
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC267]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
                SUBCHAPTER II--GENERAL POWERS AND DUTIES
 
                    Part G--Quarantine and Inspection
 
Sec. 267. Quarantine stations, grounds, and anchorages


(a) Control and management

    Except as provided in title II of the Act of June 15, 1917, as 
amended [50 U.S.C. 191 et seq.], the Surgeon General shall control, 
direct, and manage all United States quarantine stations, grounds, and 
anchorages, designate their boundaries, and designate 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 necessary to 
prevent the introduction of communicable 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 performed at each quarantine station, and, 
upon application by any interested party, may establish quarantine 
inspection during the twenty-four hours of the day, or any fraction 
thereof, at such quarantine stations as, in his opinion, require 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 immediate 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, performing 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 stations 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 employees 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, consignee, operator, or master or other person in 
charge of any conveyance, for whom, at his request, 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 employees 
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 employees were ordered to report for duty 
and did so report, 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 requiring 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 deposit money or obligations of the 
United States in such amount, as will assure the payment of charges 
under this subsection, which bond or deposit may cover one or more 
transactions or all transactions during a specified period: Provided, 
That no charges shall be made for services performed in connection with 
the inspection of (1) persons arriving by international highways, 
ferries, bridges, or tunnels, or the conveyances in which they arrive, 
or (2) persons arriving by aircraft or railroad trains, the operations 
of which are covered by published schedules, or the aircraft or trains 
in which they arrive, or (3) persons arriving by vessels operated 
between Canadian 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 appropriations so credited 
shall be available for the payment of such compensation to the said 
employees for services so rendered.

(July 1, 1944, ch. 373, title III, Sec. 364, 58 Stat. 704; Pub. L. 85-
58, ch. VII, Sec. 701, June 21, 1957, 71 Stat. 181; Pub. L. 85-580, 
title II, Sec. 201, Aug. 1, 1958, 72 Stat. 467; Pub. L. 96-88, title V, 
Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)


                               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).

                          Transfer of Functions

    ``Secretary of Health and Human Services'' substituted for 
``Secretary of Health, Education, and Welfare'' in subsec. (d) pursuant 
to section 509(b) of Pub. L. 96-88 which is classified to section 
3508(b) of Title 20, Education.
    Functions of Public Health Service, Surgeon General of Public Health 
Service, and all other officers and employees 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. Secretary of Health, Education, and 
Welfare redesignated Secretary of Health and Human Services by section 
509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 
20.

                         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.

                  Section Referred to in Other Sections

    This section is referred to in sections 270, 271 of this title.
