{ "id": "RL33201", "type": "CRS Report", "typeId": "REPORTS", "number": "RL33201", "active": true, "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department", "versions": [ { "source": "EveryCRSReport.com", "id": 434844, "date": "2014-10-09", "retrieved": "2016-04-06T20:01:26.189371", "title": "Federal and State Quarantine and Isolation Authority", "summary": "In the wake of increasing fears about the spread of highly contagious diseases, federal, state, and local governments have become increasingly aware of the need for a comprehensive public health response to such events. An effective response could include the quarantine of persons exposed to infectious biological agents that are naturally occurring or released during a terrorist attack, the isolation of infected persons, and the quarantine of certain cities or neighborhoods.\nThe public health authority of the states derives from the police powers granted by their constitutions and reserved to them by the Tenth Amendment to the U.S. Constitution. The authority of the federal government to prescribe quarantine and other health measures is based on the Commerce Clause, which gives Congress exclusive authority to regulate interstate and foreign commerce. Thus, state and local governments have the primary authority to control the spread of dangerous diseases within their jurisdictions, and the federal government has authority to quarantine and impose other health measures to prevent the spread of diseases from foreign countries and between states. In addition, the federal government may assist state efforts to prevent the spread of communicable diseases if requested by a state or if state efforts are inadequate to halt the spread of disease.\nThis report provides an overview of federal and state public health laws as they relate to the quarantine and isolation of individuals and a discussion of constitutional issues that may be raised should individual liberties be restricted in a quarantine or isolation situation.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/RL33201", "sha1": "2e88f3e5ba8d635c0935cdcfe633cbafad544f12", "filename": "files/20141009_RL33201_2e88f3e5ba8d635c0935cdcfe633cbafad544f12.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RL33201", "sha1": "842bccaf9637fc82b9ab1b641636eadb67d8342e", "filename": "files/20141009_RL33201_842bccaf9637fc82b9ab1b641636eadb67d8342e.pdf", "images": null } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc821464/", "id": "RL33201_2007Jan23", "date": "2007-01-23", "retrieved": "2016-03-19T13:57:26", "title": "Federal and State Quarantine and Isolation Authority", "summary": "This report provides an overview of federal and state public health laws as they relate to the quarantine and isolation of individuals, a discussion of constitutional issues that may be raised should individual liberties be restricted in a quarantine situation, and federalism questions that may arise where federal and state authorities overlap. In addition, the possible role of the armed forces in enforcing public health measures is discussed, specifically whether the Posse Comitatus Act would constrain any military role, and other statutory authorities that may be used for the military\r\nenforcement of health measures.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20070123_RL33201_cc358ae248926ba8393821b0545cf66ec1eda82a.pdf" }, { "format": "HTML", "filename": "files/20070123_RL33201_cc358ae248926ba8393821b0545cf66ec1eda82a.html" } ], "topics": [ { "source": "LIV", "id": "Law", "name": "Law" }, { "source": "LIV", "id": "State and local government", "name": "State and local government" }, { "source": "LIV", "id": "Quarantine -- State laws", "name": "Quarantine -- State laws" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metacrs10348/", "id": "RL33201_2006Aug16", "date": "2006-08-16", "retrieved": "2008-12-11T20:27:13", "title": "Federal and State Quarantine and Isolation Authority", "summary": "This report provides an overview of federal and state public health laws as they relate to the quarantine and isolation of individuals, a discussion of constitutional issues that may be raised should individual liberties be restricted in a quarantine situation, and federalism questions that may arise where federal and state authorities overlap. In addition, the possible role of the armed forces in enforcing public health measures is discussed, specifically whether the Posse Comitatus Act would constrain any military role, and other statutory authorities that may be used for the military enforcement of health measures.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20060816_RL33201_3e0afca0627258b4889b16900444f4fa55e63e1b.pdf" }, { "format": "HTML", "filename": "files/20060816_RL33201_3e0afca0627258b4889b16900444f4fa55e63e1b.html" } ], "topics": [ { "source": "LIV", "id": "Law", "name": "Law" }, { "source": "LIV", "id": "State and local government", "name": "State and local government" }, { "source": "LIV", "id": "Quarantine - State laws", "name": "Quarantine - State laws" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metacrs8052/", "id": "RL33201_2005Dec12", "date": "2005-12-12", "retrieved": "2006-02-14T17:21:34", "title": "Federal and State Quarantine and Isolation Authority", "summary": "This report provides an overview of federal and state public health laws as they\r\nrelate to the quarantine and isolation of individuals, a discussion of constitutional\r\nissues that may be raised should individual liberties be restricted in a quarantine\r\nsituation, and federalism questions that may arise where federal and state authorities\r\noverlap. In addition, the possible role of the armed forces in enforcing public health\r\nmeasures is discussed, specifically whether the Posse Comitatus Act would constrain\r\nany military role, and other statutory authorities that may be used for the military\r\nenforcement of health measures.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20051212_RL33201_0e58222fc071eb4d045cf7e1e7f7d8bbf7cab189.pdf" }, { "format": "HTML", "filename": "files/20051212_RL33201_0e58222fc071eb4d045cf7e1e7f7d8bbf7cab189.html" } ], "topics": [ { "source": "LIV", "id": "Law", "name": "Law" }, { "source": "LIV", "id": "Quarantine - State laws", "name": "Quarantine - State laws" }, { "source": "LIV", "id": "Quarantine - Law - U.S.", "name": "Quarantine - Law - U.S." }, { "source": "LIV", "id": "State and local government", "name": "State and local government" } ] } ], "topics": [ "Constitutional Questions", "Intelligence and National Security" ] }