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HHS/CDC is amending its Foreign Quarantine regulations to provide a procedure for CDC to suspend the introduction of persons from designated countries or places, if required, in the interest of public health.

Statement of Need:

This rulemaking finalizes procedures necessary for HHS/CDC’s continued protection of U.S. public health from the COVID-19 pandemic and future infectious disease threats.

Summary of the Legal Basis:

The primary legal authority supporting this rulemaking is section 362 of the PHS Act, which is codified at 42 U.S.C. 265.  Congress enacted section 362 in 1944 and modeled it on Section 7 of the Quarantine Act of 1893, which was informed by U.S. public health laws from the early days of the Republic.

Alternatives:

HHS/CDC considered two alternatives to the final rule.  HHS/CDC considered rescinding the IFR and the CDC Order on covered aliens issued pursuant to the IFR and foregoing the issuance of the final rule.  HHS/CDC did not choose this alternative because there is still a serious danger of introduction of COVID-19 into the United States from Canada and Mexico, and the public health situation in Mexico remains tenuous.  Quarantine, isolation, and conditional release are still not workable options on the scale that would be needed for protecting U.S. public health from further introduction of COVID-19;  Federal quarantine and isolation of covered aliens would be impracticable, and covered aliens as a population are not a good fit for public health measures such as conditional release and recommendations to self-quarantine or self-isolate.  The rescission of the IFR would result in tens of thousands of covered aliens entering congregate settings each month, which would put the health of the DHS workforce and the domestic U.S. population at greater risk, likely increase community transmission of COVID-19 and new COVID-19 cases in the States in the U.S.-Mexico border region, and strain the capacity of U.S. healthcare systems.  There are good reasons to issue this final rule, especially when the efforts of the domestic population to avoid congregate settings are considered.  The rescission of the IFR and CDC Order would undercut those efforts, which the domestic population has undertaken at great personal sacrifice.

     HHS/CDC also considered and declined to include procedures in this final rule that apply to U.S. citizens, U.S. nationals, and Lawful Permanent Residents (LPRs).  Such procedures present complex and important legal and policy issues, and the Director has no present intention of prohibiting the introduction of U.S. citizens, U.S. nationals or LPRs into the United States as part of the response to the COVID-19 pandemic.

Anticipated Costs and Benefits:

The Office of Management and Budget (OMB), Office of Information and Regulatory Affairs (OIRA) has determined that this final rule is not a major rule for purposes of EO 12866 and the Congressional Review Act (CRA).  The actual experience of HHS/CDC with the IFR and the CDC Order on covered aliens has informed this analysis.  The Interim Final Rule, like the final rule, establishes procedures by which the CDC Director can issue an administrative order implementing section 362 of the Public Health Service Act.  Neither the IFR nor this final rule have any economic effect absent an administrative order.  This final rule is not economically significant for the purposes of Executive Order 12866.

Risks:

Not applicable.