What This Bill Does
This bill changes the Public Health Service Act to give the Secretary of Health and Human Services the power to stop people and goods from entering the United States from certain countries. The Secretary can take this action to prevent the spread of contagious diseases and to stop the import of certain illegal drugs.
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Who It Affects
People traveling from designated countries, companies importing goods from those countries, and the Secretary of Health and Human Services who makes decisions about which countries to restrict.
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Key Provisions
- The Secretary of Health and Human Services can ban or limit the entry of people and property from countries the Secretary designates, for as long as the Secretary decides is necessary. (Sec. 362(a))
- Before banning a country, the Secretary must determine that a contagious disease or certain controlled drugs exist in that foreign country and that allowing people and goods from that country creates a serious danger of bringing those diseases or drugs into the United States. (Sec. 362(b))
- The Secretary must consult with the Attorney General before making a determination about controlled substances in a foreign country. (Sec. 362(b))
- "Certain controlled substances" includes narcotic drugs, opiates, opium derivatives, stimulants, and fentanyl-related substances as defined in federal drug regulations. (Sec. 362(c))
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What Changes
The Secretary gains new power to suspend the right of people and property to enter from designated countries based on concerns about communicable diseases and certain controlled substances.
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Important Definitions
"Certain controlled substances" means five specific categories of drugs: narcotic drugs, opiates, opium derivatives, stimulants, and fentanyl-related substances as defined in federal drug regulations.
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Effective Date
Not specified in bill text
IB
Union Calendar No. 36
118TH CONGRESS
1ST SESSION
H. R. 801
[Report No. 118–53]
To amend title III of the Public Health Service Act to provide for suspension
of entries and imports from designated countries to prevent the spread
of communicable diseases and import into the United States of certain
controlled substances.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 2, 2023
Mrs. LESKO (for herself and Mrs. MILLER-MEEKS) introduced the following
bill; which was referred to the Committee on Energy and Commerce
MAY 11, 2023
Additional sponsors: Mr. ALLEN, Mrs. LUNA, Mr. MIKE GARCIA of California,
Mr. LAMALFA, Mr. GROTHMAN, Mr. BRECHEEN, Mr. CAREY, Mr. BABIN,
Mr. BARR, Mr. KUSTOFF, Mr. HIGGINS of Louisiana, Mr. SANTOS, and
Mr. BUCHANAN
MAY 11, 2023
Reported from the Committee on Energy and Commerce; committed to the
Committee of the Whole House on the State of the Union and ordered
to be printed
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•HR 801 RH
A BILL
To amend title III of the Public Health Service Act to
provide for suspension of entries and imports from des-
ignated countries to prevent the spread of communicable
diseases and import into the United States of certain
controlled substances.
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•HR 801 RH
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Securing the Border
4
for Public Health Act of 2023’’.
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SEC. 2. SUSPENSION OF ENTRIES AND IMPORTS FROM DES-
6
IGNATED COUNTRIES TO PREVENT SPREAD
7
OF COMMUNICABLE DISEASES AND IMPORT
8
OF CERTAIN CONTROLLED SUBSTANCES.
9
Section 362 of the Public Health Service Act (42
10
U.S.C. 265) is amended to read as follows:
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‘‘SEC. 362. SUSPENSION OF ENTRIES AND IMPORTS FROM
12
DESIGNATED
COUNTRIES
TO
PREVENT
13
SPREAD OF COMMUNICABLE DISEASES AND
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IMPORT OF CERTAIN CONTROLLED SUB-
15
STANCES.
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‘‘(a) IN GENERAL.—Whenever the Secretary makes
17
a determination described in subsection (b) with respect
18
to a country, the Secretary, by regulation, shall have the
19
power to prohibit, in whole or in part, for a period of time
20
determined to be necessary by the Secretary, the introduc-
21
tion of persons and property from such countries des-
22
ignated by the Secretary in order to avert the danger de-
23
scribed in such subsection.
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•HR 801 RH
‘‘(b) DETERMINATION.—A determination described
1
in this subsection is a determination by the Secretary that,
2
by reason of the existence of any communicable disease
3
or, after consultation with the Attorney General, certain
4
controlled substances in a foreign country—
5
‘‘(1) there is serious danger of the introduction
6
of such disease or substances into the United States;
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and
8
‘‘(2) such danger is so increased by the intro-
9
duction of persons or property from such country
10
that a suspension of the right to introduce such per-
11
sons and property is required in the interest of the
12
public health.
13
‘‘(c) DEFINITION.—In this section, the term ‘certain
14
controlled substance’ means—
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‘‘(1) a narcotic drug as defined in section
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1300.01 of title 21, Code of Federal Regulations (or
17
successor regulations);
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‘‘(2)
an
opiate
as
described
in
section
19
1308.11(b) or 1308.12(c) of such title (or successor
20
regulations);
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‘‘(3) an opium derivative as described in section
22
1308.11(c) of such title (or successor regulations);
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•HR 801 RH
‘‘(4) a stimulant as described in section
1
1308.11(f) or 1308.12(d) of such title (or successor
2
regulations); and
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‘‘(5) a fentanyl-related substance as described
4
in section 1308.11(h) of such title (or successor reg-
5
ulations).’’.
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Union Calendar No. 36
118TH CONGRESS
1ST SESSION
H. R. 801
[Report No. 118–53]
A BILL
To amend title III of the Public Health Service Act
to provide for suspension of entries and imports
from designated countries to prevent the spread
of communicable diseases and import into the
United States of certain controlled substances.
MAY 11, 2023
Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
VerDate Sep 11 2014
23:16 May 11, 2023
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