238 lines
12 KiB
Plaintext
238 lines
12 KiB
Plaintext
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NASA, The Code of Federal Regulations,
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and Extraterrestrial Exposure
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The main body of this file contains the entire contents of the Code of
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Federal Regulations, Title 14, Section 1211, 14 CFR Ch.5 (1-1-91
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Edition). Section 1211 _does not exist_ in the 1992 CFR. NASA removed
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part 1211 on April 26, 1991. The section dealt with quarantine
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procedures for NASA personnel and equipment that came in contact with
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extraterrestrial material. The primary concern seems to have been the
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lunar landing missions and subsequent isolation of returned personnel and
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materials.
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Some in the UFO community would have you believe that, through this
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regulation, the government has the power to detain and quarantine *any*
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citizen who has extraterrestrial contact of any kind, or to initiate such
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contact. That simply ain't true, folks. In the first place, the
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regulation is directed specifically at NASA personnel and equipment, so
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even when it was in force Joe Average wouldn't have been affected.
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Secondly, part 1211 has been removed.
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Preceding CFR 14 part 1211, 1-1-91 is the entry in the Federal Register
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that eliminated the entire section.
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From the Federal Register, Vol. 56, No. 81
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Friday, April 26, 1991
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Rules and Regulations
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
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14 CFR Part1211
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Extraterrestrial Exposure
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Agency: National Aeronautics and Space Administration (NASA)
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Action: Final rule.
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Summary: NASA is removing 14 CFR part 1211 since it has served its
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purpose and is no longer in keeping with current policy.
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Effective Date: April 26, 1991.
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Addresses: Office of Space Science and Applications, Code S, NASA
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Headquarters, Washington, DC 20546.
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For further information contact:
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Kathryn S. Schmoll, 202-453-1410.
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List of Subjects in 14 CR Part 1211
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Extraterrestrial exposure, Environmental protection, Security
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measures, Space transportation and exploration.
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PART 1211--(REMOVED)
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14CFR part 1211 (Consisting of 1211.100 through 1211.108) is hereby
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removed and reserved.
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Richard H. Truly,
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Administrator
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[FR Doc. 91-9904 Filed 4-25-91; 8:45 am]
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Billing Code 7510-01-M
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14 CFR Ch. 5 (1-1-91 Edition)
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National Aeronautics and Space Administration
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PART 1211--EXTRATERRESTRIAL EXPOSURE
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Sec.
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1211.100 Scope.
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1211.101 Applicability.
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1211.102 Definitions.
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1211.103 Authority.
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1211.105 Relationship with Departments of Health, Education, and
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Welfare and Agriculture.
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1211.106 Cooperation with States, territories and possessions.
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1211.107 Court or other process.
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1211.108 Violations.
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Authority: Secs. 203, 304, 72 Stat. 429, 433; 42 U.S.C. 2455, 2456,
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2473; 18 U.S.C. 799; Art. IX, TIAS 6347 (18 UST 2416).
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Source: 34 FR 11975, July 16, 1969, unless otherwise noted.
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S1211.100 Scope.
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This part establishes:
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(a) NASA policy, responsibility and authority to guard the Earth
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against any harmful contamination or adverse changes in its environment
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resulting from personnel, spacecraft and other property returning to the
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Earth after landing on or coming within the atmospheric envelope of a
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celestial body; and
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(b) Security requirements, restrictions and safeguards that are
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necessary in the interest of the national security.
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S1211.101 Applicability.
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The provisions of this part apply to all NASA manned and unmanned
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space missions which land on or come within the atmospheric envelope of a
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celestial body and return to Earth.
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S1211.102 Definitions.
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(a) _NASA_ and the _Administrator_ mean, respectively the National
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Aeronautics and Space Administration and the Administrator of the
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National Aeronautics and Space Administration or his authorized
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representative (see S1204.509 of this chapter).
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(b) _Extraterrestrially exposed_ means the state or condition of any
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person, property, animal or other form of life or matter whatever, who or
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which has:
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(1) Touched directly or come within the atmospheric envelope of any
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other celestial body; or
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(2) Touched directly or been in close proximity to (or been exposed
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indirectly to) any person, property, animal or other form of life or
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matter who or which has been extraterrestrially exposed by virtue of
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paragraph (b)(1) of this section.
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For example, if person or thing "A" touches the surface
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of the moon, and on "A's" return to Earth, "B" touches
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"A" and subsequently, "C" touches "B", all of these--
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"A" through "C" inclusive--would be extraterrestrially
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exposed ("A" and "B" directly; "C" indirectly).
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(c) _Quarantine_ means the detention, examination and decontamination
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of any person, property, animal or other form of life or matter whatever
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that is extraterrestrially exposed, and includes the apprehension or
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seizure of such person, property, animal or other form of life or matter
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whatever.
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(d) _Quarantine period_ means a period of consecutive calendar days
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as may be established in accordance with S1211.104(a).
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(e) _United States_ means the 50 States, the District of Columbia,
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the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa
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and any other territory or possession of the United States, and in a
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territorial sense all places and waters subject to the jurisdiction of
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the United States.
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S1211.103 Authority.
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(a) Sections 203 and 204 of the National Aeronautics and Space Act of
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1958, as amended (42 U.S.C. 2474, 2455 and 2456).
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(b) 18 U.S.C. 799.
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(c) Article IX, Outer Space Treaty, TIAS 6347 (18UST 2416).
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(d) NASA Management Instructions 1052.90 and 8020.13.
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S1211.104 Policy.
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(a) _Administrative actions._ The Administrator or his designee as
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authorized by S1204.509 of this chapter shall in his discretion:
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(1) Determine the beginning and duration of a quarantine period with
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respect to any space mission; the quarantine period as it applies to
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various life forms will be announced.
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(2) Designate in writing quarantine officers to exercise quarantine
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authority.
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(3) Determine that a particular person, property, animal or other
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form of life or matter whatever is extraterrestrially exposed and
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quarantine such person, property, animal or other form of life or matter
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whatever. The quarantine may be based only on a determination, with or
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without the benefit of a hearing, that there is probable cause to believe
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that such person, property, animal or other form of life or matter
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whatever is extraterrestrially exposed.
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(4) Determine within the United States or within vessels or vehicles
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of the United States the place, boundaries, and rules of operation of
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necessary quarantine stations.
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(5) Provide for guard services by contract or otherwise, as may be
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necessary, to maintain security and inviolability of quarantine stations
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and quarantined persons, property, animals, or other form of life or
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matter whatever.
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(6) Provide for the subsistence, health, and welfare of persons
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quarantined under the provisions of this part.
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(7) Hold such hearings at such times, in such a manner and for such
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purposes as may be desirable or necessary under this part, including
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hearings for the purpose of creating a record for use in making any
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determination under this part or for the purpose of reviewing any such
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determination.
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(8) Cooperate with the Department of Health, Education and Welfare
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and the Department of Agriculture in accordance with the provisions of
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S1211.105.
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(9) Take such other actions as may be prudent or necessary and which
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are consistent with this part.
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(b) _Quarantine._ (1) During any period of announced quarantine, the
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property within the posted perimeter of the Lunar Receiving Laboratory at
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the Manned Spacecraft Center, Houston, Tex., is designated as the NASA
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Lunar Receiving Laboratory Quarantine Station.
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(2) Other quarantine stations may be established if determined
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necessary as provided in paragraph (a)(4) of this section.
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(3) During any period of announced quarantine, no person shall enter
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or depart from the limits of any quarantine station without permission of
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the cognizant NASA quarantine officer. During such period, the posted
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perimeter of a quarantine station shall be secured by armed guard.
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(4) Any person who enters the limits of any quarantine station during
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the quarantine period shall be deemed to have consented to the quarantine
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of his person if it is determined that he is or has become
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extraterrestrially exposed.
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(5) At the earliest practicable time, each person who is quarantined
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by NASA shall be given a reasonable opportunity to communicate by
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telephone with legal counsel or other persons of his choice.
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S1211.105 Relationship with Departments of Health, Education and
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Welfare and Agriculture.
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(a) If either the Department of Health, Education and Welfare or the
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Department of Agriculture exercises its authority to quarantine an
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extraterrestrially exposed person, property, animal or other form of life
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or matter whatever, NASA will, except as provided in paragraph (c) of
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this section, not exercise the authority to quarantine that same person,
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property, animal, or other form of life or matter whatever. In such
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cases, NASA will offer to these departments the use of the Lunar
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Receiving Laboratory Quarantine Station and such other service,
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equipment, personnel, and facilities as may be necessary to ensure an
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effective quarantine.
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(b) If neither the Department of Health, Education, and Welfare or
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the Department of Agriculture exercises its quarantine authority. NASA
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shall exercise the authority to quarantine and extraterrestrially exposed
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person, property, animal, or other form of life or matter whatever. In
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such cases, NASA will inform these departments of such quarantine action
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and, in addition, may request the use of such service, equipment,
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personnel and facilities of other Federal departments and agencies as may
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be necessary to ensure an effective quarantine.
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(c) NASA shall quarantine NASA astronauts and other NASA personnel
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as determined necessary and all NASA property involved in any space
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mission.
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S1211.106 Cooperation with States, territories, and possessions.
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(a) Actions taken in accordance with the provisions of this part
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shall be exercised in cooperation with the applicable authority of any
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State, territory, possession or any political subdivision thereof.
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S1211.107 Court or other process.
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(a) NASA officers and employees are prohibited from discharging from
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the limits of a quarantine station any quarantined person, property,
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animal or other form of life or matter whatever during order or other
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request, order or demand an announced quarantine period in compliance
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with subpoena, show cause of any court or other authority without the
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prior approval of the General Counsel and the Administrator.
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(b) Where approval to discharge a quarantined person, property,
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animal, or other form of life or matter whatever in compliance with such
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a request, order or demand of any court or other authority is not given,
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the person to whom it is directed shall, if possible, appear in court or
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before the other authority and respectfully state his inability to
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comply, relying for his action upon this S1211.107.
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S1211.108 Violations.
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Whoever willfully violates, attempts to violate, or conspires to
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violate any provision of this part or any regulation or order issued
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under t his part or who enters or departs from the limits of any
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quarantine station in disregard of the quarantine rules or regulations
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or without permission of the NASA quarantine officer shall be fined not
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more than $5,000 or imprisoned not more than 1 year, or both (18 U.S.C.
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799).
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[End]
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