H.R. 801 would authorize the Department of Health and Human Services (HHS) to suspend the entry of people and goods into the United States from certain countries if the department determines that doing so would prevent the arrival of certain controlled substances, including opiates and fentanyl. The bill would require HHS to consult with the Department of Justice before making such a determination.
Under current law, by invoking its authority under Section 362 of the Public Health Service Act, HHS can deny entry to people or goods from certain countries to prevent the spread of communicable diseases. Furthermore, the government may prevent certain people (but not goods) from coming into the country if their entry is determined to be detrimental to U.S. interests, under Section 212(f) of the Immigration and Nationality Act.
Direct Spending
Enacting H.R. 801 would expand the government’s authority to restrict the import of goods into the United States. If that authority is used, it would result in a net increase in direct spending because any such restrictions would decrease the collection of certain customs fees charged on the import of these goods. Since these fees are classified in the budget as direct spending, any decrease in collections would result in an increase in direct spending. A portion of the fees collected can be spent by Customs and Border Protection without further appropriation; therefore, the increase in direct spending under the bill would be less than the total change in customs fees collected.
