What This Bill Does
This bill establishes a procedure for ending suspension orders that the Surgeon General issued to stop certain items from entering or being imported from specific places during the COVID-19 pandemic. The bill requires a waiting period and planning process before these suspension orders can be lifted.
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Who It Affects
The Surgeon General, the Secretary of Homeland Security, Congress, other federal agencies, state and local governments, tribal governments, and nongovernmental organizations involved in managing outcomes related to the suspension orders.
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Key Provisions
• Suspension orders issued because of the COVID-19 public health emergency cannot be lifted until at least 60 days after the Surgeon General notifies Congress in writing that the emergency declaration has ended (Sec. 2(a))
• Within 30 days of notifying Congress, the Surgeon General must work with the Secretary of Homeland Security and other relevant agencies and organizations to develop and submit a plan to Congress addressing how to handle any potential surge in entries or imports when the suspension ends (Sec. 2(b)(1))
• If the plan is not submitted within 30 days, the Secretary must notify Congress within 7 days about the delay and when the plan will be submitted, and the suspension order termination is delayed by an additional 30 days after the plan is finally submitted (Sec. 2(b)(2))
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What Changes
The bill creates a mandatory 60-day waiting period with required planning before the Surgeon General can end any suspension orders related to the COVID-19 pandemic. This prevents immediate termination of these orders.
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Important Definitions
None defined in the bill text.
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II
118TH CONGRESS
1ST SESSION
S. 208
To establish a procedure for terminating a determination by Surgeon General
to suspend certain entries and imports from designated places.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 1, 2023
Mr. LANKFORD (for himself, Ms. SINEMA, Mr. KELLY, Mr. THUNE, Mr.
MANCHIN, Mrs. CAPITO, Mr. TESTER, Ms. HASSAN, and Mr. TILLIS) in-
troduced the following bill; which was read twice and referred to the Com-
mittee on Health, Education, Labor, and Pensions
A BILL
To establish a procedure for terminating a determination
by Surgeon General to suspend certain entries and im-
ports from designated places.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Public Health and Bor-
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der Security Act of 2023’’.
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•S 208 IS
SEC. 2. TERMINATION OF SUSPENSION OF ENTRIES AND
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IMPORTS FROM DESIGNATED PLACES RE-
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LATED TO THE COVID–19 PANDEMIC.
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(a) IN GENERAL.—An order of suspension issued
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under section 362 of the Public Health Service Act (42
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U.S.C. 265) as a result of the public health emergency
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relating to the Coronavirus Disease 2019 (COVID–19)
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pandemic declared under section 319 of such Act (42
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U.S.C. 247d) on January 31, 2020, and any continuation
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of such declaration (including the continuation described
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in Proclamation 9994 on February 24, 2021), shall be lift-
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ed not earlier than 60 days after the date on which the
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Surgeon General provides written notification to the ap-
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propriate authorizing and appropriating committees of
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Congress that such public health emergency declaration
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(including the continuation described in Proclamation
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9994 on February 24, 2021) have been terminated.
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(b) PROCEDURES DURING 60-DAY TERMINATION
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WINDOW.—
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(1) PLAN.—Not later than 30 days after the
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date on which a written notification is provided
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under subsection (a) with respect to an order of sus-
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pension, the Surgeon General, in consultation with
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the Secretary of Homeland Security, and the head of
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any other Federal agency, State, local or Tribal gov-
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ernment, or nongovernmental organization that has
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•S 208 IS
a role in managing outcomes associated with the
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suspension, as determined by the Surgeon General
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(or the designee of the Surgeon General), shall de-
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velop and submit to the appropriate committees of
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Congress, a plan to address any possible influx of
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entries or imports, as defined in such order of sus-
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pension, related to the termination of such order.
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(2) FAILURE
TO
SUBMIT.—If a plan under
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paragraph (1) is not submitted to the appropriate
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committees of Congress within the 30-day period de-
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scribed in such paragraph, not later than 7 days
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after the expiration of such 30-day period, the Sec-
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retary shall notify the appropriate committees of
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Congress, in writing, of the status of preparing such
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a plan and the timing for submission as required
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under paragraph (1). The termination of order re-
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lated to such plan shall be delayed until that date
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that is 30 days after the date on which such plan
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is submitted to such committees.
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Æ
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