42 U.S.C. § 97 — State health laws observed by United States officers

submitted 111 years ago by Pub. L. 96-88 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 140 words · no verdicts yet

in plain englishAI-generated · not legal advice

Federal officers — customs officers, Coast Guard crews, and military commanders at coastal posts — must follow state quarantine and health laws for arriving ships. They must help enforce those laws as the Secretary of Health and Human Services directs, but states still can't collect certain shipping fees without Congress's OK.

State health laws set quarantines and other rules for ships arriving at or heading to that state's ports. Federal officers must follow those rules. This duty applies to customs revenue officers, the masters and crews of Coast Guard vessels, and military officers commanding coastal forts or stations. All these federal officers must faithfully help carry out the state quarantines and health laws, each within their own powers and area, following directions the Secretary of Health and Human Services gives from time to time. But nothing in title 58 of the Revised Statutes lets a state collect a “duty of tonnage” (a fee based on a ship's size) or an “impost” (an import tax) without Congress's consent.

the actual law source: uscode.house.gov ↗public domain

The quarantines and other restraints established by the health laws of any State, respecting any vessels arriving in, or bound to, any port or district thereof, shall be duly observed by the officers of the customs revenue of the United States, by the masters and crews of the several Coast Guard vessels, and by the military officers commanding in any fort or station upon the seacoast; and all such officers of the United States shall faithfully aid in the execution of such quarantines and health laws, according to their respective powers and within their respective precincts, and as they shall be directed, from time to time, by the Secretary of Health and Human Services. But nothing in title 58 of the Revised Statutes shall enable any State to collect a duty of tonnage or impost without the consent of Congress.

Source credit: (R.S. § 4792; Jan. 28, 1915, ch. 20, § 1, 38 Stat. 800; 1939 Reorg. Plan No. I, § 201, eff. July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; Aug. 4, 1949, ch. 393, §§ 1, 20, 63 Stat. 496, 561; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.)

history & why it existsrecord from the source credit

1915Enacted · Act of Jan. 28, 1915, ch. 20 · 38 Stat. 800
1949Amended · Act of Aug. 4, 1949, ch. 393 · 63 Stat. 496, 561
1979Amended · Pub. L. 96-88 · 93 Stat. 695

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-88 on 1915-01-28.

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