Legal Issues Related to the COVID-19 Outbreak: An Overview

Legal Issues Related to the COVID-19 Outbreak: An Overview

Legal Sidebari

Legal Issues Related to the COVID-19
Outbreak: An Overview
Updated June 12, 2020
The COVID-19 outbreak rapidly shifted the congressional agenda, while altering the daily lives of
millions of American residents. Alongside the many medical, economic, social, and public policy
questions raised by the pandemic are a range of legal issues. These include both short-term legal
questions related to the unfolding outbreak as well as longer-term legal issues that are anticipated to
persist in the wake of the crisis. Among the most immediate questions were those related to the scope of
state and federal authorities concerning quarantine measures, travel and entry restrictions, the movement
of medical goods, health care coverage, and the like. Of more ongoing concern may be legal issues
ranging from those related to the development of vaccines, testing, treatments, and other medical
countermeasures, to postponing national elections, to civil liability for COVID-19 exposure, to criminal
actions related to hoarding and price gouging, to providing economic assistance to individuals and
businesses, to foreclosure, eviction, and debt collection moratoria.
This Legal Sidebar provides a list of legal resources discussing these and other legal topics related to the
COVID-19 pandemic. It will be updated intermittently as additional legal issues emerge.
Congressional Research Service
https://crsreports.congress.gov
LSB10433
CRS Legal Sidebar
Prepared for Members and
Committees of Congress

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Health Care, Health Coverage & Medical Countermeasures
Quarantine, Travel Restrictions & Social Distancing
Constitutional Issues
Economic & Employment Issues
Legal Liability Issues
Public Rights & Services
Critical Goods, Procurement & Government Contracts
Criminal Matters
Health Care, Health Coverage & Medical Countermeasures
CRS Report R46379, Emergency Authorities Under the National Emergencies Act, Stafford Act, and
Public Health Service Act, coordinated by Jennifer K. Elsea.
CRS Legal Sidebar LSB10436, COVID-19: International Trade and Access to Pharmaceutical Products,
by Nina M. Hart.
CRS Legal Sidebar LSB10422, COVID-19 Medical Countermeasures: Intellectual Property and
Affordability, by Kevin J. Hickey.
CRS Legal Sidebar LSB10443, The PREP Act and COVID-19: Limiting Liability for Medical
Countermeasures, by Kevin J. Hickey.
CRS Report R46399, Legal Issues in COVID-19 Vaccine Development, by Kevin J. Hickey and Erin H.
Ward.
CRS Legal Sidebar LSB10490, HIPAA, Telehealth, and COVID-19, by Chris D. Linebaugh.
CRS Legal Sidebar LSB10430, Section 1135 Waivers and COVID-19: An Overview, by Jennifer A.
Staman.
CRS Legal Sidebar LSB10466, Agency Discretion to Manage Appropriated Funds: The WHO Funding
Announcement, by Sean M. Stiff.
CRS Legal Sidebar LSB10427, COVID-19: Legal Considerations for Bringing a New Vaccine to Market,
by Erin H. Ward.
CRS Legal Sidebar LSB10483, Testing, Testing, (Phase) 1-2-3: Legal Considerations for Clinical Trials
of Potential COVID-19 Vaccines, by Erin H. Ward.
Quarantine, Travel Restrictions & Social Distancing
CRS Legal Sidebar LSB10450, Banning Religious Assemblies to Stop the Spread of COVID-19, by
Valerie C. Brannon.
CRS Legal Sidebar LSB10458, Presidential Actions to Exclude Aliens Under INA § 212(f), by Ben
Harrington and Theresa A. Reiss.
CRS Legal Sidebar LSB10451, Freedom of Association in the Wake of Coronavirus, by Victoria L.
Killion.
CRS Legal Sidebar LSB10415, COVID-19: Current Travel Restrictions and Quarantine Measures, by
Edward C. Liu.

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CRS Legal Sidebar LSB10453, COVID-19 and Libraries: E-Books and Intellectual Property Issues, by
Kevin T. Richards.
CRS Legal Sidebar LSB10440, Webcasting in the Time of COVID-19: Copyright Implications of Remote
Worship & Distance Learning, by Kevin T. Richards.
CRS Legal Sidebar LSB10439, Entry Restrictions at the Northern and Southern Borders in Response to
COVID-19, by Kelsey Y. Santamaria and Ben Harrington.
CRS Legal Sidebar LSB10474, COVID-19 and Federal Employment Protections for Work Refusals, by
Jon O. Shimabukuro.
CRS Insight IN11335, COVID-19’s Effect on Interior Immigration Enforcement and Detention, by Hillel
R. Smith and Audrey Singer.
CRS Legal Sidebar LSB10469, Federal Authority to Lift or Modify State and Local COVID-19 “Stay-at-
Home” Orders: Frequently Asked Questions, by Jay B. Sykes.
Constitutional Issues
CRS Legal Sidebar LSB10450, Banning Religious Assemblies to Stop the Spread of COVID-19, by
Valerie C. Brannon.
CRS Legal Sidebar LSB10459, Applicability of Federal Civil Rights Laws to Recipients of CARES Act
Loans, by Jared P. Cole.
CRS Legal Sidebar LSB10449, COVID-19, Digital Surveillance, and Privacy: Fourth Amendment
Considerations, by Michael A. Foster.
CRS Legal Sidebar LSB10447, Constitutional Considerations of Remote Voting In Congress, by Todd
Garvey.
CRS Legal Sidebar LSB10463, Presidential Objections to Special Inspector General for Pandemic
Recovery Reporting Requirements, by Todd Garvey.
CRS Report R46399, Legal Issues in COVID-19 Vaccine Development, by Kevin J. Hickey and Erin H.
Ward.
CRS Report R46297, Federal Prisoners and COVID-19: Background and Authorities to Grant Release,
by Nathan James and Michael A. Foster.
CRS Legal Sidebar LSB10451, Freedom of Association in the Wake of Coronavirus, by Victoria L.
Killion.
CRS Legal Sidebar LSB10437, The Courts and COVID-19, by Joanna R. Lampe.
CRS Legal Sidebar LSB10425, Postponing Federal Elections and the COVID-19 Pandemic: Legal
Considerations, by Jacob D. Shelly.
CRS Legal Sidebar LSB10466, Agency Discretion to Manage Appropriated Funds: The WHO Funding
Announcement, by Sean M. Stiff.
CRS Legal Sidebar LSB10434, COVID-19 Response: Constitutional Protections for Private Property, by
Sean M. Stiff.
CRS Legal Sidebar LSB10469, Federal Authority to Lift or Modify State and Local COVID-19 “Stay-at-
Home” Orders: Frequently Asked Questions, by Jay B. Sykes.
CRS Legal Sidebar LSB10470, Election 2020 and the COVID-19 Pandemic: Legal Issues in Absentee
and All-Mail Voting, by L. Paige Whitaker.

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Economic & Employment Issues
CRS Legal Sidebar LSB10471, COVID-19, Workplace Accommodations, and Federal Antidiscrimination
Statutes: Selected Issues, by April J. Anderson.
CRS Legal Sidebar LSB10445, Eligibility of Religious Organizations for the CARES Act’s Paycheck
Protection Program, by Valerie C. Brannon.
CRS Legal Sidebar LSB10459, Applicability of Federal Civil Rights Laws to Recipients of CARES Act
Loans, by Jared P. Cole.
CRS In Focus IF11487, The Families First Coronavirus Response Act Leave Provisions, by Sarah A.
Donovan and Jon O. Shimabukuro.
CRS In Focus IF11519, The Families First Coronavirus Response Act: Federal Employee Leave, by
Sarah A. Donovan and Jon O. Shimabukuro.
CRS Legal Sidebar LSB10463, Presidential Objections to Special Inspector General for Pandemic
Recovery Reporting Requirements, by Todd Garvey.
CRS Legal Sidebar LSB10442, Recovery Rebates and Unemployment Compensation under the CARES
Act: Immigration-Related Eligibility Criteria, by Ben Harrington.
CRS Insight IN11320, CARES Act Eviction Moratorium, by Maggie McCarty and David H. Carpenter.
CRS In Focus IF11500, The CARES Act: Implications for Tribes, by Mainon A. Schwartz.
CRS Legal Sidebar LSB10474, COVID-19 and Federal Employment Protections for Work Refusals, by
Jon O. Shimabukuro.
CRS Legal Sidebar LSB10434, COVID-19 Response: Constitutional Protections for Private Property, by
Sean M. Stiff.
CRS Legal Sidebar LSB10472, Antitrust Enforcement During the COVID-19 Pandemic: Frequently
Asked Questions, by Jay B. Sykes.
CRS Legal Sidebar LSB10435, The Federal Reserve’s Legal Authorities for Responding to the Economic
Impacts of COVID-19, by Jay B. Sykes.
Legal Liability Issues
CRS Legal Sidebar LSB10471, COVID-19, Workplace Accommodations, and Federal Antidiscrimination
Statutes: Selected Issues, by April J. Anderson.
CRS Legal Sidebar LSB10467, Foreign Sovereign Immunity and COVID-19 Lawsuits Against China, by
Jennifer K. Elsea.
CRS Legal Sidebar LSB10443, The PREP Act and COVID-19: Limiting Liability for Medical
Countermeasures, by Kevin J. Hickey.
CRS Report R46399, Legal Issues in COVID-19 Vaccine Development, by Kevin J. Hickey and Erin H.
Ward.
CRS Legal Sidebar LSB10461, Federal Legislation Shielding Businesses and Individuals from Tort
Liability: A Legal and Historical Overview, by Kevin M. Lewis.

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Public Rights & Services
CRS Legal Sidebar LSB10447, Constitutional Considerations of Remote Voting In Congress, by Todd
Garvey.
CRS Legal Sidebar LSB10475, Broadband Connectivity and COVID-19: The FCC’s Response, by Eric
N. Holmes.
CRS Legal Sidebar LSB10437, The Courts and COVID-19, by Joanna R. Lampe.
CRS Insight IN11344, The Federal Judiciary and the Coronavirus Aid, Relief, and Economic Security Act
(“CARES Act”), by Joanna R. Lampe and Barry J. McMillion.
CRS Legal Sidebar LSB10425, Postponing Federal Elections and the COVID-19 Pandemic: Legal
Considerations, by Jacob D. Shelly.
CRS Legal Sidebar LSB10470, Election 2020 and the COVID-19 Pandemic: Legal Issues in Absentee
and All-Mail Voting, by L. Paige Whitaker.
Critical Goods, Procurement & Government Contracts
CRS Legal Sidebar LSB10428, COVID-19 and Federal Procurement Contracts, by David H. Carpenter.
CRS Legal Sidebar LSB10424, COVID-19: An Overview of Trade-Related Measures to Address Access to
Medical Goods, by Nina M. Hart.
CRS Legal Sidebar LSB10436, COVID-19: International Trade and Access to Pharmaceutical Products,
by Nina M. Hart.
CRS Legal Sidebar LSB10456, Executive Order on the Food Supply Chain and the Defense Production
Act: FAQs, by Nina M. Hart.
Criminal Matters
CRS Legal Sidebar LSB10446, An Overview of Federal Criminal Laws Implicated by the COVID-19
Pandemic, by Peter G. Berris.
CRS Legal Sidebar LSB10449, COVID-19, Digital Surveillance, and Privacy: Fourth Amendment
Considerations, by Michael A. Foster.
CRS Report R46297, Federal Prisoners and COVID-19: Background and Authorities to Grant Release,
by Nathan James and Michael A. Foster.

Author Information

Caitlain Devereaux Lewis, Coordinator

Section Research Manager

Congressional Research Service
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Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff
to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of
Congress. Information in a CRS Report should not be relied upon for purposes other than public understanding of
information that has been provided by CRS to Members of Congress in connection with CRS’s institutional role.
CRS Reports, as a work of the United States Government, are not subject to copyright protection in the United
States. Any CRS Report may be reproduced and distributed in its entirety without permission from CRS. However,
as a CRS Report may include copyrighted images or material from a third party, you may need to obtain the
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