42 U.S.C. § 266 — Special quarantine powers in time of war

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. Page 501 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 267 1 See References in Text note below. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted in text for ‘‘Secretary of Health, Education, and Welfare’’ pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Edu- cation. TERMINATION OF WAR AND EMERGENCIES Joint Res. July 25, 1947, ch. 327, § 3, 61 Stat. 451, pro- vided that in the interpretation of this section, the date July 25, 1947, shall be deemed to be the date of ter- mination of any state of war theretofore declared by Congress and of the national emergencies proclaimed by the President on Sept. 8, 1939, and May 27, 1941. 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. § 267. Quarantine stations, grounds, and anchor- ages (a) Control and management Except as provided in title II 1 of the Act of June 15, 1917, as amended, the Surgeon General shall control, direct, and manage all United States quarantine stations, grounds, and an- chorages, designate their boundaries, and des- ignate the quarantine officers to be in charge thereof. With the approval of the President he shall from time to time select suitable sites for and establish such additional stations, grounds, and anchorages in the States and possessions of the United States as in his judgment are nec- essary to prevent the introduction of commu- nicable diseases into the States and possessions of the United States. (b) Hours of inspection The Surgeon General shall establish the hours during which quarantine service shall be per- formed at each quarantine station, and, upon application by any interested party, may estab- lish quarantine inspection during the twenty- four hours of the day, or any fraction thereof, at such quarantine stations as, in his opinion, re- quire such extended service. He may restrict the performance of quarantine inspection to hours of daylight for such arriving vessels as cannot, in his opinion, be satisfactorily inspected during hours of darkness. No vessel shall be required to undergo quarantine inspection during the hours of darkness, unless the quarantine officer at such quarantine station shall deem an imme- diate inspection necessary to protect the public health. Uniformity shall not be required in the hours during which quarantine inspection may be obtained at the various ports of the United States. (c) Overtime pay for employees of Service The Surgeon General shall fix a reasonable rate of extra compensation for overtime services of employees of the United States Public Health Service, Foreign Quarantine Division, per- forming overtime duties including the operation of vessels, in connection with the inspection or quarantine treatment of persons (passengers and crews), conveyances, or goods arriving by land, water, or air in the United States or any place subject to the jurisdiction thereof, hereinafter referred to as ‘‘employees of the Public Health Service’’, when required to be on duty between the hours of 6 o’clock postmeridian and 6 o’clock antemeridian (or between the hours of 7 o’clock postmeridian and 7 o’clock antemeridian at sta- tions which have a declared workday of from 7 o’clock antemeridian to 7 o’clock postmeridian), or on Sundays or holidays, such rate, in lieu of compensation under any other provision of law, to be fixed at two times the basic hourly rate for each hour that the overtime extends beyond 6 o’clock (or 7 o’clock as the case may be) postmeridian, and two times the basic hourly rate for each overtime hour worked on Sundays or holidays. As used in this subsection, the term ‘‘basic hourly rate’’ shall mean the regular basic rate of pay which is applicable to such employ- ees for work performed within their regular scheduled tour of duty. (d) Payment of extra compensation to United States; bond or deposit to assure payment; deposit of moneys to credit of appropriation (1) The said extra compensation shall be paid to the United States by the owner, agent, con- signee, operator, or master or other person in charge of any conveyance, for whom, at his re- quest, services as described in this subsection (hereinafter referred to as overtime service) are performed. If such employees have been ordered to report for duty and have so reported, and the requested services are not performed by reason of circumstances beyond the control of the em- ployees concerned, such extra compensation shall be paid on the same basis as though the overtime services had actually been performed during the period between the time the employ- ees were ordered to report for duty and did so re- port, and the time they were notified that their services would not be required, and in any case as though their services had continued for not less than one hour. The Surgeon General with the approval of the Secretary of Health and Human Services may prescribe regulations re- quiring the owner, agent, consignee, operator, or master or other person for whom the overtime services are performed to file a bond in such amounts and containing such conditions and with such sureties, or in lieu of a bond, to de- posit money or obligations of the United States in such amount, as will assure the payment of charges under this subsection, which bond or de- posit may cover one or more transactions or all transactions during a specified period: Provided, That no charges shall be made for services per- formed in connection with the inspection of (1) persons arriving by international highways, fer- ries, bridges, or tunnels, or the conveyances in which they arrive, or (2) persons arriving by air- craft or railroad trains, the operations of which are covered by published schedules, or the air- craft or trains in which they arrive, or (3) per- sons arriving by vessels operated between Cana-