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This rule clarifies data collection requirements for airline passengers and crew, codifies current practice, clarifies HHS/CDC's authority to implement non-invasive public health screenings at U.S. ports of entry and other U.S. locations; and adds appeal provisions for persons served with a Federal public health order (e.g., quarantine) with due process, including clarification of reasons, processes, and reassessments.

Statement of Need:

The need for this proposed rulemaking was reinforced during HHS/CDC’s response to the largest outbreak of Ebola virus disease (Ebola) on record, followed by the recent outbreak of Middle East Respiratory Syndrome (MERS) in South Korea, both quarantinable communicable diseases, and repeated outbreaks and responses to measles, a non-quarantinable communicable disease of public health concern, in the United States. The provisions contained within this proposal will enhance HHS/CDC’s ability to prevent the further importation and spread of communicable diseases into the United States and interstate by clarifying and providing greater transparency regarding its response capabilities and practices. 

Summary of the Legal Basis:

The primary legal authority supporting this rulemaking is sections 361 and 362 of the Public Health Service Act (42 U.S.C. 264, 265).

Alternatives:

None.  The main impact of the proposals within this rule is to strengthen our regulations by codifying statutory language to describe HHS/CDC’s authority to prevent the introduction, transmission, and spread of communicable diseases. The intent of these proposed updates is to best protect U.S. public health and to inform the regulated community of these updates.

Anticipated Costs and Benefits:

The analysis of estimated costs and benefits of this rule has 4 components: 1) costs and benefits for submitting passenger and crew information to CDC; 2) costs and benefits associated with improved transparency of how HHS/CDC uses its regulatory authorities to protect public health; 3) transfer payments by HHS/CDC for treatment and care; and 4) the impact of the proposed provision suspending the entry of animals, articles, or things from designated foreign countries and places into the United States.  

Risks:

If this regulation is not published, HHS/CDC’s ability to prevent the further importation and spread of communicable diseases into the United States and interstate will be limited; current regulatory language will not be clarified; and there will be less transparency to the public regarding HHS/CDC’s response capabilities and practices.