d(newsmax)gibbons
Section 311 of the Public Health Service Act: General Grant of Authority for Cooperation 42 U. S. C. § 243 This provision of the Public Health Service Act states that the Secretary of HHS shall assist states and local authorities in the prevention and suppression of communicable diseases and to help state and local authorities enforce quarantine regulations. This section also authorizes the Secretary to accept state and local authorities’ assistance with enforcement of federal quarantine regulations. Further, this section authorizes the Secretary to develop a public health emergency management plan and, at the request of a state or local authority, extend temporary assistance regarding public health emergencies.
Section 361 of the Public Health Service Act: Regulations to Control Communicable Diseases 42 U. S. C. § 264 This section of the Public Health Service Act authorizes the Secretary of HHS to make and enforce regulations “to prevent the introduction, transmission, or spread of communicable diseases” into the states and possessions of the United States from foreign countries or possessions or from one state into another. This section also authorizes the apprehension, detention, examination, and conditional release of individuals with certain communicable diseases that are specified in an executive order of the President (see Executive Order 13296 (April 4, 2003), as amended by Executive Order 13375 (April 1, 2005) and Executive Order 1367 4 [ July 31, 2014]). The process prescribed for isolating or quarantining such individuals is provided for in 42 C . F. R. Parts 70 and 71 (see below).
S ection 362 of the Public Health Service Act: Suspension of Entries and Imports from Designated Places to Prevent Spread of Communicable Diseases 42 U. S. C. § 265 This section of the Public Health Service Act authorizes the Secretary of HHS , if he or she determines that a communicable disease exists in a foreign country and that introduction of persons from this foreign country poses a serious danger of introducing the disease into the United States, to suspend in the interests of public health the “introduction of persons” from those foreign countries or places for the time necessary to avert the danger, in accordance with approved regulations. This provision may also be applied to the introduction of property (see below).
Interstate Quarantine 42 C.F.R. Part 70 These federal regulations allow the CDC Director to take measures to prevent the spread of communicable diseases from one state or possession into another, including in the event that the Director determines that the measures taken by the health authorities of a state (including political subdivisions) or possession are insufficient to prevent such communicable disease spread. These regulations also authorize the detention, isolation, quarantine, or conditional release of persons for purposes of preventing the interstate spread of communicable diseases listed in an executive order of the President. See Executive Order 13296, as amended by Executive Order 13375 and Executive Order 13674.
Penalties for Violation of Quarantine Law 42 U.S.C. § 271 This statutory provision states that violation of federal quarantine regulations is a crime punishable by a fine of not more $1,000 or by imprisonment for not more than one year, or both. Implementing regulations are found at 42 C.F.R. Part 71.2. These penalties are strengthened under the sentencing classification provisions of 18 U.S.C. §§ 3559 and 3571, which provide for more strict penalties for criminal violations that would otherwise be classified as Class A misdemeanors. Under these strengthened penalties, individuals may be punished by a fine of up to $100,000 per violation not resulting in the death of an individual, or up to $250,000 per violation resulting in the death of an individual [18 U.S.C. 3559, 3571(b)]. Organizations may be fined up to $200, 000 per violation not resulting in the death of an individual and $500,000 per violation resulting in the death of an individual [18 U.S.C. 3559, 3571(c)].
Under 42 Code of Federal Regulations parts 70 and 71, CDC is authorized to detain, medically examine, and release persons arriving into the United States and traveling between states who are suspected of carrying these communicable diseases.
Under section 319:
Under this section the HHS secretary can enforce "isolation and quarantine".
Particularly this section:
(d) Apprehension and examination of persons reasonably believed to be infected
(1) Regulations prescribed under this section may provide for the apprehension and examination of any individual reasonably believed to be infected with a communicable disease in a qualifying stage and (A) to be moving or about to move from a State to another State; or (B) to be a probable source of infection to individuals who, while infected with such disease in a qualifying stage, will be moving from a State to another State. Such regulations may provide that if upon examination any such individual is found to be infected, he may be detained for such time and in such manner as may be reasonably necessary. For purposes of this subsection, the term “State” includes, in addition to the several States, only the District of Columbia.
The federal government derives its authority for isolation and quarantine from the Commerce Clause of the U.S. Constitution.
Under section 361 of the Public Health Service Act (42 U.S. Code § 264), the U.S. Secretary of Health and Human Services is authorized to take measures to prevent the entry and spread of communicable diseases from foreign countries into the United States and between states.
That's all that needs to be said about that. Other countries who would be deemed "open societes" comparable to the uSA have put their tools to use. We have not nearly enough to control a highly contagious respiratory disease.
I'll assume you will now begin to move those goalposts again! Taihtsat