I 

117TH CONGRESS 

1ST SESSION H. R. 2076 

To direct the Secretary of Homeland Security to create a strategy to ensure 

no individual in custody is released into the community during a public 

health emergency related to coronavirus if the individual may have a 

communicable disease relating to any public health emergency, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 19, 2021 

Mr. CLYDE (for himself, Mr. KATKO, Mr. BISHOP of North Carolina, Mr. 

NORMAN, Mr. GIMENEZ, Mr. GARBARINO, Mr. GUEST, Mr. HIGGINS of 

Louisiana, Mr. VAN DREW, Mr. C. SCOTT FRANKLIN of Florida, Mr. 

SIMPSON, Mr. MAST, Mrs. CAMMACK, Mrs. MILLER of Illinois, Ms. VAN

DUYNE, Ms. TENNEY, Mr. GOSAR, Mr. MOONEY, Mr. ROSE, Mr. 

SCHWEIKERT, Mr. CARTER of Georgia, Mr. WEBER of Texas, Ms. 

GRANGER, Mr. CARTER of Texas, Mrs. HARSHBARGER, and Mr. MEIJER) 

introduced the following bill; which was referred to the Committee on the 

Judiciary, and in addition to the Committees on Homeland Security, and 

Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To direct the Secretary of Homeland Security to create a 

strategy to ensure no individual in custody is released 

into the community during a public health emergency 

related to coronavirus if the individual may have a communicable disease relating to any public health emergency, and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘COVID–19 Border 

5 Protection (CBP) Act’’. 

6 SEC. 2. STRATEGY RELATING TO RELEASE OF ALIENS WHO 

7 MAY HAVE A COMMUNICABLE DISEASE DUR8 ING A PUBLIC HEALTH EMERGENCY. 

9 (a) IN GENERAL.—Not later than 45 days after the 

10 date of the enactment of this Act, the Secretary of Home11 land Security, in consultation with the Secretary of Health 

12 and Human Services, shall finalize a strategy to ensure 

13 that no alien in the custody of the Secretary of Homeland 

14 Security, as well as no unaccompanied alien child in the 

15 custody of the Secretary of Health and Human Services, 

16 is released into a community in the United States during 

17 a public health emergency related to coronavirus if the in18 dividual may have a communicable disease relating to any 

19 public health emergency. The Secretary shall implement 

20 the strategy not later than 15 days after the date on which 

21 the strategy is finalized, and shall submit a copy of the 

22 strategy to the Congress not later than 72 hours after 

23 such finalization. 

24 (b) COVID TESTING.—The strategy developed under 

25 subsection (a) shall include a plan— 


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1 (1) to test aliens coming across the United 

2 States border for COVID–19; and 

3 (2) to quarantine aliens in the event of a posi4 tive COVID–19 case. 

5 (c) DEFINITION.—For purposes of subsection (a), the 

6 term ‘‘public health emergency’’ means— 

7 (1) a public health emergency declared by the 

8 Secretary of Health and Human Services pursuant 

9 to section 319 of the Public Health Service Act (42 

10 U.S.C. 247d) on January 31, 2020, with respect to 

11 the Coronavirus Disease 2019 (COVID–19), includ12 ing any renewal; 

13 (2) a public health emergency declared for 

14 COVID–19 by any State, including any renewal; or 

15 (3) any period for which the Director of the 

16 Centers for Disease Control and Prevention in17 creases the travelers’ health risk level for intro18 ducing, transmitting, and spreading COVID–19 in 

19 or from Canada, Mexico, or both, to above Level 1. 

20 (d) FUNDING.—To the extent provided in advance in 

21 appropriations Acts, the cost of implementing the strategy 

22 under subsection (a) shall be derived from transferring to 

23 the Secretary of Homeland Security $100,000,000 from 

24 the amount appropriated to the Secretary of State under 


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1 section 10004 of the American Rescue Plan Act of 2021 

2 (Public Law 117–2). 

Æ 


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