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PREPA - and what this means to you

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, let’s focus on the Anthrax vaccine.


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 nation’s 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 taxpayer’s 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..."


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 wouldn’t 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,

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:

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."

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 Senator Chris Dodd
Washington DC Washington DC
(202) 224-3254 Phone (202) 224-2823 Phone
(202) 224-9369 Fax (202) 224-1083 Fax

Senator Edward Kennedy Senator Jeff Bingaman
Washington DC Washington DC
(202) 224-4543 Phone (202) 224-5521 Phone
(202) 224-2417 Fax (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.”

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 CDC’s 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 child’s 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, CDC’s 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

Randi Airola

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.