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Federal Authority
•U.S. Constitution
–Commerce Clause (Article 1, Sec. 8)
•Public Health Service Act (42 U.S.C. 264)
•Homeland Security Act of 2002
•U.S. Dept. of Health & Human Services (USDHHS)
–Health Resources Services Administration (HRSA)
–Centers for Disease Control and Prevention (CDC)
–Centers for Medicare & Medicaid Services (CMS)
Speaking Points

While in practice protecting the health and welfare of a state’s own residents is usually within the authority of the state, there is relevant federal authority that you are likely to encounter and which you should be able to recognize.

The federal authority over public health matters stems from the Commerce Clause of the U.S. Constitution, which grants the federal government the authority to regulate matters that affect commerce among the states. This has been interpreted over the years by courts to include various areas of public health, including environmental health, food and drug safety and occupational safety.

The Public Health Service Act and the Homeland Security Act of 2002 are examples of federal laws, enacted by Congress, that grant the federal government authority to regulate certain aspects of public health.

For example, the Public Health Service Act, in Title 42 of the United States Code, section 264, describes the authority of the Surgeon General to make and enforce rules to prevent the spread of communicable diseases from a foreign country to the United States, or from one state to another.

Federal administrative agencies, from the Executive Branch, with which you should be familiar, include the U.S. Department of Health and Human Services, and the these agencies within it….HRSA, CDC, and CMS.