42 U.S.C. § 266 — Special quarantine powers in time of war

submitted 82 years ago by ch. 373 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 147 words · no verdicts yet

in plain englishAI-generated · not legal advice

In wartime, the Secretary can make rules to catch and examine people believed to carry a dangerous disease. This applies to people who might infect the armed forces or workers who supply them. Anyone found infected can be held for as long as reasonably necessary.

This section gives the Secretary special power during a war. The goal is to protect the military, naval forces, and war workers from a serious disease. The disease has to be one named in an Executive order under section 264(b) of this title. The Secretary, working with the Surgeon General, can write regulations. These regulations let officials catch and examine any person who is reasonably believed to be infected with that disease. The person must also be reasonably believed to be a likely source of infection for members of the armed forces, or for people who make or transport arms, munitions, ships, food, clothing, or other military supplies. If the examination shows the person really is infected, the regulations can let officials detain that person. The person can be held for whatever time and in whatever manner is reasonably necessary to stop the disease from spreading.

the actual law source: uscode.house.gov ↗public domain

To protect the military and naval forces and war workers of the United States, in time of war, against any communicable disease specified in Executive orders as provided in subsection (b) of section 264 of this title, the Secretary, in consultation with the Surgeon General, is authorized to provide by regulations 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 or to individuals engaged in the production or transportation of arms, munitions, ships, food, clothing, or other supplies for the armed forces. Such regulations 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.

Source credit: (July 1, 1944, ch. 373, title III, § 363, 58 Stat. 704; Pub. L. 107–188, title I, § 142(a)(3), (b)(2), June 12, 2002, 116 Stat. 626, 627.)

history & why it existsrecord from the source credit

1944Enacted · Act of July 1, 1944, ch. 373 · 58 Stat. 704
2002Amended · Pub. L. 107-188 · 116 Stat. 626, 627

A history note hasn’t been published yet. The record shows enactment by ch. 373 on 1944-07-01.

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