US mulls federal troops for bird flu quarantine

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US mulls federal troops for bird flu quarantine

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Oct 12, 3:23 PM (ET)

 

 

By Will Dunham

 

WASHINGTON (Reuters) - The Pentagon is looking at the possibility of

using federal troops to enforce a quarantine in the event of an

outbreak of pandemic bird flu in the United States, a senior official

said on Wednesday.

 

President George W. Bush said last week he would consider using the

military to " effect a quarantine " in response to any outbreak of avian

influenza, but provided few details.

 

Bush at the time also suggested he might place National Guard troops,

normally commanded by state governors, under federal control as part

of the government's response to the " catastrophe " of such a flu pandemic.

 

Paul McHale, assistant defense secretary for homeland defense, said

quarantine law historically has been under the primary jurisdiction of

states, not the federal government.

 

" And my expectation is that any quarantine measures that would be put

in place would likely involve a substantial employment of the National

Guard, probably under command and control of the governor of an

affected state, " McHale told a group of reporters.

 

" However, we are looking at a wide range of contingencies, potentially

involving Title 10 forces (federal troops) if a pandemic outbreak of a

biological threat were to occur, " McHale added.

 

The H5N1 avian influenza virus has killed or forced the destruction of

tens of millions of birds and infected more than 100 people, killing

at least 60 in four Asian nations since late 2003.

 

Experts fear that the virus, known to pass to humans from birds, could

mutate and start to spread easily from person to person, potentially

killing millions worldwide. Experts have questioned America's

preparedness.

 

McHale said he believed there would be a clearer understanding within

a few weeks of the military role in response to pandemic bird flu as

part of a broader federal response. Pentagon officials were meeting on

Wednesday to discuss the department's role in a flu pandemic.

 

LEGAL BARRIERS

 

One issue that could face the U.S. government in the event of an

outbreak is whether or how to cordon off parts of the country to

prevent the disease from spreading.

 

The Posse Comitatus Act of 1878, enacted during the post-Civil War

reconstruction period, prohibits federal military personnel from

taking part in law-enforcement within the United States. But a

president can waive the law in an emergency.

 

National Guard troops under the command of state governors are

permitted to perform law enforcement duties, but would not be

permitted to do so if they were put under federal control.

 

McHale noted that the military has been used only under extraordinary

circumstances for domestic law enforcement and restoring civil order.

 

While not specifically referring to enforcing a quarantine, McHale

said the Pentagon has active-duty federal military units on alert and

deployable at the direction of the president " to deal with occurrences

of massive civil disturbance. " He did not identify the units.

 

On the topic of possible domestic attack involving biological,

chemical or nuclear weapons, McHale said the government needs " a more

robust civilian capability " to respond so the country is not

exclusively dependent on the military.

 

McHale said the Pentagon is working to help make the Department of

Homeland Security better able to make strategic plans for natural

disasters or domestic attacks involving weapons of mass destruction.

The department's Federal Emergency Management Agency was strongly

criticized for its slow response to the Hurricane Katrina disaster on

the U.S. Gulf Coast in August.