Scope of CDC authority under section 361 of the Public Health Service Act (PHSA) / Wen W. Shen.

Format:

Government document

Journal/Periodical

Author/Creator:

Shen, Wen W., author.

Contributor:

Library of Congress. Congressional Research Service, issuing body.

Series:

CRS report for Congress ; R46758.

Report / Congressional Research Service ; R46758

Language:

English

Subjects (All):

Centers for Disease Control and Prevention (U.S.).

United States. Public Law 95-83.

United States.

Public Law 95-83 (United States).

Public health laws--United States.

Public health laws.

COVID-19 Pandemic, 2020-2023--United States.

COVID-19 Pandemic, 2020-2023.

Genre:

bibliographies.

Bibliographies.

Physical Description:

1 online resource.

Irregular

Began with April 13, 2021 report

Edition:

[Library of Congress public edition].

Contained In:

Contained in (work): CRS reports (Library of Congress. Congressional Research Service)

Other Title:

Scope of Centers for Disease Control authority under section 361 of the Public Health Service Act (PHSA)

Place of Publication:

[Washington, D.C.] : Congressional Research Service, 2021-

System Details:

text file

PDF

Summary:

This report analyzes the potential scope of agency authority under Section 361. It begins by providing background regarding Section 361's text and enactment, followed by an overview of the legal principles relevant to analyzing the provision's scope. The report then applies these principles to conclude that transmission control measures that implicate major political and economic questions, or otherwise exceed agency expertise, potentially exceed the bounds of agency discretion under Section 361. The report further considers the text, structure, and legislative history of Section 361 and surmises that the provision may be susceptible to at least two plausible constructions. Under the narrower construction, the authority under Section 361(a) to issue "necessary" regulations would be limited to steps necessary in the enforcement of quarantine. Under a broader reading of Section 361, this authority would encompass any evidenced-based public health measures that do not otherwise involve major political and economic questions, or otherwise exceed constitutional limits. In the context of the COVID-19 pandemic, this broader construction may include, for ins tance, the authority to mandate face coverings to prevent the interstate and foreign spread of the disease. The report concludes with some considerations for Congress in light of the preceding analysis

Notes:

The CRS report web page provides access to all versions published since 2018 in accordance with P.L. 115-141.

Report includes bibliographical references.

Contents viewed on January 12, 2022; title from CRS report web page.

OCLC:

1246246170