Key Laws You Need to Know: The Groundwork for Vaccine Mandates

by Dr Sherri Tenpenny, Substack [1-28-2023 published].

(I've been familiar with Dr Tenpenny's work & positions for quite some time. She is very knowledgeable & on our side. - RAD)

In 2005, my first book, ‘FOWL! Bird Flu - It’s Not What You Think, was written in ‘real time’ as the entire fiasco was unfolding. Given what we’ve been through the last three years - i.e. what the WEF, WHO, UN, a long list of three-letter agencies, and our own power-wielding government seemingly have gotten away with - a review of what happened during the Bird flu in 2005 will give an important backdrop for current plans that are steam-rolling forward.

Much of this substack is an excerpt from my book. You may be more than a little surprised that this information came from 2005 because it reads as though it came from today’s newspaper. The text has been only slightly reformatted for clarity. This substack is a little longer than usual, but it is important. Pour yourself a beverage, sit back, take a deep breath, and dive in.

PS. For a much more detailed timeline of how the public health service became a weapon formed against us, read this incredibly detailed substack by Kathrine Watt. This document is incredible work. (Thank you, Katherine!)

Historically, vaccination laws in the U.S. are passed and monitored at the state level, not mandated or enforced at the federal level. While the groundwork to change all that actually began in the 1940s, on January 28, 2003, during President George W. Bush’s State of the Union address, the creation of Project BioShield was revealed. This new legislation was a comprehensive effort to develop and make available “modern, effective drugs and vaccines to protect against possible attacks by biological and chemical weapons.” The initial stage of the program was estimated to cost $5.6 billion over ten years.

Project BioShield established three major components:

  1. The creation of a permanent, ‘indefinite funding authority’ to spur the development of medical countermeasures that enabled the government to purchase vaccines and other therapies as soon as experts believed that they could pass the mantra ‘safe and effective.’ Note: The vaccines were not going to be approved for use after extensive study and testing; they could be put to use with a wink, a wet thumb to the air, and a nod that they were good to go.
  2. Grant new authority to the NIH [think NIAID - Fauci] to speed research and development of drugs and vaccines to counter bioterrorism threats and,
  3. Develop ‘fast track’ provisions such as the declaration of emergency use authorizations [EUA] for the release of treatments, drugs, and vaccines that were still under FDA consideration. [REF: Office of the Press Secretary. “President Details Project BioShield,” The White House, 3 February 2003.}

As sweeping as the provisions were at the time, the legislation failed to include the key provisions sought by the drug companies—complete liability protection for all bioterrorism products.

Throughout 2003, 2004, and 2005, many bills were introduced by both the House and the Senate; in fact, 13 bills were introduced in 2005 alone to achieve this desired goal. But it wasn’t until October 17, 2005, when The Biodefense and Pandemic Vaccine and Drug Development Act of 2005 (known as BioShield II) was put on the front burner to ‘make good’ on the promise of protection to drug makers.

Introduced by senators Bill Frist (R-TN) and Richard Burr (R-NC), the bill was accelerated through the Senate Health, Education, Labor, and Pensions (HELP) Committee, without hearings. According to Burr’s news release, its purpose was to create a partnership between the government and private corporations by ‘rapidly releasing effective medical drugs and vaccines to protect the United States from deliberate, accidental, and natural incidents involving biological pathogens.’

This legislation was designed to give unprecedented advantages to the industry and would remove or severely weaken all safeguards that had long been in place to prevent dangerous or unapproved vaccines, drugs, and medical devices from reaching consumers. The bill also introduced the creation of a new agency within HHS, the Biomedical Advanced Research and Development Agency (BARDA), which would be given the responsibility for handling the $5.6B initiative.

BARDA was officially created in 2006 as part of the Pandemic and All Hazards Preparedness Act (PAHPA). To this day, BARDA manages and funds the research, development, and stockpiling of vaccines and treatments that the government could use during public health emergencies such as chemical, biological, radiological or nuclear (CBRN) attacks. For FY2023, BARDA’s budget is $7.345B, a 13% increase over FY2022.

Public outrage against BioShield II began almost immediately. Patriot websites, conservative news outlets, and nationwide talk radio hosts began to decry the unbelievable benefits that the passage of S. 1873 would convey to drug companies. Dozens of activist groups representing thousands of constituents rallied and mounted campaigns to notify Congress of their dissatisfaction with the bill. Faxes, emails, and phone calls to congressional offices conveyed message after angry message, opposing the carte blanche promises about to be handed to the drug makers. Because the outcry against S.1873 was so strong, the possibility of its passage appeared to be difficult at best, impossible at worst.

Successful Sneak Attack; Americans Lose, Forever

To circumvent the public outrage, Senate Majority Leader Bill Frist contrived the idea to attach a shortened version of the bill to the 2006 Department of Defense Appropriations Bill. It was literally railroaded through at the eleventh hour, giving sweeping, unprecedented immunity to drug companies.

Called Division E, ‘The Public Readiness and Emergency Preparedness Act,’ - or PREP Act for short - Senator Frist added the 40-page addendum to an existing 423-page Defense bill at 11:20 pm on Saturday night, December 17, 2005, well after the House Appropriation Committee members had reached final agreement on the defense bill, had signed off, and most had headed home for the holidays.

Appalled, Representative Dave Obey (D-WI), Ranking Member of the House Appropriations Committee, made the following statement on the floor of the House on December 22, 2005: [NOTE: As far as I can tell, Obey’s response (below) has been completely scrubbed from the Internet]

“When the President requested $7 billion to begin a much-belated crash program to develop a new generation of vaccines and antiviral drugs to combat a potential flu pandemic, the Republican Majority responded by cutting [that request] in half. When I asked Senator Ted Stevens (R-AK) in Conference why we shouldn’t fund the rest of the Administration’s request . . . he responded that because liability protection language for manufacturers had not been adopted, long-range funding should be withheld.

“The Conference Committee [on the Defense Appropriations Bill] ended its work with an understanding, both verbal and in writing, that there would be no—I repeat no—legislative liability protection language inserted in this bill. And because the Majority told us it did not want any compensation program for victims to come out of the discretionary portion of the budget, no funding was provided for that either.

“But after the [Committee] finished at 6 p.m., Senator Frist marched over to the House side of the Capitol, about four hours later, and insisted 40 pages of legislation—which I have in my hand— 40 pages of legislation that had never been seen by Conferees be attached to the bill.

“Speaker [Dennis Hastert R-IL] joined Frist’s insistence, and without a vote of the Conferees, the legislation was unilaterally and arrogantly inserted into the bill, after the Conference was over. [This was] a blatantly abusive power play by two of the most powerful men in Congress.

“We then discovered that this language provided all sorts of insulation for pharmaceutical companies and that this insulation applied not just to drugs developed to deal with the [bird] flu, but in fact applied to a far broader range of products.”

After itemizing the problems associated with the “Division E” language, Representative Obey went on to say:

“Mr. Speaker, the Committee system was created years ago to protect the public interest, so legislation would be carefully reviewed before it was placed before the body for consideration. But that protection was arbitrarily bypassed by the Leadership in both Houses.

“This is the second time that this Congress has supinely done the bidding of the pharmaceutical industry in the dead of night. The first time, a vote was held open for three hours while the Republican Majority twisted arms to create the complex and ridiculously confusing prescription drug bill that our seniors are now so desperately trying to understand—a bill that was ushered through this institution by over 600 lobbyists and that protected [drug] companies by preventing the government from even attempting to negotiate lower drug prices.

“If I thought that denying unanimous consent on this bill would force the Majority to eliminate that language I would object. But, Mr. Speaker, it has also been made quite clear to me that the Majority will not relent on the language that insulates drug companies. [Emphasis added.]

“So Mr. Speaker, I want it to be clear that the action to insert this special interest language in the bill is, in my view, a corruption of the legislative practices of the House. When Congress returns in January, I intend to raise a question about the privileges of the House, highlighted by this action, because it has brought discredit to the House and should disturb every Member who serves here. [Note: An objection was never raised…]

“No Member of Congress, no matter how powerful, should be able to unilaterally insist that provisions that were never discussed and never debated in the Conference. [It] should not be slipped into that Conference report without a vote of that same Conference.

“This is what happens when there are no checks and balances, when one party controls the White House, the Senate, and the House and respects no limits on its own use of power. We have been placed in this position because the House Republican Leadership has sent Members home for the Christmas holidays with the message to the Senate that we would not be here [to review the changes]. That was irresponsible and the country will pay the price. This institution will pay a price as well, in terms of diminished respect from the people we were elected to represent. Members on both sides know it and it is time to have a modicum of respect for the way we do the people’s business.

“This is a shameful and shabby way to end the worst session of Congress I’ve experienced in 36 years in Congress. I most reluctantly withdraw my reservation because lodging an objection at this point would simply delay the shameful inevitable.”

The nefarious language that Congressman Obey was objecting to in the “Division E” addendum deserved every bit of his tirade. Even Senator Ted Kennedy (D-MA) commented,

“Generally around here we measure who the winners and losers are, and we have seen over the period of the last year, year and a half, how the drug companies come out [winners] time and time again, but never, never, ever, ever like they have with this sweetheart deal.”

Senator Frist handed the drug companies more immunity than any bill ever passed by Congress. He has been awarded well for his performance:

And Frist continues to be well-rewarded for his grand performance for the pharmaceutical overlords. As a physician, he was a heart-lung transplant surgeon for 16 years before becoming a Senator for the state of Tennessee. After his time in politics (US Senator from 1995–2007), he served on numerous public, private, and non-profit boards. He has been a participatory member of the World Economic Forum (WEF) since 2005. Frist was elected Chair of The Nature Conservancy Board of Directors, a globalist environmental organization, in June 2022. He will begin his three-year term in October 2022.

What They Won

In case you missed the link above, you can read Division E here.

The PREP Act provided at least four sweeping provisions:

  1. Immunity from liability for ALL drugs, vaccines, and biological products deemed as a “covered countermeasure” in the event of an outbreak of any kind. The proposal is not limited to only new drugs or vaccines developed under the umbrella of “bioterrorism” or “pandemic” protection. The proposal is so broad that it could include drugs like Tylenol, Advil . . . and would have applied to Vioxx, an anti-inflammatory drug that lead to an estimated 88,000 heart attacks in Americans alone, with 38,000 deaths before it was pulled from the market in 2007.
  2. Immunity for Any and ALL products used for any public health emergency declared by the Secretary of Health and Human Services (HHS). As explained below, the authority to declare an emergency now rests completely in the hands of the Secretary of HHS—an appointed, often non-medical person who has no accountability to the general public. The president’s person, hand-picked to be part of his inner circle, will have the power to mandate vaccines and other medications be given to the American people. In the event of a declared medical emergency, the Secretary of HHS is the most powerful person in America.

Who is that person today?

The current head of HHS is Xavier Beccera. Going into a pandemic, did he have decades of medical or even public health experience? Not at all.

He was born in Sacramento and grew up in Tijuana, Mexico. Majoring in economics at Stanford, he became a lawyer and went into politics. In 1990, he was elected to his first term in Congress and throughout his 24-year career in the House, Becerra won every race by overwhelming majorities. He became one of the most influential Democrats in the House.

In 2017 he resigned from the House to accept the job as the attorney general of California. In December 2020, Becerra accepted President-elect Biden’s appointment to serve as Secretary of Health and Human Services (SecHHS). Becerra's appointment was confirmed by the U.S. Senate on March 18, 2021. WATCH who this person is in the future administrations and who will be making decisions about mandatory countermeasures.

  1. Immunity from accountability, no matter what a drug company did wrong. Even if the company’s dirty facility created a batch of contaminated vaccines that resulted in death or injury to thousands of people, the drug company will not be held accountable.
  2. Immunity from lawsuits. A person who suffers any type of loss will be legally prohibited from suing the drug companies; they now had immunity from almost everything, perhaps even murder. The bill’s provisions provided a mechanism for filing a lawsuit, but the language explicitly protects against frivolous suits by setting a standard for liability, so high that lawsuits would essentially be impossible.

Even the American Trial Lawyers Association stated the bill contained language never before seen in any proposal. In simple terms, if a claim is filed by an injured party, it can only go forward if the injured party can prove that the manufacturer, hospital, or medical professional performed an act of willful misconduct that resulted in injury or death. In other words, the injured party would have to prove the drug company or the doctor/nurse had administered the product with the intent to cause harm.

Unbelievably, even then, the defendant would be immune from accountability UNLESS the plaintiff could convince the U.S. Attorney General (AG) that the person or the drug manufacturer had intentionally harmed them AND, being convinced, the AG takes action against the drug company.

This means the U.S. government would have to go to bat for the plaintiff against the drug company for the lawsuit to move forward…..

Keep in mind that the person who rammed this bill through - Senator Bill Frist - was a medical doctor who at one time in his life took an oath to “do no harm.”

Medical Countermeasures

At about the same time that BARDA was created and massive expansion within the government for bioterrorism events, Administration for Strategic Preparedness and Response (ASPR) was greatly expanded within the Public Health Service. The agency has various roles and responsibilities dating back to at least 1955.

In 2002, ASPR was promoted to be an independent office, headed by an Assistant Secretary of HHS. In 2006, it was expanded and renamed the Office of the Assistant Secretary for Preparedness and Response. In July 2022, the scope of duties was again expanded and renamed the Administration for Strategic Preparedness and Response. ASPR has a $40 billion budget and today is managed by Dawn Myers O'Connell, an attorney who worked as a health advisor within the Obama Administration.

Ever heard of her? She’s one of the most important and powerful unelected persons in our government.

In 2017, O'Connell joined the Coalition for Epidemic Preparedness Innovations (CEPI), where she served as director of its U.S. office. As the director, she was responsible for managing CEPI's U.S. and North American interests. CEPI was formally launched in 2017 at Davos, Switzerland by the World Economic Forum with initial funding of US$460 million from the Bill and Melinda Gates Foundation, The Welcome Trust, and several governments. In January 2022, an additional $300M was pledged by The Wellcome Trust and the Bill & Melinda Gates Foundation to help CEPI fast-track vaccines within 100 days - or less.

BARDA works directly with the Public Health Emergency Medical Countermeasures Enterprise (PHEMCE). Housed within HHS, decisions are made by the Assistant Secretary for Preparedness and Response, Dr. Robert Kadlec, another unelected official who is one of the most powerful people in all of government. PHEMCE decides what countermeasures are needed and then BARDA procures the funds through public-private partnerships.

NOTE: To learn more about the military meaning of ‘countermeasure’ and how they have been used against Americans since Covid19 shots are NOT vaccines, I strongly encourage you to set aside 45 minutes to listen, watch, and take notes during this video, “The Overthrow of the US Constitution and the Ongoing War Against Americans.” The discussion regarding ‘countermeasures’ begins about 13 minutes into the video.

Since that time…

That was a recap from 2005.

The concept of mandatory vaccination has only recently gone from a worrisome possibility to a reality.

In 2002, I purchased the URL - Everyone I spoke to about getting behind this concept hand-waved me away saying, “They’re never going to go that far. You’re overreacting.” Few thought that the government would “go that far” - to require a shot to participate in life’s activities.

And, 20 years later, here we are.

If we look back and connect the dots, we see that Project BioShield, the PREP Act, the creation of BARDA, ASPR, PHEMCE, and most recently CEPI, have all been part of the long-term plan that the WEF, UN, WHO, BIS, and our own government put together for the current global takedown, including the decimation of America: One Nation, under God, with Liberty and Justice for all.