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 [1].
(c) Application of regulations to persons entering from foreign countriesExcept 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 infectedRegulations 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 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, will be moving from a State to another State. Such (2) For purposes of this subsection, the term “qualifying stage”, with respect to a communicable disease, means that such disease—
is in a communicable stage; oris in a precommunicable stage, if the disease would be likely to cause a public health emergency if transmitted to other individuals.
(e) Preemption2002—Pub. L. 107–188, § 142(a)(1), (2), (b)(1), and (c), which directed certain amendments to section 361 of the Public Health Act, was executed by making the amendments to this section, which is section 361 of the Public Health Service Act, to reflect the probable intent of Congress . See below.
Subsec. (b). Pub. L. 107–188, § 142(a)(1), substituted “Executive orders of the President upon the recommendation of thePub. L. 107–188, § 142(a)(2), (b)(1), substituted in first sentence Pub. L. 107–188, § 142(c), added subsec. (e).
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.
Statutory Notes and Related Subsidiaries Change of Name Effective Date of 1960 AmendmentAmendment 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.
Extension of Eviction Moratorium“The order issued by the Centers for Disease Control and Prevention under section 361 of the Public Health Service Act (42 U.S.C. 264), entitled ‘Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID–19’ (85 Fed. Reg. 55292 ( September 4, 2020 )[)] is extended through January 31, 2021 , notwithstanding the effective dates specified in such Order.”
Evaluation of Public Health Authorities “(a) In General.— “(b) Contents of Evaluation.— The report described in subsection (a) shall include— an evaluation of the effectiveness of current policies to detain patients with active tuberculosis;an evaluation of whether Federal laws should be strengthened to expressly address the movement of individuals with active tuberculosis; and
specific legislative recommendations for changes to Federal laws, if any. “(c) Update of Quarantine Regulations.—Not later than 240 days after the date of enactment of this Act [ Oct. 13, 2008 ], the70 and 71 of title 42, Code of Federal Regulations.”
Executive Documents Transfer of FunctionsFunctions of Federal Security Administrator transferred to section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953.
Executive Order No. 12452Ex. Ord. No. 12452, Dec. 22, 1983 , 48 F.R. 56927, which specified certain communicable diseases forEx. Ord. No. 13295, § 5, Apr. 4, 2003 , 68 F.R. 17255, set out below.
Ex. Ord. No. 13295. Revised List of Quarantinable Communicable DiseasesBy 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 thePublic Health Service Act:
(a) Cholera; Diphtheria; infectious Tuberculosis; Measles; Plague; Smallpox; Yellow Fever; and Viral Hemorrhagic 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 . 5. Executive Order 12452 of December 22, 1983 , is hereby revoked.