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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]

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                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
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                    CHAPTER 6A--PUBLIC HEALTH SERVICE
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                SUBCHAPTER II--GENERAL POWERS AND DUTIES
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                    Part G--Quarantine and Inspection
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Sec. 264. Regulations to control communicable diseases


(a) Promulgation and enforcement by Surgeon General

    The Surgeon General, with the approval of the Secretary, is=20
authorized to make and enforce such regulations as in his judgment are=20
necessary to prevent the introduction, transmission, or spread of=20
communicable diseases from foreign countries into the States or=20
possessions, or from one State or possession into any other State or=20
possession. For purposes of carrying out and enforcing such regulations, =

the Surgeon General may provide for such inspection, fumigation,=20
disinfection, sanitation, pest extermination, destruction of animals or=20
articles found to be so infected or contaminated as to be sources of=20
dangerous infection to human beings, and other measures, as in his=20
judgment may be necessary.

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

    Regulations prescribed under this section shall not provide for the=20
apprehension, detention, or conditional release of individuals except=20
for the purpose of preventing the introduction, transmission, or spread=20
of such communicable diseases as may be specified from time to time in=20
Executive orders of the President upon the recommendation of the=20
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=20
        countries

    Except as provided in subsection (d) of this section, regulations=20
prescribed under this section, insofar as they provide for the=20
apprehension, detention, examination, or conditional release of=20
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=20
        infected

    (1) Regulations prescribed under this section may provide for the=20
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=20
probable source of infection to individuals who, while infected with=20
such disease in a qualifying stage, will be moving from a State to=20
another State. Such regulations may provide that if upon examination any =

such individual is found to be infected, he may be detained for such=20
time and in such manner as may be reasonably necessary. For purposes of=20
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'',=20
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=20
    likely to cause a public health emergency if transmitted to other=20
    individuals.

(e) Preemption

    Nothing in this section or section 266 of this title, or the=20
regulations promulgated under such sections, may be construed as=20
superseding any provision under State law (including regulations and=20
including provisions established by political subdivisions of States),=20
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.=20
Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631;=20
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=20
directed certain amendments to section 361 of the Public Health Act, was =

executed by making the amendments to this section, which is section 361=20
of the Public Health Service Act, to reflect the probable intent of=20
Congress. See below.
    Subsec. (b). Pub. L. 107-188, Sec. 142(a)(1), substituted=20
``Executive orders of the President upon the recommendation of the=20
Secretary, in consultation with the Surgeon General,'' for ``Executive=20
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=20
Advisory Health Council, regulations'', ``in a qualifying stage'' for=20
``in a communicable stage'' in two places, designated existing text as=20
par. (1) and substituted ``(A)'' and ``(B)'' for ``(1)'' and ``(2)'',=20
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=20
``State'' to include, in addition to the several States, only the=20
District of Columbia.
    1960--Subsec. (c). Pub. L. 86-624 struck out reference to Territory=20
of Hawaii.


                    Effective Date of 1960 Amendment

    Amendment by Pub. L. 86-624 effective Aug. 21, 1959, see section=20
47(f) of Pub. L. 86-624, set out as a note under section 201 of this=20
title.

                          Transfer of Functions

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

of Health, Education, and Welfare and all agencies of Federal Security=20
Agency transferred to Department of Health, Education, and Welfare by=20
section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section=20
3501 of this title. Federal Security Agency and office of Administrator=20
abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and=20
Department of Health, Education, and Welfare redesignated Secretary and=20
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=20
certain communicable diseases for regulations providing for the=20
apprehension, detention, or conditional release of individuals to=20
prevent the introduction, transmission, or spread of such diseases, was=20
revoked by Ex. Ord. No. 13295, Sec. 5, Apr. 4, 2003, 68 F.R. 17255, set=20
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=20
the laws of the United States of America, including section 361(b) of=20
the Public Health Service Act (42 U.S.C. 264(b)), it is hereby ordered=20
as follows:
    Section 1. Based upon the recommendation of the Secretary of Health=20
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=20
conditional release of individuals to prevent the introduction,=20
transmission, or spread of suspected communicable diseases, the=20
following communicable diseases are hereby specified pursuant to section =

361(b) of the Public Health Service Act:
    (a) Cholera; Diphtheria; infectious Tuberculosis; Plague; Smallpox;=20
Yellow Fever; and Viral Hemorrhagic Fevers (Lassa, Marburg, Ebola,=20
Crimean-Congo, South American, and others not yet isolated or named).
    (b) Severe Acute Respiratory Syndrome (SARS), which is a disease=20
associated with fever and signs and symptoms of pneumonia or other=20
respiratory illness, is transmitted from person to person predominantly=20
by the aerosolized or droplet route, and, if spread in the population,=20
would have severe public health consequences.
    Sec. 2. The Secretary, in the Secretary's discretion, shall=20
determine whether a particular condition constitutes a communicable=20
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=20
right or benefit enforceable at law or equity by any party against the=20
United States, its departments, agencies, entities, officers, employees=20
or agents, or any other person.
    Sec. 5. Executive Order 12452 of December 22, 1983, is hereby=20
revoked.
                                                         George W. Bush.