United States Code

42 U.S.C. § 264

Regulations to control communicable diseases

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Bills that would change it 18

  • S 999 Public Health Improvement Act Amends 264(a) · introduced · 119th Congress
  • S 3383 End COVID Tyranny Act Amends 264(a) · introduced · 118th Congress
  • HR 6305 Terminate CDC Overreach Act Amends · introduced · 118th Congress
  • HR 5368 Freedom to Breathe Act Amends · introduced · 118th Congress
  • S 2738 Freedom to Breathe Act Amends · introduced · 118th Congress
  • S 2602 Limiting CDC to Disease Control Act Amends 264(a) · introduced · 118th Congress
  • S 899 Let Me Travel America Act Amends · introduced · 118th Congress
  • S 172 No Mask Mandates Act of 2023 Amends · introduced · 118th Congress
  • HR 7786 Mask Mandate Prevention and Recovery Act Amends 264(a) · introduced · 117th Congress
  • HR 7655 Mindless Mask Mandate on Planes Act of 2022 Amends 264(a) · introduced · 117th Congress
  • HR 6829 Freedom to Fly Maskless Act of 2022 Amends · introduced · 117th Congress
  • HR 5613 Let Me Travel America Act Amends · introduced · 117th Congress
  • HR 5418 To prohibit the Department of Transportation and other agencies from promulgating rules requiring a person to provide proof of a COVID-19... Amends 264(e) · introduced · 117th Congress
  • S 2895 Prevent Unconstitutional Vaccine Mandates for Interstate Commerce Act Amends 264(e) · introduced · 117th Congress
  • S 2847 Let Me Travel America Act Amends · introduced · 117th Congress
  • HR 5307 Keeping Renters Safe Act of 2021 Amends · introduced · 117th Congress
  • S 2776 Keeping Renters Safe Act Amends · introduced · 117th Congress
  • S 1615 Limiting CDC to Disease Control Act Amends 264(a) · introduced · 117th Congress

The law today

From the official United States Code, current through Public Law 119-124.

(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,1. (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 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 regulations 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 a public health emergency if transmitted to other individuals. (e) Preemption Nothing in this section or section 266 of this title, or the regulations promulgated under such sections, may be construed as superseding any provision under State law (including regulations and including provisions established by political subdivisions of States), except to the extent that such a provision conflicts with an exercise of Federal authority under this section or section 266 of this title.
Official text at uscode.house.gov ↗