42 U.S.C. § 267 — Quarantine stations, grounds, and anchor-

Page 501 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 267 1 See References in Text note below. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted in text for ‘‘Secretary of Health, Education, and Welfare’’ pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Edu- cation. TERMINATION OF WAR AND EMERGENCIES Joint Res. July 25, 1947, ch. 327, § 3, 61 Stat. 451, pro- vided that in the interpretation of this section, the date July 25, 1947, shall be deemed to be the date of ter- mination of any state of war theretofore declared by Congress and of the national emergencies proclaimed by the President on Sept. 8, 1939, and May 27, 1941. 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. § 267. Quarantine stations, grounds, and anchor- ages (a) Control and management Except as provided in title II 1 of the Act of June 15, 1917, as amended, the Surgeon General shall control, direct, and manage all United States quarantine stations, grounds, and an- chorages, designate their boundaries, and des- ignate the quarantine officers to be in charge thereof. With the approval of the President he shall from time to time select suitable sites for and establish such additional stations, grounds, and anchorages in the States and possessions of the United States as in his judgment are nec- essary to prevent the introduction of commu- nicable diseases into the States and possessions of the United States. (b) Hours of inspection The Surgeon General shall establish the hours during which quarantine service shall be per- formed at each quarantine station, and, upon application by any interested party, may estab- lish quarantine inspection during the twenty- four hours of the day, or any fraction thereof, at such quarantine stations as, in his opinion, re- quire such extended service. He may restrict the performance of quarantine inspection to hours of daylight for such arriving vessels as cannot, in his opinion, be satisfactorily inspected during hours of darkness. No vessel shall be required to undergo quarantine inspection during the hours of darkness, unless the quarantine officer at such quarantine station shall deem an imme- diate inspection necessary to protect the public health. Uniformity shall not be required in the hours during which quarantine inspection may be obtained at the various ports of the United States. (c) Overtime pay for employees of Service The Surgeon General shall fix a reasonable rate of extra compensation for overtime services of employees of the United States Public Health Service, Foreign Quarantine Division, per- forming overtime duties including the operation of vessels, in connection with the inspection or quarantine treatment of persons (passengers and crews), conveyances, or goods arriving by land, water, or air in the United States or any place subject to the jurisdiction thereof, hereinafter referred to as ‘‘employees of the Public Health Service’’, when required to be on duty between the hours of 6 o’clock postmeridian and 6 o’clock antemeridian (or between the hours of 7 o’clock postmeridian and 7 o’clock antemeridian at sta- tions which have a declared workday of from 7 o’clock antemeridian to 7 o’clock postmeridian), or on Sundays or holidays, such rate, in lieu of compensation under any other provision of law, to be fixed at two times the basic hourly rate for each hour that the overtime extends beyond 6 o’clock (or 7 o’clock as the case may be) postmeridian, and two times the basic hourly rate for each overtime hour worked on Sundays or holidays. As used in this subsection, the term ‘‘basic hourly rate’’ shall mean the regular basic rate of pay which is applicable to such employ- ees for work performed within their regular scheduled tour of duty. (d) Payment of extra compensation to United States; bond or deposit to assure payment; deposit of moneys to credit of appropriation (1) The said extra compensation shall be paid to the United States by the owner, agent, con- signee, operator, or master or other person in charge of any conveyance, for whom, at his re- quest, services as described in this subsection (hereinafter referred to as overtime service) are performed. If such employees have been ordered to report for duty and have so reported, and the requested services are not performed by reason of circumstances beyond the control of the em- ployees concerned, such extra compensation shall be paid on the same basis as though the overtime services had actually been performed during the period between the time the employ- ees were ordered to report for duty and did so re- port, and the time they were notified that their services would not be required, and in any case as though their services had continued for not less than one hour. The Surgeon General with the approval of the Secretary of Health and Human Services may prescribe regulations re- quiring the owner, agent, consignee, operator, or master or other person for whom the overtime services are performed to file a bond in such amounts and containing such conditions and with such sureties, or in lieu of a bond, to de- posit money or obligations of the United States in such amount, as will assure the payment of charges under this subsection, which bond or de- posit may cover one or more transactions or all transactions during a specified period: Provided, That no charges shall be made for services per- formed in connection with the inspection of (1) persons arriving by international highways, fer- ries, bridges, or tunnels, or the conveyances in which they arrive, or (2) persons arriving by air- craft or railroad trains, the operations of which are covered by published schedules, or the air- craft or trains in which they arrive, or (3) per- sons arriving by vessels operated between Cana- Page 502 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 268 dian ports and ports on Puget Sound or operated on the Great Lakes and connecting waterways, the operations of which are covered by published schedules, or the vessels in which they arrive. (2) Moneys collected under this subsection shall be deposited in the Treasury of the United States to the credit of the appropriation charged with the expense of the services, and the appro- priations so credited shall be available for the payment of such compensation to the said em- ployees for services so rendered. (July 1, 1944, ch. 373, title III, § 364, 58 Stat. 704; Pub. L. 85–58, ch. VII, § 701, June 21, 1957, 71 Stat. 181; Pub. L. 85–580, title II, § 201, Aug. 1, 1958, 72 Stat. 467; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.) Editorial Notes REFERENCES IN TEXT Title II of the Act of June 15, 1917, referred to in sub- sec. (a), is act June 15, 1917, ch. 30, title II, 40 Stat. 220, which was formerly classified to sections 191, 192, 193 and 194 of Title 50, War and National Defense. Sections 191, 192, and 194 of Title 50 were redesignated and trans- ferred to sections 70051 to 70053, respectively, of Title 46, Shipping, by Pub. L. 115–282, title IV, § 407(b)(1), (5), (c)(1), (3), (d)(1), (3), Dec. 4, 2018, 132 Stat. 4267. Section 193 of Title 50 was repealed by act June 25, 1948, ch. 645, § 21, 62 Stat. 862. AMENDMENTS 1958—Subsec. (c). Pub. L. 85–580 increased rate of pay for each hour that overtime extends beyond 6 o’clock (or 7 o’clock as the case may be) postmeridian from one and one-half times the basic hourly rate to two times the basic hourly rate. 1957—Subsecs. (c), (d). Pub. L. 85–58 added subsecs. (c) and (d). Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted for ‘‘Secretary of Health, Education, and Wel- fare’’ in subsec. (d) 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. DELEGATION OF FUNCTIONS Functions of President delegated to Secretary of Health Health and Human Services, see Ex. Ord. No. 11140, Jan. 30, 1964, 29 F.R. 1637, as amended, set out as a note under section 202 of this title. For assignment of functions of President under sub- sec. (a) of this section, see section 3 of Ex. Ord. No. 13295, Apr. 4, 2003, 68 F.R. 17255, set out as a note under section 264 of this title. § 268. Quarantine duties of consular and other of- ficers (a) Any consular or medical officer of the United States, designated for such purpose by the Secretary, shall make reports to the Sur- geon General, on such forms and at such inter- vals as the Surgeon General may prescribe, of the health conditions at the port or place at which such officer is stationed. (b) It shall be the duty of the customs officers and of Coast Guard officers to aid in the enforce- ment of quarantine rules and regulations; but no additional compensation, except actual and nec- essary traveling expenses, shall be allowed any such officer by reason of such services. (July 1, 1944, ch. 373, title III, § 365, 58 Stat. 705; 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’’ in subsec. (a) pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education. TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. 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. Reference to Secretary of Health, Education, and Welfare substituted for reference to Federal Security Administrator pursuant to section 5 of Reorg. Plan No. 1, of 1953, set out as a note under section 3501 of this title, which transferred functions of Federal Security Administrator to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency to Department of Health, Education, and Welfare. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. § 269. Bills of health (a) Detail of medical officer; conditions prece- dent to issuance; consular officer to receive fees Except as otherwise prescribed in regulations, any vessel at any foreign port or place clearing or departing for any port or place in a State or possession shall be required to obtain from the consular officer of the United States or from the Public Health Service officer, or other medical officer of the United States designated by the Surgeon General, at the port or place of depar- ture, a bill of health in duplicate, in the form prescribed by the Surgeon General. The Presi- dent, from time to time, shall specify the ports