42 U.S.C. § 265 — Suspension of entries and imports from

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 Health Service Act: (a) Cholera; Diphtheria; infectious Tuberculosis; Mea- sles; Plague; Smallpox; Yellow Fever; and Viral Hemor- rhagic Fevers (Lassa, Marburg, Ebola, Crimean-Congo, South American, and others not yet isolated or named). (b) Severe acute respiratory syndromes, which are diseases that are associated with fever and signs and symptoms of pneumonia or other respiratory illness, are capable of being transmitted from person to person, and that either are causing, or have the potential to cause, a pandemic, or, upon infection, are highly likely to cause mortality or serious morbidity if not properly controlled. This subsection does not apply to influenza. (c) Influenza caused by novel or reemergent influenza viruses that are causing, or have the potential to cause, a pandemic. SEC. 2. The Secretary, in the Secretary’s discretion, shall determine whether a particular condition con- stitutes 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 depart- ments, agencies, entities, officers, employees or agents, or any other person. SEC. 5. Executive Order 12452 of December 22, 1983, is hereby revoked. § 265. Suspension of entries and imports from designated places to prevent spread of com- municable diseases Whenever the Surgeon General determines that by reason of the existence of any commu- nicable disease in a foreign country there is seri- ous 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 regula- tions approved by the President, shall have the power to prohibit, in whole or in part, the intro- duction of persons and property from such coun- tries 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.) Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted for ‘‘Secretary of Health, Education, and Wel- fare’’ pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education. Executive Documents 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 Sec- retary of Health, Education, and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a note under sec- tion 202 of this title. Office of Surgeon General reestab- lished within the Office of the Assistant Secretary for Health, see Notice of Department of Health and Human Services, Office of the Assistant Secretary for Health, Mar. 30, 1987, 52 F.R. 11754. 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 con- sultation with the Surgeon General, is author- ized to provide by regulations for the apprehen- sion and examination, in time of war, of any in- dividual 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, muni- tions, 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 reason- ably necessary. (July 1, 1944, ch. 373, title III, § 363, 58 Stat. 704; Pub. L. 107–188, title I, § 142(a)(3), (b)(2), June 12, 2002, 116 Stat. 626, 627.) Editorial Notes AMENDMENTS 2002—Pub. L. 107–188, which directed substitution of ‘‘the Secretary, in consultation with the Surgeon Gen- eral,’’ for ‘‘the Surgeon General, on recommendation of the National Advisory Health Council,’’ and striking out of ‘‘in a communicable stage’’ after ‘‘(1) to be in- fected with such disease’’, in section 363 of the Public Health Act, was executed to this section, which is sec- tion 363 of the Public Health Service Act, to reflect the probable intent of Congress.