[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4416 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 4416
To temporarily suspend the admissibility of certain persons traveling
from countries that currently have a moderate or higher level COVID-19
transmission.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 13, 2021
Ms. Herrell introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on
Homeland Security, 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 temporarily suspend the admissibility of certain persons traveling
from countries that currently have a moderate or higher level COVID-19
transmission.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLES.
This Act may be cited as the ``Securing the Homeland from
International Entrants with Life-threatening Diseases Act'' or the
``SHIELD Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) On March 20, 2020, the Centers for Disease Control and
Prevention issued an order (referred to in this section as the
``title 42 expulsion order'') pursuant to sections 362 and 365
of the Public Health Service Act (42 U.S.C. 265 and 268), which
authorizes the Surgeon General to prohibit the introduction of
certain persons into the United States from countries where an
outbreak of a communicable disease, such as the deadly COVID-19
pandemic, exists when necessary to protect the public health
from such disease.
(2) The title 42 expulsion order was extended on April 20,
2020, and later amended on May 19, 2020, to further extend the
duration of such expulsions, subject to monthly review.
(3) In 2020, U.S. Border Patrol made 382,374 title 42
expulsions to protect the United States from further
introduction of COVID-19.
(4) In January 2021, the Biden administration, acting
``swiftly and aggressively to combat coronavirus disease
2019'', issued proclamations suspending entry into the United
States of travelers from the United Kingdom, the Republic of
Ireland, South Africa, and many other countries.
(5) As of June 14, 2021, Mexico, Honduras, and Guatemala
each had sufficiently high new incidents of COVID-19 to receive
a COVID-19 Risk Assessment Level 3 (high) rating by the Centers
for Disease Control and Prevention, which is the same level of
COVID-19 risk as many of the countries from which entry is
suspended to travelers under the Biden administration
proclamations, including the United Kingdom, the Republic of
Ireland, South Africa, and others.
(6) Staggering numbers of migrants are flooding across the
international border between the United States and Mexico,
resulting in a humanitarian, public safety, and national
security crisis. During the first 5 months of 2021, U.S. Border
Patrol had more than 687,854 encounters with undocumented
migrants at the Southwest border, with undocumented migrants
from Mexico and the Northern Triangle countries accounting for
569,298 of those encounters, or roughly 83 percent of the
total. During April 2021, U.S. Border Patrol encountered more
aliens along the Southwest border than during any other month
since 2001.
(7) News outlets have reported that the Biden
administration will shortly end the necessary and effective
title 42 expulsion policy.
(8) As countries continue to pose a high risk of
transmission of COVID-19, the Biden administration should
continue to exercise the expulsion authority granted under
section 362 of the Public Health Service Act (42 U.S.C. 265) to
``prevent further spread of the disease''.
SEC. 3. DEFINED TERM.
In this Act, the term ``covered person''--
(1) except as provided in paragraph (2), means any person
traveling to the United States from Canada or Mexico
(regardless of the country of origin of such person)--
(A) who would be introduced into a congregate
setting in a land or coastal port of entry or U.S.
Border Patrol station at or near the United States
border with Canada or with Mexico; and
(B)(i) whose country of origin--
(I) is not categorized by the Centers for
Disease Control and Prevention as COVID-19 Risk
Assessment Level 1 (low); or
(II) does not have COVID-19 vaccination
rates that are substantially similar to or
higher than such rates in the United States; or
(ii) who, at any time during the previous 30 days,
was present in a country that--
(I) is not categorized by the Centers for
Disease Control and Prevention as COVID-19 Risk
Assessment Level 1 (low); or
(II) does not have COVID-19 vaccination
rates that are substantially similar to or
higher than such rates in the United States;
and
(2) does not include--
(A) United States citizens;
(B) United States lawful permanent residents;
(C) any spouse or child of a person described in
subparagraph (A) or (B);
(D) members of the United States Armed Forces and
associated personnel, including any spouse or child of
such member or personnel;
(E) persons from a foreign country who--
(i) arrive at a designated port of entry;
and
(ii)(I) hold valid travel documents; or
(II) are not otherwise subject to travel
restrictions under the visa waiver program; and
(F) persons whom the Secretary of Homeland Security
(or designee) determines, based on an individualized
assessment that considers the totality of the
circumstances, including significant law enforcement,
officer and public safety, humanitarian, and public
health interests, should be excluded from the
definition of covered person under this Act.
SEC. 4. TEMPORARY SUSPENSION OF ADMISSIBILITY OF COVERED PERSONS.
During the 1-year period beginning on the date of the enactment of
this Act, the Secretary of Homeland Security shall--
(1) suspend the admission and parole of all covered persons
into the United States;
(2) minimize the time covered persons spend in a congregate
setting, to the extent practicable; and
(3) transport, or arrange for the transportation of, all
covered persons from the United States to--
(A) the country from which such covered persons
entered the United States;
(B) the country of origin of such covered persons;
or
(C) another foreign location, to the extent
practicable.
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