Public Health and Border Security Act of 2022
Bill: S.4036 | Sponsor: Sen. Lankford, James (R-OK)
Policy area: Health

Summary:
Public Health and Border Security Act of 2022
This bill requires the Department of Health and Human Services (HHS) to meet conditions related to notification and planning before terminating certain restrictions on imports and individuals entering the United States.
Current law authorizes HHS to restrict entries and imports from foreign countries to prevent the introduction of communicable diseases. HHS exercised this authority as part of its COVID-19 response, including to allow for the expulsion of undocumented migrants at the border without any asylum processing.
Under this bill, HHS may not terminate the restrictions for (1) at least 60 days after it notifies Congress of the end of the COVID-19 emergency, and (2) at least 30 days after it submits to Congress a plan for addressing the possible influx of migrants or imports resulting from lifting the restrictions.

To establish a procedure for terminating a determination by Surgeon 
 General to suspend certain entries and imports from designated places.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Public Health and Border Security 
Act of 2022''.

SEC. 2. TERMINATION OF SUSPENSION OF ENTRIES AND IMPORTS FROM 
              DESIGNATED PLACES RELATED TO THE COVID-19 PANDEMIC.

    (a) In General.--An order of suspension issued under section 362 of 
the Public Health Service Act (42 U.S.C. 265) as a result of the public 
health emergency relating to the Coronavirus Disease 2019 (COVID-19) 
pandemic declared under section 319 of such Act (42 U.S.C. 247d) on 
January 31, 2020, and any continuation of such declaration (including 
the continuation described in Proclamation 9994 on February 24, 2021), 
shall be lifted not earlier than 60 days after the date on which the 
Surgeon General provides written notification to the appropriate 
authorizing and appropriating committees of Congress that such public 
health emergency declaration (including the continuation described in 
Proclamation 9994 on February 24, 2021) have been terminated.
    (b) Procedures During 60-Day Termination Window.--
            (1) Plan.--Not later than 30 days after the date on which a 
        written notification is provided under subsection (a) with 
        respect to an order of suspension, the Surgeon General, in 
        consultation with the Secretary of Homeland Security, and the 
        head of any other Federal agency, State, local or Tribal 
        government, or nongovernmental organization that has a role in 
        managing outcomes associated with the suspension, as determined 
        by the Surgeon General (or the designee of the Surgeon 
        General), shall develop and submit to the appropriate 
        committees of Congress, a plan to address any possible influx 
        of entries or imports, as defined in such order of suspension, 
        related to the termination of such order.
            (2) Failure to submit.--If a plan under paragraph (1) is 
        not submitted to the appropriate committees of Congress within 
        the 30-day period described in such paragraph, not later than 7 
        days after the expiration of such 30-day period, the Secretary 
        shall notify the appropriate committees of Congress, in 
        writing, of the status of preparing such a plan and the timing 
        for submission as required under paragraph (1). The termination 
        of order related to such plan shall be delayed until that date 
        that is 30 days after the date on which such plan is submitted 
        to such committees.
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