America’s Pandemic Laws - Necessary Part II.

America’s Pandemic Laws 2002 – 2021. Part II.

The list, “America’s Pandemic Laws 2002 – 2021” is insufficient by itself to provide a complete understanding. America has been planning for and enacting laws about pandemics since 2002[i]. The most important of all these laws is an executive order from 2018 entitled “National Biodefense Strategy”[ii]?and its accompanying National Security Presidential Memorandum 14, the Presidential Memorandum on the Support for National Biodefense, September 18, 2018 (NSPM 14).[iii] (Together, “the Strategy.”)

?The Strategy is remarkable because of what it said, and what it didn’t do.

THIS IS WHAT IT SAID: ?

?This Strategy…

?brings together and puts in place for the first time, a single coordinated effort … to protect the American people from biological threats.”[iv]

?It recognized:

?“Biological threats… among the most serious threats facing the United States and the international community… can cause catastrophic harm... death, sicken, and disable on a massive scale…psychological trauma and economic and social disruption… originate in one country and spread to many others.”[v]

It required:

“PPE,”[vi] “Stockpiles,”[vii] and “Testing,”[viii] “to use the Defense Production Act of 1950,”[ix] to "Ensure the safety, security…and reliability of supply chains,”[x] and to "Improve Federal Messaging”… to “provide clear, consistent, and coordinated information."[xi]

?The word “biosurveillance,” is mentioned 22 times in the Strategy.[xii]

?Unlike any other previous homeland security law, the Strategy “superseded and replaced” earlier laws.[xiii] ?These earlier laws would have helped us.

?THIS IS WHAT IT DIDN’T DO:

?The Strategy was important. It had the words “National Security” in the title! Tragically the Strategy was never implemented. As a March 2020 GAO report indicates, the Strategy did not even get to step one of its implementation plan.[xiv]

Every consequence the Strategy recognized - did in fact happen. Every word.

Every thing the Strategy required - we did in fact require. Every word.

?The two documents that make up the Strategy have very long names, but not so many words.?I encourage you to read the Strategy to learn what could have been. It is a law, written in English, the words mean what they say, and have power.

?UNRESOLVED:

I cannot resolve whether the 2018 Strategy is solely responsible for America’s initial poor and distorted response to COVID-19 (and the lingering aftereffects of this). After all, America has been preparing for pandemics since 2002. What happened to the PPE, Masks, etc., required pursuant to the 2004 Pandemic Plan from George W. Bush or the 2009 Pandemic Plan from Barak Obama?

?I do not know, and I am not sure it matters. This is because the 2018 Strategy took complete and unequivocal control of and responsibility for America’s pandemic response. It claimed it “brings together and puts in place for the first time, a single coordinated effort … to protect the American people from biological threats.”?

?It was a promise to the American People!

Martin Alperen.

HomelandSecurityLaws.com

[i] Public Health Security and Bioterrorism Preparedness and Response Act of 2002. https://www.congress.gov/107/plaws/publ188/PLAW-107publ188.pdf

[ii] 2018 National Biodefense Strategy ?https://trumpwhitehouse.archives.gov/wp-content/uploads/2018/09/National-Biodefense-Strategy.pdf?(Federal Register / Vol. 83, No. 202 /?Thursday, October 18, 2018 / Notices.?Pages 52841-52843)

[iii] Presidential Memorandum on the Support for National Biodefense, September 18, 2018 (NSPM 14)?https://trumpwhitehouse.archives.gov/presidential-actions/presidential-memorandum-support-national-biodefense/<ref>

[iv] (2018 Strategy page 1.)

[v] (2018 Strategy page 1.)

[vi] (2018 Strategy Annex I, ?3.3.3, 3.3.4)?

[vii] (2018 Strategy Annex I, ?3.3.3, 3.5.2, 3.9.2)

[viii] (2018 Strategy Annex I, ?2.2.2, 3.3.1).

[ix] (2018 Strategy Annex I, ?4.4.1)?

[x] (2018 Strategy Annex I, ?3.3.3. Also 1.1, 3.3.6)???

[xi] (2018 Strategy Annex I, ?3.4.1. Also 3.4, 3.4.2, G4, 4.4, 4.4.1, 5.2.1).

[xii] (2018 Strategy pages 1, 6, 28. Annex I, 1.2, 1.2.4, 3.3.1, 4.1.2, 5.1,)?

[xiii] Presidential Memorandum on the Support for National Biodefense, September 18, 2018 (NSPM 14), Sec. 3. <ref>https://trumpwhitehouse.archives.gov/presidential-actions/presidential-memorandum-support-national-biodefense/<ref>

(Also available in the Federal Register. https://www.federalregister.gov/documents/2018/10/18/2018-22742/posting-of-the-national-security-presidential-memorandum-14-support-for-national-biodefense)

[xiv] GAO, March 11, 2020, ??https://www.hsdl.org/?abstract&did=835086

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