From the U.S. Code Online via GPO Access
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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.