STAFF NEWS & ANALYSIS
What Everyone Should Know About the New Quarantine Regulation
By The Daily Bell Staff - March 21, 2017

Imagine men in bleach white bio suits with medical masks show up at your door. You are suspected of carrying a communicable disease. You will now be arrested and held without due process, indefinitely.

The government could do this any day.

They have the “authority”. They have the personnel. They have the funding. Now all they need is the excuse.

The Authority

The federal government claims the right to quarantine anyone who they suspect has or has come into contact with a communicable disease.

On January 19th of this year, a regulation was passed by the Centers for Disease Control (CDC) and Department of Health and Human Services (HHS).

The regulation is meant to allow the HHS and other departments of the federal government to stop the spread of contagious diseases, like Ebola or bird flu. But the regulation is obscure enough to be a serious threat to liberty.

Because the government does not consider quarantine an arrest, those being detained are not afforded the same rights and due process that criminals are supposed to get through the U.S. Justice system.

Apprehension and detention of persons with quarantinable communicable diseases.

(a) The Director may authorize the apprehension, medical examination, quarantine, isolation, or conditional release of any individual for the purpose of preventing the introduction, transmission, and spread of quarantinable communicable diseases, as specified by Executive Order, based upon a finding that:

(1) The individual is reasonably believed to be infected with a quarantinable communicable disease in a qualifying stage and is moving or about to move from a State into another State; or

(2) The individual is reasonably believed to be infected with a quarantinable communicable disease in a qualifying stage and constitutes a probable source of infection to other individuals who may be moving from a State into another State.

That pretty much covers everyone, in a sly little trick to make this regulation somehow apply to interstate commerce. Anyone living in America risks coming into contact with someone who might physically move into another state.

And a person must simply be “reasonably believed” to be infected or have come into contact with an infection, which again is a very low standard that could easily apply to almost anyone who has recently gone out in public. Even when they define “reasonably believed,” the CDC and HHS use obscure language so that the definition could basically fit anyone.

Reasonably believed to be infected, as applied to an individual, means specific articulable facts upon which a public health officer could reasonably draw the inference that an individual has been exposed, either directly or indirectly, to the infectious agent that causes a quarantinable communicable disease, as through contact with an infected person or an infected person’s bodily fluids, a contaminated environment, or through an intermediate host or vector, and that as a consequence of the exposure, the individual is or may be harboring in the body the infectious agent of that quarantinable communicable disease.

Indirectly being exposed to a contaminated environment could get you quarantined. That doesn’t sound like a very strict standard, nor does it sound like a well defined parameter for apprehension. Basically anyone could think up a “reasonable” suspicion that someone has been exposed to a disease that would require quarantine.

The regulation says those quarantined will be allowed representation, but what good will this representative do? The government has all the obscure “authority” they need to keep you on lock down.

The regulation also allows the government to conduct screenings “through non-invasive procedures determined appropriate” at airports, bus stations, and other public places, where people may be required to provide contact information.

And there is the obscure limit again: “determined appropriate.” It is a safe bet that the government will determine any action it takes as “appropriate”.

This means people will be compelled to answer the government’s questions and provide information against their will. Since carrying a disease is not guilt of a crime, the CDC and HHS believe that this does not violate the Fifth Amendment protections against being compelled to give testimony that may incriminate you.

As for how this doesn’t violate the Fourth Amendment against unreasonable search and seizure, the regulation sites some legal precedents for how the government can legally violate your rights.

And the same will apply after apprehension where during a forced medical exam, you may also be required to provide further health details about yourself to the authorities.

The Personnel: Who Will Enforce This?

The group capable of large scale detainment and quarantine was authorized under the Affordable Care Act (Obamacare).

A thousands strong army of medical police is ready to be activated by the government, and spring into action in case of an epidemic.

SEC. 5210 ESTABLISHING A READY RESERVE CORPS

Section 203 of the Public Health Service Act (42 U.S.C. 204) is amended to read as follows:

SEC. 203 COMMISSIONED CORPS AND READY RESERVE CORPS

‘(a) Establishment-

‘(1) IN GENERAL- There shall be in the Service a commissioned Regular Corps and a Ready Reserve Corps for service in time of national emergency.

‘(2) REQUIREMENT- All commissioned officers shall be citizens of the United States and shall be appointed without regard to the civil-service laws and compensated without regard to the Classification Act of 1923, as amended.

Notice that officers are appointed “without regard to the civil-service laws.” These are laws designed to remove politics as a consideration when hiring in the public sector. They also establish guidelines based on merit, impartial hiring criteria, and safety from arbitrary firing and unwarranted disciplinary action.

Officers are also chosen “without regard to the Classification Act of 1923,” which established merit pay and compensation based on performance.

To be clear, the bill states these laws will be disregarded when appointing this police force. So these officers have been hired based on no known criteria, without any defined qualifications, can be denied for no particular reason, can be fired for any reason whatsoever, paid without regard to merit, and punished or rewarded independently of performance.

That section basically ensures the Ready Reserve Corps can be a politicized group that will follow orders of whoever appoints them.

The Funding

Most of the provisions discussed are already well funded through the Centers for Disease Control, and Department of Health and Human Services. But another source to bolster the government quarantine capabilities is making its way through congress.

The bill, which has passed the House and is now in the Senate, wants the government to be able to deal with “surge capacity” in the event of an epidemic.

It would use certain Homeland Security grants and funds for “enhancing medical preparedness, medical surge capacity, and mass prophylaxis capabilities.”

The Excuse

We’ve heard about some disease every year with the potential to cause mass casualties in the event of an outbreak. It is difficult to tell sometimes how much of the hype is media driven, versus which diseases are of real concern.

But there is actual risk for an eventual epidemic. In China, a particularly deadly strain of bird flu is more prevalent this year than in the past four years.

The Spanish Flu epidemic of 1918 which killed tens of millions of people worldwide, is believed to have started in China in a similar fashion. All it takes is the right mutation of the flu virus to become deadly.

So in a sense, the government should be prepared for such an event, but that doesn’t mean they have to violate rights in order to keep the public safe.

It is important to remember that when protecting the public health, the concern is for the general population and not individuals. That is why regulations like this one open up the possibility that individuals will be severely mistreated, in the name of stopping a contagious outbreak.

If the government does implement the forced quarantine of individuals, whether the excuse is real or fabricated, individuals have cause to fear for their safety under government detainment.

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  • Please research the Spanish Flu of 1918 – It was not what we’ve been lead to believe it was, particularly in its inception. Additionally, the massive death toll was greatly increased by the use of aspirin, then a very new pharmaceutical, to lower fevers.

    • Earn nest

      I remember talking to the old timers about it. It was just flu. Most of them had gotten it but got over it. Some did die. One swore she was saved by bathing in something called smartweed.

    • JohnZ

      I believe there is something more to it than we were told and as such things we weren’t told so as to possibly cover up the truth.
      Contracting the flu is for most people a few days or week rest and hydration and avoid making it worse as I once did by not doing so.
      I ended up with pneumonia and was never so sick in my life. 1500 mg of antibiotics and several gallons of water did the trick.
      Most people die from complications not from the flu itself. Furthermore the CDC has lied about the number of bird flu deaths.
      I have not had a flu shot in over 10 year and can’t remember when I had a cold.

    • Aspirin may also inhibit the absorption of vitamin C.

  • JohnZ

    Every crisis or every presumed crisis has been an excuse for the government to impose more of its will on the people . Unelected and unaccountable, the bureaucrats have taken control and as they issue fatwas of every sort, written broadly and vague so as to encompass and entrap everybody, that no one can escape the possibility of being detained indefinitely, sent to long prison sentences or have their property and children stolen from them.
    Those who voted for and continue to support the mentally ill, self deluded clown now occupying the White House had better get used to this and better accept what they have sown. Trump is not going to reverse any of this. He is going to continue to move the police state forward. Those who are either too stupid or too brainwashed to realize this are going to be in for a shock.

    The Rethugnicans who now control congress will have only the next four years. after that they are finished.

    • Boysie

      Don’t you think your description is a “Bit Rich” – would you prefer to have as (YOUR) leader someone who has a (HISTORY) of unresolved crimes to their name – This is what is so very nice about Americans – Forever celebrating a loser – or criminal – even when your very own existence is at stake – (aka) endless trying to get other countries into a war that you cannot possibly win – unless god is on your side and for all the crimes that Americans have committed against other peoples of this earth, I would be extremely surprised – if even the devil himself was on your side – So be thankful and be very grateful, it is very to twelve and it could have been much worse…

      • JohnZ

        I don’t support any of those losers. I am an anarcho -libertarian and as such do not support centralized government. I am also a pragmatist.
        America continues its headlong journey to tyranny without a stop along the way.

  • Doc

    One of the first things any properly authoritarian government puts in place is restrictions on the individual’s free movements. This quarantine thing is the perfect tool.

    DB writes: “So in a sense, the government should be prepared for such an event, but that doesn’t mean they have to violate rights in order to keep the public safe.”

    I’m not sure why you think a territorial monopolist government “should” do this. Sure, the people in that government might think so, but not sure why you do. Do you really believe they have ever kept the public safe?

    Interesting read, thanks.

    • Thanks for the insight, and you are correct, the government really shouldn’t do anything. We should have been more clear; if the government is going to do anything, this seems like a thing they should keep an eye on.

    • Pam

      Great comment, said it all in your first two sentences, in my opinion!!

  • paul crosley

    I heard a story that workers in a cinnamon grinding factory never got the “Spanish Flu” nor did their families. The workers were covered in cinnamon dust and brought it back home.

    • I wouldn’t doubt it. Humphrey Bogart never got malaria when filming “The African Queen” because he drank a bottle of whiskey every night. The rest of the cast fell ill with it.

  • georgesilver

    Is the Daily Bell joining the mainstream in promoting fear?

    • Two of those were actually calling out the media for promoting fear, the third was to inform you about sketchy things the government is doing.

    • Pam

      Great comment, point well taken, but sounds like Gov. feeling the populace out, to see how much over-reach they have, or want to take, to control the populace; Actually its plausible to consider such craziness are in the works, if you realize the squeeze on freedom attempts over the last eight years especially, that has been done to our country??? We need smaller Gov., better decisions, smarter people, and hopeful President Trump’s Administration encompasses all this??? Gov. needs to work smarter, not harder?

  • Pam

    Well, well, now would not it had been smarter to have made sure all entries into our country from Foreign Countries had their update immunizations, and most important had gone through the proper channels to become legal citizens if they were not???

    So no records of who comes or came here during open border concept, who carries diseases of concern, and so now after the fact, all Gov. entities want to now do raids determining suspected folks that are, have been, suspected of carrying a communicable disease?? Our Gov. makes no sense, and we see reasons behind legal processes that prevent illegal criminal’s crossing over here, illegal weaponry/drugs brought here, communicable diseases brought into our country from sick folks of unknown origin, and yet, any excuse for Gov. to commit criminal acts against our American citizens Freedoms with this, “New Quarantine Regulation” guise, in my opinion???
    Cut the funding till all the Gov. gets on the same page with preventive care versus
    Nazi tactics simply because, “They think”?? Seriously, didn’t under OB, he allowed seriously contagious folks from Africa be allowed to enter the USA for quarantine, and medical help? Remember this awhile back?? So there blows the reasoning behind this bogus regulation, in my opinion. They bring it here, and then want to come visit people here in case they got something??? Makes no sense, but American’s know the cat is out of the bag with subversive Agenda’s, and suspect there will be blowback when Nazi tactic’s are kept up????

  • Centurian

    So, during flu season, will this mean the apprehension of all firefighters, paramedics, nurses, doctors, receptionists and visitors to hospitals that may have been in contact with or reasonably thought to have been indirectly exposed to sick people? If someone spits on a cop, does that mean that the cop has to go to an internment camp?

    ED waiting rooms are the most unhealthy places to ever be. Sit there with your kid with a broken finger for a couple of hours and you will be “indirectly exposed” to a number of maladies. How about everybody on a plane with a coughing passenger?

    I get that we need surge capacity. To me that means reserve medical providers. We don’t need what would essentially be incarceration, just for being sick or having shaken hands with someone who later turns out to be sick.

    As a healthcare professional, this sickens me. Perhaps that enough to make me a candidate.

    And healthcare police? Get real. Drain the swamp!

  • Charlie

    Get some garlic and oregano and take them daily. You’ll have a tough time catching illness from anyone, and the incubation cycle if started will be disrupted. Olive leaf powder is another possibility as is milk thistle. Anything with cytoskeleton should be disrupted by the oleuropein component in olive leaf. You can read about it at Pub Med. If an MD tells you that taking thiamine for the heart won’t help, tell him to his face you easily disregard him and start taking that too.

  • Regulations aren’t laws. End of story.
    Apprehend innocent people who aren’t sick will result in a lot of dead apprehenders.

  • Ephraiyim

    So does being infected with potentially threatening ideas qualify if some idiot president decides it is a communicable disease?
    After all ideas spread very quickly and can infect even those who are very careful to guard against such infections. 😁

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