Kay Hagan Tick Reauthorization Act

SI-generated grade · five published checks · not individually reviewed by a person · methodology

The bill reauthorizes CDC activities to address vector-borne diseases, which falls within the federal government's enumerated power to spend for the general welfare and to regulate interstate commerce, as diseases spread across state lines. It does not infringe on individual rights, and it appropriately delegates implementation to state and local health departments. However, the bill centralizes strategy and funding at the federal level, which raises minor decentralization concerns, but the cooperative structure mitigates this. Overall, the bill is constitutional with minor structural tension.

• ✓ Passes · Enumerated powers
  The federal government has authority to spend for the general welfare under Article I, Section 8, Clause 1, and to regulate interstate commerce under Article I, Section 8, Clause 3. Vector-borne diseases do not respect state borders, and a national strategy to prevent and respond to such diseases is a legitimate exercise of the spending power and commerce power. The bill authorizes grants and coop…
• ✓ Passes · Bill of Rights
  The bill does not restrict speech, religion, assembly, press, petition, the right to bear arms, or any other enumerated right. It imposes no searches or seizures, no self-incrimination, no deprivation of life, liberty, or property without due process, and no cruel or unusual punishment. The activities are public health measures that do not touch upon the Bill of Rights.
• ✓ Passes · Individual sovereignty
  The bill does not restrict individual autonomy over person, property, speech, labor, or belief. It provides federal funding and coordination for public health activities, but does not mandate any individual action. Individuals are not compelled to participate in any program, and no property is taken. The burden of justification for any restriction is not triggered because there is no restriction.
• ✗ Concern · Decentralization
  The bill fails the decentralization test because it consolidates decision-making at the federal level for a national strategy and funding, whereas states and localities could handle vector-borne disease prevention and response with less federal involvement. However, the bill does include cooperative agreements with state, local, and tribal health departments, which mitigates the centralization. Th…
• ✓ Passes · Due process and takings
  The bill does not bypass due process or take property without just compensation. It does not impose penalties, fines, or mandates on individuals or entities. It simply authorizes federal spending and cooperative agreements, which do not implicate the Fifth Amendment's Due Process or Takings Clauses.

Sources: Congress.gov: S 2398 summary