42 U.S.C. § 271 — Penalties for violation of quarantine laws

Page 503 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 271 at which a medical officer shall be stationed for this purpose. Such bill of health shall set forth the sanitary history and condition of said ves- sel, and shall state that it has in all respects complied with the regulations prescribed pursu- ant to subsection (c). Before granting such du- plicate bill of health, such consular or medical officer shall be satisfied that the matters and things therein stated are true. The consular offi- cer shall be entitled to demand and receive the fees for bills of health and such fees shall be es- tablished by regulation. (b) Collectors of customs to receive originals; du- plicate copies as part of ship’s papers Original bills of health shall be delivered to the collectors of customs at the port of entry. Duplicate copies of such bills of health shall be delivered at the time of inspection to quarantine officers at such port. The bills of health herein prescribed shall be considered as part of the ship’s papers, and when duly certified to by the proper consular or other officer of the United States, over his official signature and seal, shall be accepted as evidence of the statements there- in contained in any court of the United States. (c) Regulations to secure sanitary conditions of vessels The Surgeon General shall from time to time prescribe regulations, applicable to vessels re- ferred to in subsection (a) of this section for the purpose of preventing the introduction into the States or possessions of the United States of any communicable disease by securing the best sani- tary condition of such vessels, their cargoes, passengers, and crews. Such regulations shall be observed by such vessels prior to departure, dur- ing the course of the voyage, and also during in- spection, disinfection, or other quarantine pro- cedure upon arrival at any United States quar- antine station. (d) Vessels from ports near frontier The provisions of subsections (a) and (b) of this section shall not apply to vessels plying be- tween such foreign ports on or near the frontiers of the United States and ports of the United States as are designated by treaty. (e) Compliance with regulations It shall be unlawful for any vessel to enter any port in any State or possession of the United States to discharge its cargo, or land its pas- sengers, except upon a certificate of the quar- antine officer that regulations prescribed under subsection (c) have in all respects been complied with by such officer, the vessel, and its master. The master of every such vessel shall deliver such certificate to the collector of customs at the port of entry, together with the original bill of health and other papers of the vessel. The cer- tificate required by this subsection shall be pro- curable from the quarantine officer, upon ar- rival of the vessel at the quarantine station and satisfactory inspection thereof, at any time within which quarantine services are performed at such station. (July 1, 1944, ch. 373, title III, § 366, 58 Stat. 705.) Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted for ‘‘Secretary of Health, Education, and Wel- fare’’ pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education. Executive Documents TRANSFER OF FUNCTIONS Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and em- ployees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note under section 202 of this title. All offices of collector of customs, comptroller of cus- toms, surveyor of customs, and appraiser of merchan- dise of Bureau of Customs of Department of the Treas- ury to which appointments were required to be made by the President with the advice and consent of the Sen- ate ordered abolished, with such offices to be termi- nated not later than December 31, 1966, by Reorg. Plan No. 1, of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appendix to Title 5, Government Organi- zation and Employees. All functions of offices elimi- nated were already vested in Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5. § 270. Quarantine regulations governing civil air navigation and civil aircraft The Surgeon General is authorized to provide by regulations for the application to air naviga- tion and aircraft of any of the provisions of sec- tions 267 to 269 of this title and regulations pre- scribed thereunder (including penalties and for- feitures for violations of such sections and regu- lations), to such extent and upon such condi- tions as he deems necessary for the safeguarding of the public health. (July 1, 1944, ch. 373, title III, § 367, 58 Stat. 706.) Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted for ‘‘Secretary of Health, Education, and Wel- fare’’ pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education. Executive Documents TRANSFER OF FUNCTIONS Office of Surgeon General abolished by section 3 of Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and functions thereof transferred to Sec- retary of Health, Education, and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a note under sec- tion 202 of this title. Office of Surgeon General reestab- lished within the Office of the Assistant Secretary for Health, see Notice of Department of Health and Human Services, Office of the Assistant Secretary for Health, Mar. 30, 1987, 52 F.R. 11754. § 271. Penalties for violation of quarantine laws (a) Penalties for persons violating quarantine laws Any person who violates any regulation pre- scribed under sections 264 to 266 of this title, or any provision of section 269 of this title or any regulation prescribed thereunder, or who enters Page 504 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 272 1 See References in Text note below. or departs from the limits of any quarantine station, ground, or anchorage in disregard of quarantine rules and regulations or without per- mission of the quarantine officer in charge, shall be punished by a fine of not more than $1,000 or by imprisonment for not more than one year, or both. (b) Penalties for vessels violating quarantine laws Any vessel which violates section 269 of this title, or any regulations thereunder or under section 267 of this title, or which enters within or departs from the limits of any quarantine station, ground, or anchorage in disregard of the quarantine rules and regulations or without per- mission of the officer in charge, shall forfeit to the United States not more than $5,000, the amount to be determined by the court, which shall be a lien on such vessel, to be recovered by proceedings in the proper district court of the United States. In all such proceedings the United States attorney shall appear on behalf of the United States; and all such proceedings shall be conducted in accordance with the rules and laws governing cases of seizure of vessels for vio- lation of the revenue laws of the United States. (c) Remittance or mitigation of forfeitures With the approval of the Secretary, the Sur- geon General may, upon application therefor, remit or mitigate any forfeiture provided for under subsection (b) of this section, and he shall have authority to ascertain the facts upon all such applications. (July 1, 1944, ch. 373, title III, § 368, 58 Stat. 706; June 25, 1948, ch. 646, § 1, 62 Stat. 909; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631.) Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted for ‘‘Secretary of Health, Education, and Wel- fare’’ pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education. Act June 25, 1948, eff. Sept. 1, 1948, substituted ‘‘United States attorney’’ for ‘‘United States district attorney’’. See section 541 of Title 28, Judiciary and Ju- dicial Procedure, and Historical and Revision note thereunder. Executive Documents TRANSFER OF FUNCTIONS Office of Surgeon General abolished by section 3 of Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, and functions thereof transferred to Sec- retary of Health, Education, and Welfare by section 1 of Reorg. Plan No. 3 of 1966, set out as a note under sec- tion 202 of this title. Office of Surgeon General reestab- lished within the Office of the Assistant Secretary for Health, see Notice of Department of Health and Human Services, Office of the Assistant Secretary for Health, Mar. 30, 1987, 52 F.R. 11754. Functions of Federal Security Administrator trans- ferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agen- cy and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. § 272. Administration of oaths by quarantine offi- cers Medical officers of the United States, when performing duties as quarantine officers at any port or place within the United States, are au- thorized to take declarations and administer oaths in matters pertaining to the administra- tion of the quarantine laws and regulations of the United States. (July 1, 1944, ch. 373, title III, § 369, 58 Stat. 706.) PART H—ORGAN TRANSPLANTS Editorial Notes PRIOR PROVISIONS A prior part H related to grants to Alaska for mental health, prior to the general revision of part H by Pub. L. 98–507, title II, § 201, Oct. 19, 1984, 98 Stat. 2342. Another prior part H, entitled ‘‘National Library of Medicine’’, as added by act Aug. 3, 1956, ch. 907, 70 Stat. 960, was redesignated part I and classified to section 275 et seq. of this title, prior to repeal by Pub. L. 99–158. § 273. Organ procurement organizations (a) Grant authority of Secretary (1) The Secretary may make grants for the planning of qualified organ procurement organi- zations described in subsection (b). (2) The Secretary may make grants for the es- tablishment, initial operation, consolidation, and expansion of qualified organ procurement organizations described in subsection (b). (b) Qualified organizations (1) A qualified organ procurement organiza- tion for which grants may be made under sub- section (a) is an organization which, as deter- mined by the Secretary, will carry out the func- tions described in paragraph (2) 1 and— (A) is a nonprofit entity, (B) has accounting and other fiscal proce- dures (as specified by the Secretary) necessary to assure the fiscal stability of the organiza- tion, (C) has an agreement with the Secretary to be reimbursed under title XVIII of the Social Security Act [42 U.S.C. 1395 et seq.] for the procurement of kidneys, (D) notwithstanding any other provision of law, has met the other requirements of this section and has been certified or recertified by the Secretary within the previous 4-year pe- riod as meeting the performance standards to be a qualified organ procurement organization through a process that either— (i) granted certification or recertification within such 4-year period with such certifi- cation or recertification in effect as of Janu- ary 1, 2000, and remaining in effect through the earlier of— (I) January 1, 2002; or (II) the completion of recertification under the requirements of clause (ii); or (ii) is defined through regulations that are promulgated by the Secretary by not later than January 1, 2002, that— (I) require recertifications of qualified organ procurement organizations not more frequently than once every 4 years;