Airport Public Health Preparedness and Response: Legal Rights, Powers, and Duties (2018) / Chapter Skim
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Pages 21-26
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21 procedures and adhere to defined protocols, handling all ill and potentially ill passengers using the same criteria and procedures. Moreover, government employees need to demonstrate that they are implementing screening based on facts rather than acting arbitrarily.
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22 level, various agencies have regulatory powers that enable them to respond in an emergency. Under federal law, an emergency is defined under the Stafford Act as "any occasion or instance for which, in the determination of the President, Federal assistance is needed to supplement State and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the United States."219 Laws of various state, tribal, and local governments often contain similar provisions that empower state and local agencies to respond to events that threaten the lives, health, and property of their residents.
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23 Secretary decides whether to make the declaration after consulting the relevant public health officials. In addition, the Secretary must notify Congress of the determination within 48 hours and keep related federal agencies, such as DHS, Federal Bureau of Investigation, and Department of Justice informed.
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24 Pandemic and All-Hazards Preparedness Reauthorization Act The Pandemic and All-Hazards Preparedness Reauthorization Act (PAHPRA) 241 was passed by Congress in 2013 to advance the nation's health security.
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25 States often extend the power to declare emergencies to heads of state health departments and related agencies, as well as to directors of emergency management, homeland security, and agriculture. For example, in 2016, the Governor of Florida directed the State Health Officer and Surgeon General to declare a PHE for certain counties due to the outbreak of Zika virus.247 The declaration facilitated coordination among airport authorities, city and county commissions, emergency management agencies, medical boards, and the tourist development council.248 Depending on the administrative structure of a state, local authorities may also have the legal capacity to declare emergencies and implement appropriate responses.
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26 Table 1. Summary of Legally Significant Declarations and Determinations261 If there is a valid… Then… Presidential Declaration of Emergency Access to federal technical, financial, logistical, and other Under the Stafford Act assistance to state and local governments is triggered.
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