At a glance
The Secretary of the Department of Health and Human Services has statutory responsibility for preventing the introduction, transmission, and spread of communicable diseases from foreign countries into the United States and between U.S. states and territories. Under its delegated authority, the Division of Global Migration Health works to fulfill this responsibility through a variety of activities.
Activities
DGMH activities that fulfill this responsibility and that are found in Titles 8 and 42 of the U.S. Code and relevant supporting regulations include:
- operation of port health stations at U.S. ports of entry
- establishment of standards for medical examination of individuals seeking to be admitted into the United States as immigrants, and
- administration of interstate and foreign quarantine regulations, which govern the interstate and international movement of individuals, animals, conveyances, and cargo.
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.
For regulations related to importation of human remains, animals, and animal products, please see the Laws and Regulations page on the Importation site.
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 are provided by the Government Printing Office.
- 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. Port Health 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 official and complete text of the general and permanent rules published in the Federal Register. These regulations are established by the executive departments and agencies of the Federal Government. The CFR are divided into various titles that represent broad subject areas of Federal regulation. CDC's regulations fall under Title 42: Public Health, Chapter 1 – Public Health Service, Department of Health and Human Services.
Links are from the Office of the Federal Register, National Archives and Records Administration on the United States Government Printing Office web site. Specifically, Parts 70 and 71 of the following portion of the CFR apply:
Recent Updates
Interim Final Rule for Control of Communicable Diseases: Foreign Quarantine
On February 6, 2020, the Department of Health and Human Services (HHS) and CDC issued an Interim Final Rule to amend its Foreign Quarantine regulations, to enable CDC to require airlines to collect, and provide to CDC, certain data regarding passengers and crew arriving from foreign countries, for the purposes of health education, treatment, prophylaxis, or other appropriate public health interventions, including travel restrictions. This Interim Final Rule was effective on February 7, 2020, and written comments were invited for submission before March 13, 2020. The interim final rule is published on the Office of the Federal Register's website.
Final Rule for Control of Communicable Diseases: Interstate and Foreign
On January 19, 2017, HHS and CDC published the Final Rule titled Final Rule for Control of Communicable Diseases: Interstate and Foreign. This Final Rule enhances HHS/CDC's ability to prevent the introduction, transmission, and spread of communicable diseases into the United States and interstate by clarifying and providing greater transparency regarding its response capabilities and practices. The Final Rule is published on the Office of the Federal Register's website. This regulation became effective on March 21, 2017.
Federal Register Notice: Criteria for Recommending Federal Travel Restrictions for Public Health Purposes, Including for Viral Hemorrhagic Fevers
On March 27, 2015, HHS and CDC published a notice in the Federal Register titled Criteria for Recommending Federal Travel Restrictions for Public Health Purposes, Including for Viral Hemorrhagic Fevers. This Notice was posted to describe the tools the federal government has to ensure that people with serious contagious diseases that pose a public health threat do not board commercial flights into, within, or out of the United States, or enter into the United States without a public health evaluation. It also lists the criteria that CDC uses in deciding whether to recommend using these tools.
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. The most recent Executive Order, issued September 21, 2021, added measles to the list of quarantinable communicable diseases.