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42 U.S.C. § 265 — Suspension of entries and imports from designated places to prevent spread of communicable diseases
Federal law — U.S. Code and appendices · legal_authorities
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.
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Source file: Laws/federal/codes/united-states-code/title-42/section-265-suspension-of-entries-and-imports-from-designated-places-to-prevent-spre--05c14bf901.md
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Source location: Title 42, Chapter 6A, § 265; chapter-6a-public-health-service.md
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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.
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Federal law — U.S. Code and appendices · legal_authorities
When used in this chapter—
**(a)** The term “Service” means the Public Health Service;
**(b)** The term “Surgeon General” means the Surgeon General of the Public Health Service;
**(c)** Unless the context otherwise requires, the term “Secretary” means the Secretary of Health and Human Services.
**(d)** The term “regulations”, except when otherwise specified, means rules and regulations made by the Surgeon General with the approval of the Secretary;
**(e)** The term “executive department” means any executive department, agency, or independent establishment of the United States or any corporation wholly owned by the United States;
**(f)** Except as provided in sections 246(g)(4)(B),11 See References in Text note below. 247c(c)(1),1 254d(h)(3),1 263c(5),1 264(d), 292a(9),1 300a(c), 300f(13), and 300n(1) 1 of this title, the term “State” includes, in addition to the several States, only the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau.
**(g)** The term “possession” includes, among other possessions, Puerto Rico and the Virgin Islands;
**(h)** Repealed. Pub. L. 97–35, title IX, § 986(a), Aug. 13, 1981, 95 Stat. 603.
**(i)** The term “vessel” includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water, exclusive of aircraft and amphibious contrivances;
**(j)** The term “habit-forming narcotic drug” or “narcotic” means opium and coca leaves and the several alkaloids derived therefrom, the best known of these alkaloids being morphia, heroin, and codeine, obtained from opium, and cocaine derived from the coca
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Federal law — U.S. Code and appendices · legal_authorities
**(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,11 So in original. The comma probably should not appear..
**(c) Application of regulations to persons entering from foreign countries** Except as provided in subsection (d), 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
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 110, acts June 5, 1920, ch. 235, 41 Stat. 875; June 16, 1921, ch. 23, 42 Stat. 38, provided for a schedule of charges for vessels at New York quarantine station. See [section 269 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section269&num=0&edition=prelim).
Section 111, act Feb. 15, 1893, ch. 114, § 7, 27 Stat. 452, provided for suspension of immigration. See [section 265 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section265&num=0&edition=prelim).
#### Renumbering and Repeal of Repealing Act
Title XIII, § 1313, formerly title VI, § 611, of act July 1, 1944, which repealed these sections, was renumbered title VII, § 711, by act Aug. 13, 1946, ch. 958, § 5, 60 Stat. 1049; § 713, by act Feb. 28, 1948, ch. 83, § 9(b), 62 Stat. 47; title VIII, § 813, by act July 30, 1956, ch. 779, § 3(b), 70 Stat. 721; title IX, § 913, by Pub. L. 88–581, § 4(b), Sept. 4, 1964, 78 Stat. 919; title X, § 1013, by Pub. L. 89–239, § 3(b), Oct. 6, 1965, 79 Stat. 931; title XI, § 1113, by Pub. L. 91–572, § 6(b), Dec. 24, 1970, 84 Stat. 1506; title XII, § 1213, by Pub. L. 92–294, § 3(b), May 16, 1972, 86 Stat. 137; title XIII, § 1313, by Pub. L. 93–154, § 2(b)(2), Nov. 16, 1973, 87 Stat. 604, and was repealed by Pub. L. 93–222, § 7(b), Dec. 29, 1973, 87 Stat. 936.
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Federal law — U.S. Code and appendices · legal_authorities
Page 500
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 265
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 Agen-
cy and office of Administrator abolished by section 8 of
Reorg. Plan No. 1 of 1953.
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 condi-
tional release of individuals to prevent the introduc-
tion, transmission, or spread of such diseases, was re-
voked 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; Ex. Ord. No. 13674, § 1, July 31, 2014, 79 F.R. 45671;
Ex. Ord. No. 14047, Sept. 17, 2021, 86 F.R. 52591, 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 ‘‘Sec-
retary’’), 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 pre-
vent the introduction, transmission, or spread of sus-
pected communicable diseases, the following commu-
nicable diseases are hereby specified pursuant to sec-
tion 361(b) of the Public Hea
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