0519 42 USC 264 PHS Act

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[Laws in effect as of January 3, 2005]
[Document not affected by Public Laws enacted between
January 3, 2005 and January 18, 2007]
[CITE: 42USC264]

TITLE 42--THE PUBLIC HEALTH AND WELFARE

CHAPTER 6A--PUBLIC HEALTH SERVICE

SUBCHAPTER II--GENERAL POWERS AND DUTIES

Part G--Quarantine and Inspection

Sec. 264. Regulations to control communicable diseases

(a) Promulgation and enforcement by Surgeon General

The Surgeon General, with the approval of the Secretary, is
authorized to make and enforce such regulations as in his judgment are
necessary to prevent the introduction, transmission, or spread of
communicable diseases from foreign countries into the States or
possessions, or from one State or possession into any other State or
possession. For purposes of carrying out and enforcing such regulations,
the Surgeon General may provide for such inspection, fumigation,
disinfection, sanitation, pest extermination, destruction of animals or
articles found to be so infected or contaminated as to be sources of
dangerous infection to human beings, and other measures, as in his
judgment may be necessary.

(b) Apprehension, detention, or conditional release of individuals

Regulations prescribed under this section shall not provide for the
apprehension, detention, or conditional release of individuals except
for the purpose of preventing the introduction, transmission, or spread
of such communicable diseases as may be specified from time to time in
Executive orders of the President upon the recommendation of the
Secretary, in consultation with the Surgeon General,\1\.
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\1\ So in original. Comma probably should not appear.
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(c) Application of regulations to persons entering from foreign
countries

Except as provided in subsection (d) of this section, regulations
prescribed under this section, insofar as they provide for the
apprehension, detention, examination, or conditional release of
individuals, shall be applicable only to individuals coming into a State
or possession from a foreign country or a possession.

(d) Apprehension and examination of persons reasonably believed to be
infected

(1) Regulations prescribed under this section may provide for the
apprehension and examination of any individual reasonably believed to be
infected with a communicable disease in a qualifying stage and (A) to be
moving or about to move from a State to another State; or (B) to be a
probable source of infection to individuals who, while infected with
such disease in a qualifying stage, will be moving from a State to
another State. Such regulations may provide that if upon examination any
such individual is found to be infected, he may be detained for such
time and in such manner as may be reasonably necessary. For purposes of
this subsection, the term ``State'' includes, in addition to the several
States, only the District of Columbia.
(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.

(e) Preemption

Nothing in this section or section 266 of this title, 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 266 of this title.

(July 1, 1944, ch. 373, title III, Sec. 361, 58 Stat. 703; 1953 Reorg.
Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631;
Pub. L. 86-624, Sec. 29(c), July 12, 1960, 74 Stat. 419; Pub. L. 94-317,
title III, Sec. 301(b)(1), June 23, 1976, 90 Stat. 707; Pub. L. 107-188,
title I, Sec. 142(a)(1), (2), (b)(1), (c), June 12, 2002, 116 Stat. 626,
627.)

Amendments

2002--Pub. L. 107-188, Sec. 142(a)(1), (2), (b)(1), and (c), which
directed certain amendments to section 361 of the Public Health Act, was
executed by making the amendments to this section, which is section 361
of the Public Health Service Act, to reflect the probable intent of
Congress. See below.
Subsec. (b). Pub. L. 107-188, Sec. 142(a)(1), substituted
``Executive orders of the President upon the recommendation of the
Secretary, in consultation with the Surgeon General,'' for ``Executive
orders of the President upon the recommendation of the National Advisory
Health Council and the Surgeon General''.
Subsec. (d). Pub. L. 107-188, Sec. 142(a)(2), (b)(1), substituted in
first sentence ``Regulations'' for ``On recommendation of the National
Advisory Health Council, regulations'', ``in a qualifying stage'' for
``in a communicable stage'' in two places, designated existing text as
par. (1) and substituted ``(A)'' and ``(B)'' for ``(1)'' and ``(2)'',
respectively, and added par. (2).
Subsec. (e). Pub. L. 107-188, Sec. 142(c), added subsec. (e).
1976--Subsec. (d). Pub. L. 94-317 inserted provision defining
``State'' to include, in addition to the several States, only the
District of Columbia.
1960--Subsec. (c). Pub. L. 86-624 struck out reference to Territory
of Hawaii.

Effective Date of 1960 Amendment

Amendment by Pub. L. 86-624 effective Aug. 21, 1959, see section
47(f) of Pub. L. 86-624, set out as a note under section 201 of this
title.

Transfer of Functions

Office of Surgeon General abolished by section 3 of Reorg. Plan No.
3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and
functions thereof transferred to Secretary of Health, Education, and
Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a note
under section 202 of this title. Secretary of Health, Education, and
Welfare redesignated Secretary of Health and Human Services by section
509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title
20, Education.
Functions of Federal Security Administrator transferred to Secretary
of Health, Education, and Welfare and all agencies of Federal Security
Agency transferred to Department of Health, Education, and Welfare by
section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section
3501 of this title. Federal Security Agency and office of Administrator
abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and
Department of Health, Education, and Welfare redesignated Secretary and
Department of Health and Human Services by section 509(b) of Pub. L. 96-
88 which is classified to section 3508(b) of Title 20.

Executive Order No. 12452

Ex. Ord. No. 12452, Dec. 22, 1983, 48 F.R. 56927, which specified
certain communicable diseases for regulations providing for the
apprehension, detention, or conditional release of individuals to
prevent the introduction, transmission, or spread of such diseases, was
revoked by Ex. Ord. No. 13295, Sec. 5, Apr. 4, 2003, 68 F.R. 17255, set
out below.

Ex. Ord. No. 13295. Revised List of Quarantinable Communicable Diseases

Ex. Ord. No. 13295, Apr. 4, 2003, 68 F.R. 17255, provided:
By the authority vested in me as President by the Constitution and
the laws of the United States of America, including section 361(b) of
the Public Health Service Act (42 U.S.C. 264(b)), it is hereby ordered
as follows:
Section 1. Based upon the recommendation of the Secretary of Health
and Human Services (the ``Secretary''), in consultation with the Surgeon
General, and for the purpose of specifying certain communicable diseases
for regulations providing for the apprehension, detention, or
conditional release of individuals to prevent the introduction,
transmission, or spread of suspected communicable diseases, the
following communicable diseases are hereby specified pursuant to section
361(b) of the Public Health Service Act:
(a) Cholera; Diphtheria; infectious Tuberculosis; Plague; Smallpox;
Yellow Fever; and Viral Hemorrhagic Fevers (Lassa, Marburg, Ebola,
Crimean-Congo, South American, and others not yet isolated or named).
(b) Severe Acute Respiratory Syndrome (SARS), which is a disease
associated with fever and signs and symptoms of pneumonia or other
respiratory illness, is transmitted from person to person predominantly
by the aerosolized or droplet route, and, if spread in the population,
would have severe public health consequences.
Sec. 2. The Secretary, in the Secretary's discretion, shall
determine whether a particular condition constitutes a communicable
disease of the type specified in section 1 of this order.
Sec. 3. The functions of the President under sections 362 and 364(a)
of the Public Health Service Act (42 U.S.C. 265 and 267(a)) are assigned
to the Secretary.
Sec. 4. This order is not intended to, and does not, create any
right or benefit enforceable at law or equity by any party against the
United States, its departments, agencies, entities, officers, employees
or agents, or any other person.
Sec. 5. Executive Order 12452 of December 22, 1983, is hereby
revoked.
George W. Bush.