Federal and State Quarantine and Isolation Authority Page: 10 of 24
This report is part of the collection entitled: Congressional Research Service Reports and was provided to UNT Digital Library by the UNT Libraries Government Documents Department.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
CRS-7
authority of 42 U.S.C. 97, the Secretary of HHS may request the aid of Customs,
Coast Guard, and military officers in the execution of quarantines imposed by states
on vessels coming into ports.
Criminal sanctions are prescribed for violations of federal regulations issued
pursuant to section 361 of the PHS Act.40 Violation of a federal quarantine or
isolation order is a criminal misdemeanor, and individuals may be subject to a fine
of up to $250,000, one year in jail, or both. Organizational violations may be subject
to fines of up to $500,000 per event. Federal district courts may enjoin individuals
and organizations from violation of CDC quarantine regulations.41
Proposed CDC Regulations
Responding to the possible threat of an influenza pandemic, the CDC on
November 22, 2005, announced proposed changes to its quarantine regulations.42 If
adopted, these changes would constitute the first significant revision of the
regulations in Parts 70 and 71 in 25 years. The proposed changes are an outgrowth
of the CDC's experience during the spread of SARS in 2003, when the agency
experienced difficulties locating and contacting airline passengers who might have
been exposed to the SARS virus during their travels. In announcing the proposed
regulations, CDC Director Julie Gerberding said, "These updated regulations are
necessary to expedite and improve CDC operations by facilitating contact tracing and
prompting immediate medical follow up of potentially infected passengers and their
contacts."43
The proposed regulations would expand reporting requirements for ill
passengers44 on board flights and ships arriving from foreign countries. They would
also require airlines and ocean liners to maintain passenger and crew lists with
detailed contact information and to submit these lists electronically to CDC upon
request.45 The lists would be used to notify passengers of their suspected exposure
40 42 U.S.C. 271, 18 U.S.C. 3559 and 3571(c).
41 28 U.S.C. 1331.
42 The proposed regulations may be viewed at [http://www.cdc.gov/ncidod/dq/nprm/] and
are published at 70 Fed. Reg. 71892 (Nov. 30, 2005). These proposed regulations wereavailable for a 60-day comment period, and later extended for an additional 30 days, closing
on March 1, 2006. See 71 Fed. Reg. 4544 (January 27, 2006).
43 CDC Proposes Modernizing Control ofCommunicable Disease Regulation, USA, Medical
News Today, November 23, 2005, at
[http://www.medicalnewstoday.com/medicalnews.php?newsid=34042]. Since the SARS
outbreak, the CDC has increased its quarantine stations nationwide from 8 to 18.
44 The definition of ill person would be expanded to include anyone who has a fever of at
least 100.4 degrees plus one of the following: severe bleeding, jaundice, or severe, persistent
cough accompanied by bloody sputum, or respiratory distress. (Section 70.1 of proposed
regulations).
45 Id. The lists, in electronic format, would have to be kept for 60 days after arrival, and be
able to be submitted within 12 hours of a CDC request. The lists would include names,
(continued...)
Upcoming Pages
Here’s what’s next.
Search Inside
This report can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Report.
Swendiman, Kathleen S. & Elsea, Jennifer K. Federal and State Quarantine and Isolation Authority, report, August 16, 2006; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metacrs9403/m1/10/: accessed April 28, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.