Revised List of Quarantinable Communicable Diseases

This executive order updates the list of diseases for which federal quarantine authority can be exercised, adding SARS to existing diseases like cholera, tuberculosis, and Ebola. It delegates presidential public health functions to the Secretary of Health and Human Services and revokes the 1983 predecessor order.

Federal Register Open PDF 68 FR 17255

Key directives

Specify cholera, diphtheria, infectious tuberculosis, plague, smallpox, yellow fever, viral hemorrhagic fevers, and SARS as quarantinable communicable diseases
Delegate to HHS Secretary discretion to determine whether a condition constitutes a specified communicable disease
Assign presidential functions under PHSA sections 362 and 364(a) to the Secretary
Revoke Executive Order 12452

Who is ordered

Timeline

Immediate

SARS added to quarantinable diseases list
HHS Secretary gains authority to determine what constitutes a specified communicable disease
Presidential functions under PHSA sections 362 and 364(a) transferred to Secretary

Near term (90d)

HHS expected to develop implementing regulations and operational protocols for SARS quarantine procedures

Long term

Established framework for future disease additions through Secretary discretion
Precedent for federal quarantine response to emerging infectious diseases

Risks & tensions

SARS addition in 2003 reflects reactive rather than proactive pandemic preparedness
Broad Secretary discretion under Section 2 creates potential for inconsistent application without explicit criteria
No explicit due process or appeal mechanisms specified for individuals subject to apprehension or detention
Federal-state tension possible regarding quarantine enforcement authority