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From the U.S. House of Representatives Downloadable U.S. Code
[uscode.house.gov]
[Laws in effect as of January 5, 1999]

[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
 
-HEAD-
    Sec. 264. Regulations to control communicable diseases
 
-STATUTE-
    (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 National Advisory Health Council and
    the Surgeon General.
    (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
      On recommendation of the National Advisory Health Council,
    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 communicable stage
    and (1) to be moving or about to move from a State to another
    State; or (2) to be a probable source of infection to individuals
    who, while infected with such disease in a communicable 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.
 
-SOURCE-
    (July 1, 1944, ch. 373, title III, Sec. 361, 58 Stat. 703; 1953
    Reorg. Plan No. 1, Sec. 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.)
 
-MISC1-
                                 AMENDMENTS
      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.
 
-TRANS-
                           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.
 
-EXEC-
       EX. ORD. NO. 12452. REVISED LIST OF QUARANTINABLE COMMUNICABLE
                                  DISEASES
      Ex. Ord. No. 12452, Dec. 22, 1983, 48 F.R. 56927, provided:
      By the authority vested in me as President by the Constitution
    and laws of the United States of America, including Section 264(b)
    of Title 42 of the United States Code, it is hereby ordered as
    follows:
      Section 1. Based upon the recommendation of the National Advisory
    Health Council and the Assistant Secretary for Health of the
    Department of Health and Human Services, and for the purposes 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
    communicable diseases, the following named communicable diseases
    are hereby specified pursuant to Section 264(b) of Title 42 of the
    United States Code: Cholera or suspected Cholera, Diphtheria,
    infectious Tuberculosis, Plague, suspected Smallpox, Yellow Fever,
    and suspected Viral Hemorrhagic Fevers (Lassa, Marburg, Ebola,
    Congo-Crimean, and others not yet isolated or named).
      Sec. 2. Executive Order No. 9708 of March 26, 1946, Executive
    Order No. 10532 of May 28, 1954, and Executive Order No. 11070 of
    December 12, 1962, are hereby revoked.                Ronald Reagan.
 
-CROSS-
                              CROSS REFERENCES
      Compliance with State laws, see section 97 of this title.
      Removal of revenue officers, during epidemics, see section 112 of
    this title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 201, 266, 271 of this
    title; title 21 section 381; title 49 section 24301.
 


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