Authorizing Legislation

§ 268

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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, § 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.)
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.
For assignment of functions of President under subsec. (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 officers
(a) Any consular or medical officer of the
United States, designated for such purpose by
the Secretary, shall make reports to the Surgeon General, on such forms and at such intervals 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 enforcement of quarantine rules and regulations; but no
additional compensation, except actual and necessary 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.)

Page 396

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 relating 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 Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
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 Secretary of Health, Education, and Welfare by section 1 of
Reorg. Plan No. 3 of 1966, 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, Education.
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. Secretary and
Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human
Services by section 509(b) of Pub. L. 96–88 which is classified to section 3508(b) of Title 20.

§ 269. Bills of health
(a) Detail of medical officer; conditions precedent 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 departure, a bill of health in duplicate, in the form
prescribed by the Surgeon General. The President, from time to time, shall specify the ports
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 vessel, and shall state that it has in all respects
complied with the regulations prescribed pursuant to subsection (c) of this section. Before
granting such duplicate bill of health, such consular or medical officer shall be satisfied that
the matters and things therein stated are true.
The consular officer shall be entitled to demand
and receive the fees for bills of health and such
fees shall be established by regulation.
(b) Collectors of customs to receive originals; duplicate 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 therein contained in any court of the United States.

Page 397

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(c) Regulations to secure sanitary conditions of
vessels
The Surgeon General shall from time to time
prescribe regulations, applicable to vessels referred 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 sanitary condition of such vessels, their cargoes,
passengers, and crews. Such regulations shall be
observed by such vessels prior to departure, during the course of the voyage, and also during inspection, disinfection, or other quarantine procedure upon arrival at any United States quarantine station.
(d) Vessels from ports near frontier
The provisions of subsections (a) and (b) of
this section shall not apply to vessels plying between 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 passengers, except upon a certificate of the quarantine officer that regulations prescribed under
subsection (c) of this section 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 certificate required by this subsection shall be procurable from the quarantine
officer, upon arrival 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.)
TRANSFER OF FUNCTIONS
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, Education.
All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise of Bureau of Customs of Department of the Treasury to which appointments were required to be made by
the President with the advice and consent of the Senate ordered abolished, with such offices to be terminated 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 Organization and Employees. All functions of offices eliminated 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.

§ 271

tion and aircraft of any of the provisions of sections 267 to 269 of this title and regulations prescribed thereunder (including penalties and forfeitures for violations of such sections and regulations), to such extent and upon such conditions as he deems necessary for the safeguarding
of the public health.
(July 1, 1944, ch. 373, title III, § 367, 58 Stat. 706.)
ABOLITION OF OFFICE OF SURGEON GENERAL
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 Secretary of Health, Education, and Welfare by section 1 of
Reorg. Plan No. 3 of 1966, 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, Education.

§ 271. Penalties for violation of quarantine laws
(a) Penalties for persons violating quarantine
laws
Any person who violates any regulation prescribed 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
or departs from the limits of any quarantine
station, ground, or anchorage in disregard of
quarantine rules and regulations or without permission 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 permission 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 violation of the revenue laws of the United States.
(c) Remittance or mitigation of forfeitures
With the approval of the Secretary, the Surgeon 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.)

§ 270. Quarantine regulations governing civil air
navigation and civil aircraft

CHANGE OF NAME

The Surgeon General is authorized to provide
by regulations for the application to air naviga-

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-