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CRS Report for Congress: Federal and State Quarantine and Isolation Authority
Date: January 23, 2007
Author: Kathleen S. Swendiman and Jennifer K. Elsea
Institution: Congressional Research Service
Bibliographic Entry: Swendiman, Kathleen S. and Jennifer K. Elsea (2007). “CRS Report for Congress: Federal and State Quarantine and Isolation Authority.” Congressional Research Service: Washington D.C. (Accessed on June 20, 2007 at http://www.fas.org/sgp/crs/misc/RL33201.pdf).
Electronic Link: http://www.fas.org/sgp/crs/misc/RL33201.pdf
Key Words: Federal quarantine authority, constitutional issues, Model State Emergency Health Powers Act, Commerce Clause, Posse Comitatus Act, SARS
Summary of Key Points, Issues, Conclusions:
This report compiled by the Congressional Research Service provides a comprehensive overview of federal and state public health laws, specifically those that relate to the quarantine of individuals. Additionally, the report undertakes discussion of constitutional issues and questions concerning individual liberties that are raised in a quarantine situation. The Commerce Clause is clear that authority is given to the federal government to prescribe quarantine, which leaves state and local governments responsible for controlling the spread of threatening diseases within their jurisdictions. However, because some state laws have not been updated to include plans for the most relevant, threatening diseases of today, public health experts developed a guide for states to look to as they reevaluate their own emergency response plans. This Model State Emergency Health Powers Act is discussed in the detailed report which hopes to provide awareness to governments of the most current public health laws and response plans.
Name of Researcher: Tara Stockberger
Institution: Integrative Center for Homeland Security, Texas A&M University
Date: June 20, 2007