--- kind: "range" citation: "42 U.S.C. §§ 264–266" title: "42" from: "264" to: "266" count: 3 release: "119-102" url: "https://uscodex.org/usc/42/264..266" --- # §264. Regulations to control communicable diseases - (a) **Promulgation and enforcement by Surgeon General—** The [Surgeon General](/usc/42/201.md?p=b), with the approval of the [Secretary](/usc/42/201.md?p=c), is authorized to make and enforce such [regulations](/usc/42/201.md?p=d) as in his judgment are necessary to prevent the introduction, transmission, or spread of communicable diseases from foreign countries into the [States](/usc/42/300gg–91.md?p=d-14) or [possessions](/usc/42/201.md?p=g), or from one [State](/usc/42/300gg–91.md?p=d-14) or [possession](/usc/42/201.md?p=g) into any other [State](/usc/42/300gg–91.md?p=d-14) or [possession](/usc/42/201.md?p=g). For purposes of carrying out and enforcing such [regulations](/usc/42/201.md?p=d), the [Surgeon General](/usc/42/201.md?p=b) may provide for such [inspection](/usc/42/4851b.md?p=12), 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](/usc/42/201.md?p=d) prescribed under this section shall not provide for the apprehension, detention, or conditional [release](/usc/42/9601.md?p=22) 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](/usc/42/201.md?p=c), in consultation with the [Surgeon General](/usc/42/201.md?p=b),[^1]. - (c) **Application of regulations to persons entering from foreign countries—** Except as provided in [subsection (d)](#d), [regulations](/usc/42/201.md?p=d) prescribed under this section, insofar as they provide for the apprehension, detention, examination, or conditional [release](/usc/42/9601.md?p=22) of individuals, shall be applicable only to individuals coming into a [State](/usc/42/300gg–91.md?p=d-14) or [possession](/usc/42/201.md?p=g) from a foreign country or a [possession](/usc/42/201.md?p=g). - (d) **Apprehension and examination of persons reasonably believed to be infected—** - (1) [Regulations](/usc/42/201.md?p=d) 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 [qualifying stage](#d-2) and (A) to be moving or about to move from a State to another State; or (B) to be a probable source of infection to individuals who, while infected with such disease in a [qualifying stage](#d-2), will be moving from a State to another State. Such [regulations](/usc/42/201.md?p=d) 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. - (2) For purposes of this subsection, the term “qualifying stage”, with respect to a communicable disease, means that such disease— - (A) is in a communicable stage; or - (B) is in a precommunicable stage, if the disease would be likely to [cause](/usc/42/9908.md?p=c-2) a public health emergency if transmitted to other individuals. - (e) **Preemption—** Nothing in this section or [section 266 of this title](/usc/42/266.md), or the [regulations](/usc/42/201.md?p=d) promulgated under such sections, may be construed as superseding any provision under [State](/usc/42/300gg–91.md?p=d-14) law (including [regulations](/usc/42/201.md?p=d) and including provisions established by political subdivisions of [States](/usc/42/300gg–91.md?p=d-14)), except to the extent that such a provision conflicts with an exercise of Federal authority under this section or [section 266 of this title](/usc/42/266.md). # §265. Suspension of entries and imports from designated places to prevent spread of communicable diseases Whenever the [Surgeon General](/usc/42/201.md?p=b) 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](/usc/42/403.md?p=k), and that this danger is so increased by the introduction of [persons](/usc/42/1320a–7k.md?p=d-4-C-i) or property from such country that a suspension of the right to introduce such [persons](/usc/42/1320a–7k.md?p=d-4-C-i) and property is required in the interest of the public health, the [Surgeon General](/usc/42/201.md?p=b), in accordance with [regulations](/usc/42/201.md?p=d) approved by the President, shall have the power to prohibit, in whole or in part, the introduction of [persons](/usc/42/1320a–7k.md?p=d-4-C-i) 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. # §266. Special quarantine powers in time of war To protect the military and naval forces and war workers of the [United States](/usc/42/403.md?p=k), in time of war, against any communicable disease specified in Executive orders as provided in subsection (b) of [section 264 of this title](/usc/42/264.md), the [Secretary](/usc/42/201.md?p=c), in consultation with the [Surgeon General](/usc/42/201.md?p=b), is authorized to provide by [regulations](/usc/42/201.md?p=d) for the apprehension and examination, in time of war, of any individual 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](/usc/42/403.md?p=k) or to individuals engaged in the production or transportation of arms, munitions, ships, food, clothing, or other supplies for the armed forces. Such [regulations](/usc/42/201.md?p=d) 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 reasonably necessary.