Authorizing Legislation 42USC264

Page 393

TITLE 42—THE PUBLIC HEALTH AND WELFARE

cation program authorized by this section to determine
if the program has resulted in improvement of quality
and accessibility of mammography services, and if the
program has reduced the frequency of poor quality
mammography and improved early detection of breast
cancer, with Comptroller General, not later than 3
years from Oct. 27, 1992, submit to Congress an interim
report of results of study and, not later than 5 years
from such date to submit a final report.

PART G—QUARANTINE AND INSPECTION
§ 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.
(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 reason1 So

in original. Comma probably should not appear.

§ 264

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

§ 265

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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.
EVALUATION OF PUBLIC HEALTH AUTHORITIES
Pub. L. 110–392, title I, § 121, Oct. 13, 2008, 122 Stat.
4200, provided that:
‘‘(a) IN GENERAL.—Not later than 180 days after the
date of enactment of the Comprehensive Tuberculosis
Elimination Act of 2008 [Oct. 13, 2008], the Secretary of
Health and Human Services shall prepare and submit to
the appropriate committees of Congress a report that
evaluates and provides recommendations on changes
needed to Federal and State public health authorities
to address current disease containment challenges such
as isolation and quarantine.
‘‘(b) CONTENTS OF EVALUATION.—The report described
in subsection (a) shall include—
‘‘(1) an evaluation of the effectiveness of current
policies to detain patients with active tuberculosis;
‘‘(2) an evaluation of whether Federal laws should
be strengthened to expressly address the movement
of individuals with active tuberculosis; and
‘‘(3) specific legislative recommendations for
changes to Federal laws, if any.
‘‘(c) UPDATE OF QUARANTINE REGULATIONS.—Not later
than 240 days after the date of enactment of this Act
[Oct. 13, 2008], the Secretary of Health and Human
Services shall promulgate regulations to update the
current interstate and foreign quarantine regulations
found in parts 70 and 71 of title 42, Code of Federal Regulations.’’
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, § 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, as
amended by Ex. Ord. No. 13375, § 1, Apr. 1, 2005, 70 F.R.
17299, 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.
(c) Influenza caused by novel or reemergent influenza
viruses that are causing, or have the potential to cause,
a pandemic.

Page 394

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.

§ 265. Suspension of entries and imports from
designated places to prevent spread of communicable diseases
Whenever the Surgeon General determines
that by reason of the existence of any communicable disease in a foreign country there is serious danger of the introduction of such disease
into the United States, and that this danger is
so increased by the introduction of persons or
property from such country that a suspension of
the right to introduce such persons and property
is required in the interest of the public health,
the Surgeon General, in accordance with regulations approved by the President, shall have the
power to prohibit, in whole or in part, the introduction of persons and property from such countries or places as he shall designate in order to
avert such danger, and for such period of time as
he may deem necessary for such purpose.
(July 1, 1944, ch. 373, title III, § 362, 58 Stat. 704.)
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.
DELEGATION OF FUNCTIONS
For assignment of functions of President under this
section, see section 3 of Ex. Ord. No. 13295, Apr. 4, 2003,
68 F.R. 17255, set out as a note under section 264 of this
title.

§ 266. Special quarantine powers in time of war
To protect the military and naval forces and
war workers of the United States, in time of
war, against any communicable disease specified
in Executive orders as provided in subsection (b)
of section 264 of this title, the Secretary, in consultation with the Surgeon General, is authorized to provide by regulations for the apprehension and examination, in time of war, of any individual reasonably believed (1) to be infected
with such disease and (2) to be a probable source
of infection to members of the armed forces of
the United States or to individuals engaged in
the production or transportation of arms, munitions, ships, food, clothing, or other supplies for
the armed forces. Such regulations may provide
that if upon examination any such individual is
found to be so infected, he may be detained for
such time and in such manner as may be reasonably necessary.