STREAMLINING AND CLARIFYING COMMUNICABLE DISEASE QUARANTINE PROVISIONS.

SEC. 142. STREAMLINING AND CLARIFYING COMMUNICABLE DISEASE QUARANTINE PROVISIONS. (a) Elimination of Prerequisite for National Advisory Health Council Recommendation Before Issuing Quarantine Rules.— (1) Executive orders specifying diseases subject to individual detentions.—Section 361(b) of the Public Health Act (42 U.S.C. 264(b)) is amended by striking “Executive orders of the President upon the recommendation of the National Advisory Health Council and the Surgeon General” and inserting “Executive orders of the President upon the recommendation of the Secretary, in consultation with the Surgeon General,”. (2) Regulations providing for apprehension of individuals.—Section 361(d) of the Public Health Act (42 U.S.C. 264(d)) is amended by striking “On recommendation of the National Advisory Health Council, regulations” and inserting “Regulations”. (3) Regulations providing for apprehension of individuals in wartime.—Section 363 of the Public Health Act (42 U.S.C. 266) is amended by striking “the Surgeon General, on recommendation of the National Advisory Health Council,” and 116 STAT. 627 inserting “the Secretary, in consultation with the Surgeon General,”. (b) Apprehension Authority To Apply in Cases of Exposure to Disease.— (1) Regulations providing for apprehension of individuals.—Section 361(d) of the Public Health Act (42 U.S.C. 264(d)), as amended by subsection (a)(2), is further amended— (A) by striking “(1)” and “(2)” and inserting “(A)” and “(B)”, respectively; (B) by striking “(d)” and inserting “(d)(1)”; (C) in paragraph (1) (as designated by subparagraph (B) of this paragraph), in the first sentence, by striking “in a communicable stage” each place such term appears and inserting “in a qualifying stage”; and (D) by adding at the end the following paragraph: “(2) For purposes of this subsection, the term ‘qualifying stage’, with respect to a communicable disease, means that such disease— “(A) is in a communicable stage; or “(B) is in a precommunicable stage, if the disease would be likely to cause a public health emergency if transmitted to other individuals.”. (2) Regulations providing for apprehension of individuals in wartime.—Section 363 of the Public Health Act (42 U.S.C. 266), as amended by subsection (a)(3), is further amended by striking “in a communicable stage”. (c) State Authority.—Section 361 of the Public Health Act (42 U.S.C. 264) is amended by adding at the end the following: “(e) Nothing in this section or section 363, or the regulations promulgated under such sections, may be construed as superseding any provision under State law (including regulations and including provisions established by political subdivisions of States), except to the extent that such a provision conflicts with an exercise of Federal authority under this section or section 363.”.