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42 U.S.C. § 267Quarantine stations, grounds, and anchorages

submitted 82 years ago by ch. 373 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 884 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Surgeon General manages all U.S. quarantine stations and sets their inspection hours. Employees who work overtime or on Sundays and holidays get extra pay, funded by fees charged to shippers. Some routine border and scheduled-service crossings are exempt from these overtime charges.

(a) Control and management The Surgeon General controls, directs, and manages all U.S. quarantine stations, grounds, and anchorages, and sets their boundaries and the officers in charge. This power is limited by title II of the Act of June 15, 1917, as amended. With the President's approval, the Surgeon General can also pick new sites and establish new stations, grounds, and anchorages in the states and U.S. possessions, whenever needed to keep communicable diseases from entering the country. (b) Hours of inspection The Surgeon General sets the hours quarantine service runs at each station. On request, the Surgeon General can make a station operate 24 hours a day, or any part of it, if extra service is needed. The Surgeon General can also limit inspection to daylight hours for vessels that can't be properly inspected in the dark. No vessel has to undergo inspection during darkness unless the quarantine officer decides an immediate inspection is necessary to protect public health. Inspection hours don't have to be the same at every U.S. port. (c) Overtime pay for employees of Service The Surgeon General sets a reasonable overtime rate for Public Health Service, Foreign Quarantine Division employees who do extra duties — including running vessels — connected to inspecting or quarantining people, conveyances, or goods arriving by land, water, or air. This applies when they work between 6 p.m. and 6 a.m. (or, at stations with a 7-to-7 workday, between 7 p.m. and 7 a.m.), or on Sundays or holidays. The overtime rate is twice the employee's basic hourly rate for each overtime hour, replacing any other pay rule. "Basic hourly rate" means the regular rate the employee earns during their normal scheduled hours. (d) Payment of extra compensation to United States This extra pay is paid to the United States by the owner, agent, consignee, operator, master, or other person in charge of the conveyance who requested the overtime service. If employees reported for duty as ordered but the service wasn't actually performed for reasons beyond their control, they're still paid as if they'd worked — counted from when they reported until they were told the work wasn't needed, and never less than one hour. The Surgeon General, with the Secretary of Health and Human Services' approval, can require the requesting party to post a bond or deposit money to guarantee payment; this can cover one transaction or many over a set period. No charges apply to inspecting: people arriving by international highway, ferry, bridge, or tunnel, or their conveyances; people arriving by aircraft or train on published schedules, or those aircraft or trains; or people arriving by vessel on published schedules between Canadian ports and Puget Sound, or on the Great Lakes and connecting waterways, or those vessels. Money collected under this subsection goes to the Treasury, credited to the appropriation that covered the expense, and stays available to pay the employees for the work performed.
the actual law source: uscode.house.gov ↗public domain
(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 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 credit: (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.)

history & why it existsrecord from the source credit
  • 1944Enacted · Act of July 1, 1944, ch. 373 · 58 Stat. 704
  • 1957Amended · Pub. L. 85-58 · 71 Stat. 181
  • 1958Amended · Pub. L. 85-580 · 72 Stat. 467
  • 1979Amended · Pub. L. 96-88 · 93 Stat. 695

A history note hasn’t been published yet. The record shows enactment by ch. 373 on 1944-07-01.

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