COVID–19 Border Protection (CBP) Act
Bill: H.R.2076 | Sponsor: Rep. Clyde, Andrew S. (R-GA)
Policy area: Immigration

Summary:
COVID-19 Border Protection (CBP) Act
This bill requires the Department of Homeland Security (DHS) to devise and implement a strategy to ensure that no alien with COVID-19 (i.e., coronavirus disease 2019) in DHS or Department of Health and Human Services custody may be released into the community during a public health emergency related to COVID-19.
Funds previously provided to the Department of State for supporting international efforts to help migrants and refugees respond to COVID-19 shall be transferred to DHS to implement this strategy.

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.

    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 ``COVID-19 Border Protection (CBP) 
Act''.

SEC. 2. STRATEGY RELATING TO RELEASE OF ALIENS WHO MAY HAVE A 
              COMMUNICABLE DISEASE DURING A PUBLIC HEALTH EMERGENCY.

    (a) In General.--Not later than 45 days after the date of the 
enactment of this Act, the Secretary of Homeland Security, in 
consultation with the Secretary of Health and Human Services, shall 
finalize a strategy to ensure that no alien in the custody of the 
Secretary of Homeland Security, as well as no unaccompanied alien child 
in the custody of the Secretary of Health and Human Services, is 
released into a community in the United States during a public health 
emergency related to coronavirus if the individual may have a 
communicable disease relating to any public health emergency. The 
Secretary shall implement the strategy not later than 15 days after the 
date on which the strategy is finalized, and shall submit a copy of the 
strategy to the Congress not later than 72 hours after such 
finalization.
    (b) COVID Testing.--The strategy developed under subsection (a) 
shall include a plan--
            (1) to test aliens coming across the United States border 
        for COVID-19; and
            (2) to quarantine aliens in the event of a positive COVID-
        19 case.
    (c) Definition.--For purposes of subsection (a), the term ``public 
health emergency'' means--
            (1) a public health emergency declared by the Secretary of 
        Health and Human Services pursuant to section 319 of the Public 
        Health Service Act (42 U.S.C. 247d) on January 31, 2020, with 
        respect to the Coronavirus Disease 2019 (COVID-19), including 
        any renewal;
            (2) a public health emergency declared for COVID-19 by any 
        State, including any renewal; or
            (3) any period for which the Director of the Centers for 
        Disease Control and Prevention increases the travelers' health 
        risk level for introducing, transmitting, and spreading COVID-
        19 in or from Canada, Mexico, or both, to above Level 1.
    (d) Funding.--To the extent provided in advance in appropriations 
Acts, the cost of implementing the strategy under subsection (a) shall 
be derived from transferring to the Secretary of Homeland Security 
$100,000,000 from the amount appropriated to the Secretary of State 
under section 10004 of the American Rescue Plan Act of 2021 (Public Law 
117-2).
                                 <all>