Att. A1 - Section 361 of the Public Health Service Act (42 USC 264)

§ 264

TITLE 42—THE PUBLIC HEALTH AND WELFARE

Subsec. (e)(1)(B)(ii). Pub. L. 105–248, § 4(a)(2), substituted ‘‘relationship’’ for ‘‘financial relationship’’.
Subsec. (f)(1)(G)(i). Pub. L. 105–248, § 5, added cl. (i)
and struck out former cl. (i) which read as follows: ‘‘a
facility that performs any mammogram maintain the
mammogram in the permanent medical records of the
patient—
‘‘(I) for a period of not less than 5 years, or not less
than 10 years if no additional mammograms of such
patient are performed at the facility, or longer if
mandated by State law; or
‘‘(II) until such time as the patient should request
that the patient’s medical records be forwarded to a
medical institution or a physician of the patient;
whichever is longer; and’’.
Subsec. (f)(1)(G)(ii)(IV). Pub. L. 105–248, § 6, added
subcl. (IV) and struck out former subcl. (IV) which read
as follows: ‘‘if such report is sent to the patient, the report shall include a summary written in terms easily
understood by a lay person; and’’.
Subsec. (g)(1). Pub. L. 105–248, § 9(1), inserted ‘‘or
local’’ after ‘‘State’’ wherever appearing.
Subsec. (g)(1)(A). Pub. L. 105–248, § 7, in first sentence,
struck out ‘‘certified’’ before ‘‘facilities’’ and inserted
‘‘the certification requirements under subsection (b) of
this section and’’ after ‘‘compliance with’’.
Subsec. (g)(1)(E). Pub. L. 105–248, § 8(1), inserted
‘‘, subject to paragraph (6)’’ before period at end.
Subsec. (g)(3). Pub. L. 105–248, § 9(1), (2), inserted ‘‘or
local’’ after ‘‘State’’ in heading and in two places in
text.
Subsec. (g)(4). Pub. L. 105–248, § 9(1), inserted ‘‘or
local’’ after ‘‘State’’.
Subsec. (g)(6). Pub. L. 105–248, § 8(2), added par. (6).
Subsec. (h)(2). Pub. L. 105–248, § 10(a), added par. (2)
and redesignated former par. (2) as (3).
Subsec. (h)(3). Pub. L. 105–248, § 10(a)(1), (b), redesignated par. (2) as (3), added subpar. (C), and redesignated
former subpar. (C) as (D). Former par. (3) redesignated
(4).
Subsec. (h)(4). Pub. L. 105–248, § 10(a)(1), (c), redesignated par. (3) as (4) and substituted ‘‘paragraphs (1)
through (3)’’ for ‘‘paragraphs (1) and (2)’’.
Subsec. (i)(1)(C). Pub. L. 105–248, § 11, inserted ‘‘(or of
an accreditation body approved pursuant to subsection
(e) of this section)’’ after ‘‘of the Secretary’’ and inserted ‘‘(or such accreditation body or State carrying
out certification program requirements pursuant to
subsection (q) of this section)’’ after ‘‘that the Secretary’’.
Subsec. (i)(1)(D). Pub. L. 105–248, § 9(3), inserted ‘‘or
local’’ after ‘‘any State’’ and ‘‘or local agency’’ after
‘‘by the State’’.
Subsec. (i)(2)(A). Pub. L. 105–248, § 12, substituted ‘‘has
reason to believe that the circumstance of the case will
support one or more of the findings described in paragraph (1) and that—’’ and cls. (i) and (ii) for ‘‘makes the
finding described in paragraph (1) and determines
that—
‘‘(i) the failure of a facility to comply with the
standards established by the Secretary under subsection (f) of this section presents a serious risk to
human health; or
‘‘(ii) a facility has engaged in an action described in
subparagraph (D) or (E) of paragraph (1).’’
Subsec. (q)(4)(B). Pub. L. 105–248, § 13, substituted
‘‘certified’’ for ‘‘accredited’’.
Subsec. (r)(2)(A). Pub. L. 105–248, § 2, substituted ‘‘subsection (p)’’ for ‘‘subsection (q)’’ and ‘‘2002’’ for ‘‘1997’’.
Subsec. (r)(2)(B). Pub. L. 105–248, § 2, substituted ‘‘fiscal years’’ for ‘‘fiscal year’’ and ‘‘2002’’ for ‘‘1997’’.
CHANGE OF NAME
Committee on Labor and Human Resources of Senate
changed to Committee on Health, Education, Labor,
and Pensions of Senate by Senate Resolution No. 20,
One Hundred Sixth Congress, Jan. 19, 1999.
Committee on Energy and Commerce of House of
Representatives treated as referring to Committee on
Commerce of House of Representatives by section 1(a)

Page 360

of Pub. L. 104–14, set out as a note preceding section 21
of Title 2, The Congress. Committee on Commerce of
House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and
jurisdiction over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh
Congress, Jan. 3, 2001.
TERMINATION OF ADVISORY COMMITTEES
Advisory committees established after Jan. 5, 1973, to
terminate not later than the expiration of the 2-year
period beginning on the date of their establishment,
unless, in the case of a committee established by the
President or an officer of the Federal Government, such
committee is renewed by appropriate action prior to
the expiration of such 2-year period, or in the case of
a committee established by Congress, its duration is
otherwise provided for by law. See section 14 of Pub. L.
92–463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix
to Title 5, Government Organization and Employees.
Pub. L. 93–641, § 6, Jan. 4, 1975, 88 Stat. 2275, set out as
a note under section 217a of this title, provided that an
advisory committee established pursuant to the Public
Health Service Act shall terminate at such time as
may be specifically prescribed by an Act of Congress
enacted after Jan. 4, 1975.
REGULATIONS
Pub. L. 103–183, title VII, § 707, Dec. 14, 1993, 107 Stat.
2241, provided that: ‘‘The Secretary of Health and
Human Services is authorized to issue interim final
regulations—
‘‘(1) under which the Secretary may approve accreditation bodies under section 354(e) of the Public
Health Service Act (42 U.S.C. 263b(e)); and
‘‘(2) establishing quality standards under section
354(f) of the Public Health Service Act (42 U.S.C.
263b(f)).’’
STUDY
Section 3 of Pub. L. 102–539 directed Comptroller General of United States to conduct a study of the certification program authorized by this section to determine
if the program has resulted in improvement of quality
and accessibility of mammography services, and if the
program has reduced the frequency of poor quality
mammography and improved early detection of breast
cancer, with Comptroller General, not later than 3
years from Oct. 27, 1992, submit to Congress an interim
report of results of study and, not later than 5 years
from such date to submit a final report.

PART G—QUARANTINE AND INSPECTION
§ 264. Regulations to control communicable diseases
(a) Promulgation and enforcement by Surgeon
General
The Surgeon General, with the approval of the
Secretary, is authorized to make and enforce
such regulations as in his judgment are necessary to prevent the introduction, transmission, or spread of communicable diseases
from foreign countries into the States or possessions, or from one State or possession into any
other State or possession. For purposes of carrying out and enforcing such regulations, the Surgeon General may provide for such inspection,
fumigation, disinfection, sanitation, pest extermination, destruction of animals or articles
found to be so infected or contaminated as to be
sources of dangerous infection to human beings,
and other measures, as in his judgment may be
necessary.

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(b) Apprehension, detention, or conditional release of individuals
Regulations prescribed under this section
shall not provide for the apprehension, detention, or conditional release of individuals except
for the purpose of preventing the introduction,
transmission, or spread of such communicable
diseases as may be specified from time to time
in Executive orders of the President upon the
recommendation of the Secretary, in consultation with the Surgeon General,1.
(c) Application of regulations to persons entering
from foreign countries
Except as provided in subsection (d) of this
section, regulations prescribed under this section, insofar as they provide for the apprehension, detention, examination, or conditional release of individuals, shall be applicable only to
individuals coming into a State or possession
from a foreign country or a possession.
(d) Apprehension and examination of persons
reasonably believed to be infected
(1) Regulations prescribed under this section
may provide for the apprehension and examination of any individual reasonably believed to be
infected with a communicable disease in a qualifying stage and (A) to be moving or about to
move from a State to another State; or (B) to be
a probable source of infection to individuals
who, while infected with such disease in a qualifying stage, will be moving from a State to another State. Such regulations may provide that
if upon examination any such individual is
found to be infected, he may be detained for
such time and in such manner as may be reasonably necessary. For purposes of this subsection,
the term ‘‘State’’ includes, in addition to the
several States, only the District of Columbia.
(2) For purposes of this subsection, the term
‘‘qualifying stage’’, with respect to a communicable disease, means that such disease—
(A) is in a communicable stage; or
(B) is in a precommunicable stage, if the disease would be likely to cause a public health
emergency if transmitted to other individuals.
(e) Preemption
Nothing in this section or section 266 of this
title, or the regulations promulgated under such
sections, may be construed as superseding any
provision under State law (including regulations
and including provisions established by political
subdivisions of States), except to the extent
that such a provision conflicts with an exercise
of Federal authority under this section or section 266 of this title.
(July 1, 1944, ch. 373, title III, § 361, 58 Stat. 703;
1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18
F.R. 2053, 67 Stat. 631; Pub. L. 86–624, § 29(c), July
12, 1960, 74 Stat. 419; Pub. L. 94–317, title III,
§ 301(b)(1), June 23, 1976, 90 Stat. 707; Pub. L.
107–188, title I, § 142(a)(1), (2), (b)(1), (c), June 12,
2002, 116 Stat. 626, 627.)
AMENDMENTS
2002—Pub. L. 107–188, § 142(a)(1), (2), (b)(1), and (c),
which directed certain amendments to section 361 of
1 So

in original. Comma probably should not appear.

§ 264

the Public Health Act, was executed by making the
amendments to this section, which is section 361 of the
Public Health Service Act, to reflect the probable intent of Congress. See below.
Subsec. (b). Pub. L. 107–188, § 142(a)(1), substituted
‘‘Executive orders of the President upon the recommendation of the Secretary, in consultation with the
Surgeon General,’’ for ‘‘Executive orders of the President upon the recommendation of the National Advisory Health Council and the Surgeon General’’.
Subsec. (d). Pub. L. 107–188, § 142(a)(2), (b)(1), substituted in first sentence ‘‘Regulations’’ for ‘‘On recommendation of the National Advisory Health Council,
regulations’’, ‘‘in a qualifying stage’’ for ‘‘in a communicable stage’’ in two places, designated existing text
as par. (1) and substituted ‘‘(A)’’ and ‘‘(B)’’ for ‘‘(1)’’ and
‘‘(2)’’, respectively, and added par. (2).
Subsec. (e). Pub. L. 107–188, § 142(c), added subsec. (e).
1976—Subsec. (d). Pub. L. 94–317 inserted provision defining ‘‘State’’ to include, in addition to the several
States, only the District of Columbia.
1960—Subsec. (c). Pub. L. 86–624 struck out reference
to Territory of Hawaii.
EFFECTIVE DATE OF 1960 AMENDMENT
Amendment by Pub. L. 86–624 effective Aug. 21, 1959,
see section 47(f) of Pub. L. 86–624, set out as a note
under section 201 of this title.
TRANSFER OF FUNCTIONS
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.
Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare
and all agencies of Federal Security Agency transferred
to Department of Health, Education, and Welfare by
section 5 of Reorg. Plan No. 1 of 1953, set out as a note
under section 3501 of this title. 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.
EVALUATION OF PUBLIC HEALTH AUTHORITIES
Pub. L. 110–392, title I, § 121, Oct. 13, 2008, 122 Stat.
4200, provided that:
‘‘(a) IN GENERAL.—Not later than 180 days after the
date of enactment of the Comprehensive Tuberculosis
Elimination Act of 2008 [Oct. 13, 2008], the Secretary of
Health and Human Services shall prepare and submit to
the appropriate committees of Congress a report that
evaluates and provides recommendations on changes
needed to Federal and State public health authorities
to address current disease containment challenges such
as isolation and quarantine.
‘‘(b) CONTENTS OF EVALUATION.—The report described
in subsection (a) shall include—
‘‘(1) an evaluation of the effectiveness of current
policies to detain patients with active tuberculosis;
‘‘(2) an evaluation of whether Federal laws should
be strengthened to expressly address the movement
of individuals with active tuberculosis; and
‘‘(3) specific legislative recommendations for
changes to Federal laws, if any.
‘‘(c) UPDATE OF QUARANTINE REGULATIONS.—Not later
than 240 days after the date of enactment of this Act
[Oct. 13, 2008], the Secretary of Health and Human
Services shall promulgate regulations to update the
current interstate and foreign quarantine regulations
found in parts 70 and 71 of title 42, Code of Federal Regulations.’’

§ 265

TITLE 42—THE PUBLIC HEALTH AND WELFARE
EXECUTIVE ORDER NO. 12452

Ex. Ord. No. 12452, Dec. 22, 1983, 48 F.R. 56927, which
specified certain communicable diseases for regulations
providing for the apprehension, detention, or conditional release of individuals to prevent the introduction, transmission, or spread of such diseases, was revoked by Ex. Ord. No. 13295, § 5, Apr. 4, 2003, 68 F.R.
17255, set out below.
EX. ORD. NO. 13295. REVISED LIST OF QUARANTINABLE
COMMUNICABLE DISEASES
Ex. Ord. No. 13295, Apr. 4, 2003, 68 F.R. 17255, as
amended by Ex. Ord. No. 13375, § 1, Apr. 1, 2005, 70 F.R.
17299, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including section 361(b) of the Public Health
Service Act (42 U.S.C. 264(b)), it is hereby ordered as
follows:
SECTION 1. Based upon the recommendation of the
Secretary of Health and Human Services (the ‘‘Secretary’’), in consultation with the Surgeon General,
and for the purpose of specifying certain communicable
diseases for regulations providing for the apprehension,
detention, or conditional release of individuals to prevent the introduction, transmission, or spread of suspected communicable diseases, the following communicable diseases are hereby specified pursuant to section 361(b) of the Public Health Service Act:
(a) Cholera; Diphtheria; infectious Tuberculosis;
Plague; Smallpox; Yellow Fever; and Viral Hemorrhagic Fevers (Lassa, Marburg, Ebola, Crimean-Congo,
South American, and others not yet isolated or named).
(b) Severe Acute Respiratory Syndrome (SARS),
which is a disease associated with fever and signs and
symptoms of pneumonia or other respiratory illness, is
transmitted from person to person predominantly by
the aerosolized or droplet route, and, if spread in the
population, would have severe public health consequences.
(c) Influenza caused by novel or reemergent influenza
viruses that are causing, or have the potential to cause,
a pandemic.
SEC. 2. The Secretary, in the Secretary’s discretion,
shall determine whether a particular condition constitutes a communicable disease of the type specified in
section 1 of this order.
SEC. 3. The functions of the President under sections
362 and 364(a) of the Public Health Service Act (42
U.S.C. 265 and 267(a)) are assigned to the Secretary.
SEC. 4. This order is not intended to, and does not,
create any right or benefit enforceable at law or equity
by any party against the United States, its departments, agencies, entities, officers, employees or agents,
or any other person.
SEC. 5. Executive Order 12452 of December 22, 1983, is
hereby revoked.
GEORGE W. BUSH.

§ 265. Suspension of entries and imports from
designated places to prevent spread of communicable diseases
Whenever the Surgeon General determines
that by reason of the existence of any communicable disease in a foreign country there is serious danger of the introduction of such disease
into the United States, and that this danger is
so increased by the introduction of persons or
property from such country that a suspension of
the right to introduce such persons and property
is required in the interest of the public health,
the Surgeon General, in accordance with regulations approved by the President, shall have the
power to prohibit, in whole or in part, the introduction of persons and property from such countries or places as he shall designate in order to

Page 362

avert such danger, and for such period of time as
he may deem necessary for such purpose.
(July 1, 1944, ch. 373, title III, § 362, 58 Stat. 704.)
TRANSFER OF FUNCTIONS
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.
DELEGATION OF FUNCTIONS
For assignment of functions of President under 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.

§ 266. Special quarantine powers in time of war
To protect the military and naval forces and
war workers of the United States, in time of
war, against any communicable disease specified
in Executive orders as provided in subsection (b)
of section 264 of this title, the Secretary, in consultation with the Surgeon General, is authorized to provide by regulations for the apprehension and examination, in time of war, of any individual reasonably believed (1) to be infected
with such disease and (2) to be a probable source
of infection to members of the armed forces of
the United States or to individuals engaged in
the production or transportation of arms, munitions, ships, food, clothing, or other supplies for
the armed forces. Such regulations may provide
that if upon examination any such individual is
found to be so infected, he may be detained for
such time and in such manner as may be reasonably necessary.
(July 1, 1944, ch. 373, title III, § 363, 58 Stat. 704;
Pub. L. 107–188, title I, § 142(a)(3), (b)(2), June 12,
2002, 116 Stat. 626, 627.)
AMENDMENTS
2002—Pub. L. 107–188, which directed substitution of
‘‘the Secretary, in consultation with the Surgeon General,’’ for ‘‘the Surgeon General, on recommendation of
the National Advisory Health Council,’’ and striking
out of ‘‘in a communicable stage’’ after ‘‘(1) to be infected with such disease’’, in section 363 of the Public
Health Act, was executed to this section, which is section 363 of the Public Health Service Act, to reflect the
probable intent of Congress.
TRANSFER OF FUNCTIONS
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.
TERMINATION OF WAR AND EMERGENCIES
Joint Res. July 25, 1947, ch. 327, § 3, 61 Stat. 451, provided that in the interpretation of this section, the
date July 25, 1947, shall be deemed to be the date of termination of any state of war theretofore declared by
Congress and of the national emergencies proclaimed
by the President on Sept. 8, 1939, and May 27, 1941.

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

§ 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 twentyfour 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.

§ 267

(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, § 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 Wel-

§ 268

TITLE 42—THE PUBLIC HEALTH AND WELFARE

fare’’ 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.)
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.

Page 364

§ 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.
(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

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

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.

§ 270. Quarantine regulations governing civil air
navigation and civil aircraft
The Surgeon General is authorized to provide
by regulations for the application to air navigation 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

§ 272

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.)
CHANGE OF NAME
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 Judicial Procedure, and Historical and Revision note
thereunder.
TRANSFER OF FUNCTIONS
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.
Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare
and all agencies of Federal Security Agency transferred
to Department of Health, Education, and Welfare by
section 5 of Reorg. Plan No. 1 of 1953, set out as a note
under section 3501 of this title. 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.

§ 272. Administration of oaths by quarantine officers
Medical officers of the United States, when
performing duties as quarantine officers at any
port or place within the United States, are authorized to take declarations and administer

§ 273

TITLE 42—THE PUBLIC HEALTH AND WELFARE

oaths in matters pertaining to the administration of the quarantine laws and regulations of
the United States.

other related factors in each service area
of qualified organ procurement organizations;
(III) use multiple outcome measures as
part of the certification process; and
(IV) provide for a qualified organ procurement organization to appeal a decertification to the Secretary on substantive
and procedural grounds; 2

(July 1, 1944, ch. 373, title III, § 369, 58 Stat. 706.)
PART H—ORGAN TRANSPLANTS
PRIOR PROVISIONS
A prior part H related to grants to Alaska for mental
health, prior to the general revision of part H by Pub.
L. 98–507, title II, § 201, Oct. 19, 1984, 98 Stat. 2342.
Another prior part H, entitled ‘‘National Library of
Medicine’’, as added by act Aug. 3, 1956, ch. 907, 70 Stat.
960, was redesignated part I and classified to section 275
et seq. of this title, prior to repeal by Pub. L. 99–158.

§ 273. Organ procurement organizations
(a) Grant authority of Secretary
(1) The Secretary may make grants for the
planning of qualified organ procurement organizations described in subsection (b) of this section.
(2) The Secretary may make grants for the establishment, initial operation, consolidation,
and expansion of qualified organ procurement
organizations described in subsection (b) of this
section.
(b) Qualified organizations
(1) A qualified organ procurement organization for which grants may be made under subsection (a) of this section is an organization
which, as determined by the Secretary, will
carry out the functions described in paragraph
(2) 1 and—
(A) is a nonprofit entity,
(B) has accounting and other fiscal procedures (as specified by the Secretary) necessary
to assure the fiscal stability of the organization,
(C) has an agreement with the Secretary to
be reimbursed under title XVIII of the Social
Security Act [42 U.S.C. 1395 et seq.] for the
procurement of kidneys,
(D) notwithstanding any other provision of
law, has met the other requirements of this
section and has been certified or recertified by
the Secretary within the previous 4-year period as meeting the performance standards to
be a qualified organ procurement organization
through a process that either—
(i) granted certification or recertification
within such 4-year period with such certification or recertification in effect as of January 1, 2000, and remaining in effect through
the earlier of—
(I) January 1, 2002; or
(II) the completion of recertification
under the requirements of clause (ii); or
(ii) is defined through regulations that are
promulgated by the Secretary by not later
than January 1, 2002, that—
(I) require recertifications of qualified
organ procurement organizations not more
frequently than once every 4 years;
(II) rely on outcome and process performance measures that are based on empirical evidence, obtained through reasonable efforts, of organ donor potential and

(E) has procedures to obtain payment for
non-renal organs provided to transplant centers,
(F) has a defined service area that is of sufficient size to assure maximum effectiveness in
the procurement and equitable distribution of
organs, and that either includes an entire metropolitan statistical area (as specified by the
Director of the Office of Management and
Budget) or does not include any part of the
area,
(G) has a director and such other staff, including the organ donation coordinators and
organ procurement specialists necessary to effectively obtain organs from donors in its
service area, and
(H) has a board of directors or an advisory
board which—
(i) is composed of—
(I) members who represent hospital administrators, intensive care or emergency
room personnel, tissue banks, and voluntary health associations in its service
area,
(II) members who represent the public
residing in such area,
(III) a physician with knowledge, experience,
or
skill
in
the
field
of
histocompatability 3 or an individual with
a doctorate degree in a biological science
with knowledge, experience, or skill in the
field of histocompatibility,
(IV) a physician with knowledge or skill
in the field of neurology, and
(V) from each transplant center in its
service area which has arrangements described in paragraph (2)(G) 1 with the organization, a member who is a surgeon who
has practicing privileges in such center
and who performs organ transplant surgery,
(ii) has the authority to recommend policies for the procurement of organs and the
other functions described in paragraph (2),1
and
(iii) has no authority over any other activity of the organization.
(2)(A) Not later than 90 days after November
16, 1990, the Secretary shall publish in the Federal Register a notice of proposed rulemaking to
establish criteria for determining whether an
entity meets the requirement established in
paragraph (1)(E).1
(B) Not later than 1 year after November 16,
1990, the Secretary shall publish in the Federal
Register a final rule to establish the criteria described in subparagraph (A).
(3) An organ procurement organization shall—
2 So

1 See

References in Text note below.

Page 366

3 So

in original. The semicolon probably should be a comma.
in original. Probably should be ‘‘histocompatibility’’.