s earliest opportunity for exposure to an infectious agent”,
CDC does NOT need to give a medical exam to declare you (or your city) “precommunicable”. In fact, you may be perfectly healthy, unexposed, and uninfected. All that is required is for someone to say they suspect you (or your city) had a nebulous general and poorly defined “opportunity” for exposure.
There is NO due process to prove you had zero opportunity to be exposed until after CDC has proceeded on to Stage 3; The CDC can hold you (or your city) at Stage 2 indefinitely with no appeal by never proceeding to Stage 3.
In Stage 2:
CDC sneaks in its unlimited and unchecked authority. They’ve couched this authority by describing how they “generally” expect it to work in a temporary manner, but they’ve also clearly stated it is open ended and there is no discussion of due process in the Apprehension & Detention phase.
There is no onus on the CDC to end the Apprehension phase, or to proceed on to issuing orders of isolation, quarantine, or conditional release; As such you (or your city) can be held in apprehension and detention indefinitely.
In Stage 3:
IF an order of isolation, quarantine, or conditional release is issued, the CDC gives those so ordered one chance in the first 72 hours to ask CDC to change their minds, after which unlimited detention is again on the table.
The CDC can stop, detain, and jail you anywhere.
The other key factors of note is that the CDC does NOT limit this power to the international borders. CDC says it can take such actions any where in the USA based on a claim that every action affects interstate travel.
CDC claims it can set up check points at any bus or train station in the country, or at any location that might affect interstate travel.
CDC claims that the simple act of lining up at any CDC checkpoint gives them irrevocable authority to force you to be screened. “an individual’s refusal to be screened may result in quarantine, isolation, or conditional release” This could be in your car stuck in traffic at a CDC check point, a bus station, a taxi-stand, etc etc.
“(holding that a passenger consents to an airport security search by presenting himself/herself for boarding and that such consent may not be revoked by simply walking away). Thus, in order to protect interstate travel from communicable disease threats, HHS/CDC intends for this section to apply broadly to all circumstances where individuals may queue with other travelers”
“HHS/CDC believes that the rationale for airport security screenings may be extended to other forms of transportation, e.g., trains and buses, because of the similar “administrative” or special governmental need in preventing interstate communicable disease spread”
FORCED VACCINATION
“CDC may enter into an agreement with an individual, upon such terms as the CDC considers to be reasonably necessary, indicating that the individual consents to any of the public health measures authorized under this part, including quarantine, isolation, conditional release, medical examination, hospitalization, vaccination, and treatment; provided that the individual’s consent shall not be considered as a prerequisite to any exercise of any authority under this part.”
Even though the CDC believes it can force all the above procedures on individuals and groups, it also uses “voluntary agreements” for the sole purpose of making forced actions easier to perform. Anyone breaking these “voluntary agreements”, even if they didn’t agree to them, is subject to criminal prosecution.
“individuals who violate the terms of the agreement or the terms of the Federal order for quarantine, isolation, or conditional release (even if no agreement is in place between the individual and the government), he or she may be subject to criminal penalties”
Will the CDC use armed agents to enforce?
This will only apply to native-born Americans.
God,I hate legalese.
.
I skimmed it. Didn’t study it. But the provisions for immigrants/refugees, etc seem too loose. Take a look at TB, which is a problem with some immigrants/refugees. They are allowed to go anywhere depending on the stage of their TB. Of course, once at the new location, the stages advance.
PING!!!
Based on CDC’s 8/15/16 publication of ‘ Rules for the Control of Communicable Diseases’, the CDC is giving itself the power to forcibly apprehend healthy people en masse, and detain them indefinitely with no process of appeal.
Article and comments
Thanks, MarchonDC09122009
News SOURCE :Federal Register
Based on CDC’s 8/15/16 publication of ‘ Rules for the Control of Communicable Diseases’,
SUMMATION: the CDC is giving itself the power to forcibly apprehend healthy people en masse,
and detain them indefinitely with no process of appeal.
” If you would like to be added to or deleted from this Ping List, please FReepmail me. “
Regarding : CDC’s 8/15/16 publication of ‘ Rules for the Control of Communicable Diseases’
This is a Proposed Rule change by the Health and Human Services Department on 08/15/2016
This document has a comment period that ends in 42 days (10/14/2016) If you wish to ubmit a formal comment
I can’t help but wonder what on the horizon has prompted this now. Who got a hold of what?
******************
Thanks for the ping, TIK.
We live in a police state.
Based on CDC’s 8/15/16 publication of ‘ Rules for the Control of Communicable Diseases’, the CDC is giving itself the power to forcibly apprehend healthy people en masse, and detain them indefinitely with no process of appeal.
Article and comments
Thanks, MarchonDC09122009
Ping
“I can’t help but wonder what on the horizon has prompted this now. Who got a hold of what?”
Just what I was thinking.
Oh, look, the Secretary of HHS previously ran the Bill and Melinda Gates foundation and its global initiative and has served on the board of the CFR:
http://www.hhs.gov/about/leadership/secretary/sylvia-mathews-burwell/index.html
It is the winding down of the Obama Administration and establishment of his progressive “legacy”.
Yeah, Ever notice how so many of the various governmental agencies come from the same organizations that they have oversight ?
Its a revolving door from FDA to Big Pharma ,or Giggle.com to committees intellectual property and then return back to Giggle.
Under this administration there is a regular revolving door from private industry ,to governement, to going back to private industry; it's almost incestuous !
BUT. There's always a but for citizens. There is not but for foreigners who can bring in whatever diseases they wish.
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