Title 42 United States Code Section 264 (Section 361 of the Public Health Service [PHS] Act) gives the Secretary of Health and Human Services (HHS) responsibility for preventing the introduction, transmission, and spread of communicable diseases from foreign countries into the United States and within the United States and its territories/possessions. This statute is implemented through regulations found at 42 CFR Parts 70 and 71.
Under its delegated authority, the Centers for Disease Control and Prevention (CDC) is empowered to detain, medically examine, or conditionally release individuals reasonably believed to be carrying a communicable disease.
Why is an Executive Order necessary?
Under the procedures required under the PHS Act, the list of diseases for which quarantine is authorized must first be specified in an Executive Order of the President, on recommendation of the HHS Secretary. By amending the list to include types of influenza that either cause or have the potential to cause a pandemic, HHS is simply taking the pragmatic step of readying all options as it monitors the emergence of these viruses and makes plans to prevent their spread.
What does the Executive Order accomplish?
In the event a passenger infected with a novel influenza strain were to arrive in the United States on board an international conveyance (e.g., boat, airplane), the Executive Order provides HHS with clear legal authority to isolate an ill passenger to prevent the passenger from infecting others. This authority would be used only if someone posed a threat to public health and refused to cooperate with a voluntary request.
Were any other diseases added to the list?
No, this Executive Order added only influenza viruses that cause or have the potential to cause a pandemic to the list of communicable diseases for which quarantine is authorized.
SARS was added to the list of quarantinable diseases by Executive Order in 2003. The other diseases (
Cholera; Diphtheria; infectious Tuberculosis; Plague; Smallpox; Yellow fever; and Viral Hemorrhagic Fevers) have been on the list since 1983.
The President can revise this list by Executive Order.
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