(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.
Notes, amendments, and revision history
(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 subsec. (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 transferred 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” 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.
Executive Documents
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.
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.