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The Law Enforcement Role in Containment
Although as set forth above there are less-intrusive strategies for stopping the spread of disease, response to an influenza pandemic could require more restrictive measures such as isolation or quarantine and offer social distancing measures such as movement restrictions. Most States have broad quarantine authorities enacted pursuant to their police powers. The Federal Government also has statutory authority to order a quarantine to prevent the introduction, transmission, or spread of communicable diseases from foreign countries into the United States or from one State or possession into any other State or possession. “Influenza caused by novel or re-emergent influenza viruses that are causing, or have the potential to cause, a pandemic” is on the list of specified communicable diseases for which Federal quarantine is available.
State Quarantine If necessary, State and local law enforcement agencies, with assistance from their State’s National Guard as needed, will normally enforce quarantines or other containment measures ordered by State or local authorities. Customs and Coast Guard officers may assist in enforcing State quarantines at the direction of the Secretary of Health and Human Services. At the request of State and local authorities, if author ized under the Emergency Law Enforcement Assistance Act, and with appropriate deputations under Federal, State, and local law, Federal law enforcement officers can assist in State and local quarantine enforcement. If directed by the President pursuant to the Insurrection Act, the military may suppress domestic unrest associated with resistance to a State quarantine.
Federal Quarantine and Other Movement Restrictions
Borders: The President has the authority to bar entry into the United States of aliens who have pandemic influenza if he determines that entry is detrimental to the interests of the United States. The Secretary of Health and Human Services may prohibit the entry of persons or property from foreign countries where the entry of such persons or property would present a serious danger of the introduc tion of a communicable disease. The Department of Homeland Security (DHS) has broad general authority pursuant to the customs and immigration laws to examine merchandise, cargo, conveyances, and persons upon their entry to the United States to ensure that imports comply with U.S. law, and to seize and forfeit vessels, animals, or other things used in the unlawful importation or transportation of articles contrary to U.S. law. Customs and Coast Guard officers are required to aid in the enforcement of Federal quarantine rules and regulations. Furthermore, Customs and Coast Guard officers and “military officers commanding in any fort or station upon the seacoast” are required to aid in the enforcement of State quarantines.
Air and other Transportation modes: The Federal Aviation Administration (FAA) can order United States flag air carriers not to enter designated airspace of a foreign country (e.g., to keep airspace clear for rescue operations). If FAA determines that an emergency exists related to safety in air commerce that requires immediate action, FAA may prescribe regulations and issue orders immediately to meet that emergency. Likewise, the Transportation Security Administration (TSA) Assistant Secretary may issue regulations or security directives immediately to protect transportation security in all modes of transport.
Rail: Any movement in the United States by rail carrier (including commuter rail but excluding urban rapid transit not connected to the general system of rail transportation) may be stopped, redirected, or limited by the authority of the Surface Transportation Board (STB) or the Federal Railroad Administration (FRA), or both, irrespective of the commodity involved. FRA may issue an emergency order imposing any restrictions or prohibitions necessary to abate what FRA determines is an emergency situation involving a hazard of death or personal injury caused by unsafe conditions or practices.
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Department of Defense: DOD is responsible, at the direction of the President, for supplementing law enforcement resources with military personnel performing law enforcement functions. Such assistance ordinarily would be rendered only if civilian law enforcement agencies were overwhelmed and only if such assistance could be rendered without adversely affecting DOD’s ability to perform its primary mission of defending the United States. The assistance may be provided if the President invokes the Insurrection Act at the request of a State or on his own, suppressing domestic violence or enforcing Federal law. DOD is a support agency to ESF #13 and may also provide public safety and security assis tance of a logistical or support nature under the concept of Defense Support of Civil Authorities, when approved and directed by the Secretary of Defense.
www.whitehouse.gov/homeland/nspi_implementation_chap08.pdf
A lot more at the link.
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