Specific Laws and Regulations Governing the Control of Communicable Diseases

The Secretary of the Department of Health and Human Services has statutory responsibility for preventing the introduction, transmission, and spread of communicable diseases in the United States. Under its delegated authority, the Division of Global Migration and Quarantine works to fulfill this responsibility through a variety of activities, including

• the operation of Quarantine Stations at ports of entry
• establishment of standards for medical examination of persons destined for the United States, and
• administration of interstate and foreign quarantine regulations, which govern the international and interstate movement of persons, animals, and cargo.

The legal foundation for these activities is found in Titles 8 and 42 of the U.S. Code and relevant supporting regulations.

Legal Authorities for Isolation and Quarantine

The federal government derives its authority for isolation and quarantine from the Commerce Clause of the U.S. Constitution. Read more on the Legal Authorities for Isolation and Quarantine page.

United States Federal Laws and Regulations for Control of Communicable Diseases

United States Code

The United States Code is a consolidation and codification by subject matter of the general and permanent laws of the United States. Sections 264-272 of the following portion of the code apply: Title 42 - The Public Health and Welfare, Chapter 6A - Public Health Service, Subchapter II - General Powers and Duties, Part G - Quarantine and Inspection. Links from the Office of the Law Revision Counsel, U.S. House of Representatives.

• 42 USC Part G - Quarantine and Inspection
  Introductory page
• Sec. 264. Regulations to control communicable diseases
• Sec. 265. Suspension of entries and imports from designated places to prevent spread of communicable diseases
• Sec. 266. Special quarantine powers in time of war
• Sec. 267. Quarantine stations, grounds, and anchorages
• Sec. 268. Quarantine duties of consular and other officers
• Sec. 269. Bills of health
• Sec. 270. Quarantine regulations governing civil air navigation and civil aircraft
• Sec. 271. Penalties for violation of quarantine laws
• Sec. 272. Administration of oaths by quarantine officers

Code of Federal Regulations

The Code of Federal Regulations (CFR) is the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal Government. It is divided into 50 titles that represent broad areas subject to Federal regulation. Parts 70 and 71 of the following portion of the CFR apply: Title 42 - Public Health, Chapter 1 - Public Health Service, Department of Health and Human Services. Links from the Office of the Federal Register, National Archives and Records Administration on the United States Government Printing Office web site.

• 42 CFR, Part 70: Interstate Quarantine
• 42 CFR, Part 71: Foreign Quarantine

Executive Orders

Executive Orders specify the list of diseases for which federal quarantine is authorized, which is required by the Public Health Service Act. On recommendation of the HHS Secretary, the President may amend this list whenever necessary to add new communicable diseases, including emerging diseases that are a threat to public health.

Amendment to Executive Order 13295: Quarantinable Communicable Diseases
Federal Register Archives, signed April 4, 2003 and amended by 13375 on April 1, 2005.