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From the U.S. House of Representatives Downloadable U.S. Code
[uscode.house.gov]
[Laws in effect as of January 5, 1999]

[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
 
-HEAD-
    Sec. 267. Quarantine stations, grounds, and anchorages
 
-STATUTE-
    (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.
 
-SOURCE-
    (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.)
 
-MISC1-
                                 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).
 
-TRANS-
                           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.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 270, 271 of this title.
 


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