0302 Section 264

Section 264
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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