Model nullification act, draft of first few sections.
Drafting still in progress.
Orientation for new readers - American Domestic Bioterrorism Program - Tools for dismantling kill box anti-law
Related:
Feb. 16, 2024 - State nullification procedure acts.
May 17, 2024 - Global Catastrophic Risk Management Act, enacted by Congress and Biden Dec. 2022, codified at 6 USC 821-825. - “…Yesterday I was tracking the development of several statutes, while working on a model nullification act for state lawmakers to use to nullify bad federal laws.”
Model Nullification Act, draft of first few sections:
State/Commonwealth of _________
HOUSE/SENATE BILL No. _______
An ACT to NULLIFY
Certain federal laws purporting to justify and authorize, on false grounds of national security, biodefense, and communicable disease control, federal attacks on state populations through
Public health service, Regulation of biological products; preparation of biological products; biological select agents and toxins (BSAT), 42 USC 262 et seq;
Public health service, Communicable disease control, quarantine and inspection, 42 USC 264 et seq;
War and National Defense, Chemical and biological warfare, 50 USC Ch. 32; biological weapons, 18 USC 175 et seq; national biodefense strategy, 6 USC 104 et seq;
Public health service, federal-state cooperation; public health emergencies, 42 USC 243; 247d et seq;
Public health service, Vaccines, vaccination and vaccine liability indemnification, 42 USC 300aa et seq;
Food, Drug and Cosmetics Act, Drugs and devices, Expanded access to unapproved therapies and diagnostics, 21 USC 360bbb et seq;
Public health service, National all-hazards preparedness for public health emergencies, 42 USC 300hh et seq;
Foreign assistance, Population planning and health programs; international pandemic preparedness; global health security and pandemic preparedness, 22 USC 2151b statutory notes, Sec. 5559 through 5566;
Homeland Security, National Emergency Management; Comprehensive preparedness system; national preparedness system; global catastrophic risk management, 6 USC 741 through 825;
and related Presidential executive orders, administrative regulations and federal programs.
Be it enacted by the [General Assembly] of the State/Commonwealth of ________:
[Title/Chapter/Section __] is enacted to read:
CHAPTER ____
PROHIBITION AGAINST ENFORCEMENT OF FEDERAL PUBLIC HEALTH EMERGENCY AND PANDEMIC PREPAREDNESS AND RESPONSE LAW
SECTION ___. Findings
The Legislature finds that:
1. Agent of the people. The people of the several states that compose the United States of America created the Federal Government to be their agent for certain enumerated purposes.
2. Tenth Amendment. The United States Constitution, Amendment X, declares that the powers not delegated to the Federal Government, nor prohibited to it by the states, are reserved to the states respectively, or to the people;
3. Violation of rights and duties to protect life, liberty and property. The assumption of power that the Federal Government has made by enacting federal public health emergency, pandemic preparedness and response and related laws violate the rights and duties of the State to protect the lives, liberties and property of the people of the State, and violate the rights and duties of the people to protect their own lives, liberties and property.
Regulation of biological products; preparation of biological products; biological select agents and toxins (BSAT)
4. On July 1, 1944, Congress and President Franklin Roosevelt enacted the Public Health Service Act (Pub.L. 78-410), to implement programs following a reorganization of the Public Health Service enacted Nov. 11, 1943 (Pub.L. 78-184).
5. PHSA Section 351, codified at 42 USC 262, purports to govern "regulation of biological products."
6. PHSA Section 352, codified at 42 USC 263, purports to govern "preparation of biological products by [Public Health] Service."
7. PHSA Section 351A, codified at 42 USC 262a, as added in 2002 and implemented at 42 CFR 73, 7 CFR 331, 9 CFR 121 and related administrative regulations, purports to govern "enhanced control of dangerous biological agents and toxins," also known as the "biological select agents and toxins" or BSAT program.
8. PHSA Section 353, codified at USC 263, as added in 2021, purports to govern "education on biological products."
9. Congress and US Presidents have amended biological product licensing and related law in 1953 (Reorg. Plan 1); 1958 (Pub.L. 85-881); 1970 (Pub.L. 91-515); 1979 (Pub.L. 96-88); 1986 (Pub.L. 99-660); 1992 (Pub.L. 102-300); 1996 (Pub.L. 104-134); 1997 (Pub.L. 105-115); 2002 (Pub.L. 107-188); 2003 (Pub.L. 108-155); 2007 (Pub.L. 110-85); 2010 (Pub.L. 114-89); 2015 (Pub.L. 114-89); 2016 (Pub.L. 114-255); 2017 (Pub.L. 115-52); 2019 (Pub.L. 116-94); 2020 (Pub.L. 116-260); 2021 (Pub.L. 117-8); and 2022 (Pub.L. 117-328).
10. Since 1973, biological product licensing regulations purporting to govern the manufacture of vaccines and related biological products, have been promulgated by the US Food and Drug Administration (FDA) at 21 CFR 600-680 and related sections of the Code of Federal Regulations.
11. Federal biological product licensing and manufacturing, and BSAT control statutes and regulations, through undefined and ill-defined terms, exemptions, exclusions, waivers, suspensions and discretionary and/or conditional application, authorize the Food and Drug Administration (FDA), Public Health Service, Department of Health and Human Services (HHS), Department of Defense (DoD), and pharmaceutical manufacturers to coordinate the manufacture, distribution and use of non-regulated, intentionally toxic products deceptively presented to the public as licensed, regulated medicinal products, including vaccines.
Quarantine and inspection; regulations to control communicable diseases.
12. On July 1, 1944 Congress and President Franklin Roosevelt enacted the Public Health Service Act (Pub.L. 78-410), to implement programs following a reorganization of the Public Health Service enacted Nov. 11, 1943 (Pub.L. 78-184).
13. PHSA Sections 361 through 369, codified at 42 USC 264 through 272, purport to govern "quarantine and inspection; regulations to control communicable diseases" and related programs governing foreign and domestic travel and travelers.
14. Congress and US Presidents have amended communicable disease control laws in 1953 (Reorg Plan 1); 1957 (Pub.L. 85-58); 1958 (Pub.L. 85-580); 1960 (Pub.L. 86-624); 1976 (Pub.L. 94-317); 1979 (Pub.L. 96-88); and 2002 (Pub.L. 107-188).
15. Federal quarantine procedures are promulgated by the Secretary of Health and Human Services and the Director of the Centers for Disease Control and Prevention (CDC) at 42 CFR 70 (domestic, interstate) and 42 CFR 71 (foreign).
16. In 2002, through the Public Health Security and Bioterrorism Preparedness and Response Act (Pub.L. 107-188), Congress redefined quarantinable communicable disease conditions, striking the phrase "in a communicable stage," replacing it with "in a qualifying stage," and defining qualifying stage as either a "communicable stage" or a "precommunicable stage, if the disease would be likely to cause a public health emergency if transmitted to other individuals."
17. Through Executive Orders promulgated since 2003, US Presidents George W. Bush, Barack Obama and Joseph Biden added mild, non-specific, common respiratory diseases and syndromes including SARS, influenza and measles, to the list of quarantinable diseases under 42 USC 264. See EO 13295, 2003; EO 13375, 2005; EO 13674, 2014; EO 14047, 2021.
18. By Federal Register Final Rule, Jan. 19, 2017 (82 FR 6890), HHS-CDC promulgated major amendments to quarantine and inspection regulations at 42 CFR 70 and 42 CFR 71, as authorized by Congress under 42 USC 264 et seq. These regulations have been in effect since Feb. 21, 2017, and authorize the HHS Secretary to order warrantless search, seizure, detention and treatment of individuals on legal grounds and falsified fact evidence derived from non-validated diagnostic tests, that subjects may be infected with common, mild communicable diseases, including individuals exhibiting no symptoms but alleged to be in a "precommunicable" stage.
Chemical and biological warfare; biological weapons; national biodefense strategy
19. On Nov. 19, 1969, Congress and President Richard Nixon enacted the Chemical and Biological Warfare Program (Pub.L. 91-121), codified at 50 USC 1511 through 1528.
20. The US Department of Defense Chemical and Biological Warfare Program, as enacted, purports to prohibit research, development and use of chemical and biological weapons, but exempts from prohibition, research, development and use of chemical and biological weapons for alleged defensive, protective, prophylactic and/or peaceful purposes.
21. Congress and US Presidents have amended the Chemical and Biological Warfare Program in 1971 (Pub.L. 92-216); 1974 (Pub.L. 93-348); 1978 (Pub.L. 95-79); 1982 (Pub.L. 97-375); 1990 (Pub.L. 101-510); 1993 (Pub.L. 103-160); 1996 (Pub.L. 104-106; Pub.L. 104-106); 1997 (Pub.L. 105-85); 1998 (Pub.L. 105-261); 2004 (Pub.L. 108-375); and 2016 (Pub.L. 114-328).
23. On May 22, 1990, Congress and President George W. Bush enacted "biological weapons; prohibitions with respect to biological weapons," (Pub.L. 101-298), codified in the federal criminal code at 18 USC 175 through 178.
24. Congress and US Presidents have amended federal biological weapons criminal law in 1994 (Pub.L. 103-322); 1996 (Pub.L. 104-132; Pub.L. 104-201); 2001 (Pub.L. 107-56); 2002 (Pub.L. 107-188; Pub.L. 107-273); 2004 (Pub.L. 108-458); and 2019 (Pub.L.116-31).
25. By exempting the Public Health Service, Department of Health and Human Services, from core provisions of 18 USC 175 et seq, Prohibitions with respect to biological weapons, Congress authorized "conduct by, or under the authority of, the Secretary of Health and Human Services" to produce and use dangerous biological agents and toxins, including vaccines, on human and animal targets; and Congress authorized, as affirmative defenses, that otherwise-prohibited conduct was undertaken "for a prophylactic, protective or other peaceful purpose." See 18 USC 175c(a)(2); 18 USC 176(c), 18 USC 177(b)
26. On Nov. 5, 1990, Congress and President George W. Bush enacted the Biological Defense Research Program (Pub.L. 101-510), codified at 10 USC 2370, repealed in 1996 (Pub.L. 104-106), provisions transferred to 50 USC 1523 and related sections.
27. On Dec. 23, 2016, Congress and President Barack Obama enacted the "National Biodefense Strategy" program, (Pub.L. 114-328), codified at 6 USC 104 through 106, amended in 2019 (Pub.L. 116-92) and 2021 (Pub. L. 116-283);
28. Through the Chemical and Biological Warfare Program, National Biodefense Strategy, and related federal laws, Congress has authorized federal military and public health officers to falsely classify prohibited offensive weapons and weapon platforms as defensive biological select agents and toxins (BSAT), security countermeasures, medical countermeasures, qualified pandemic or epidemic products, platform technologies and vaccines; to expand federal chemical and biological weapons development, testing and deployment programs; to establish and fund a National Pharmaceutical Stockpile of prohibited chemical and biological weapons, later renamed the Strategic National Stockpile, and eliminate reporting to Congress, state and local governments, the public, and military and civilian targets.
[More to follow.]
