FUTURE Act

In the House of Representatives, U. S., July 22, 2020. Resolved, That the House agree to the amendment of the Senate to the bill (H.R. 2486) entitled ‘‘An Act to reauthor- ize mandatory funding programs for historically Black col- leges and universities and other minority-serving institu- tions.’’, with the following HOUSE AMENDMENTS TO SENATE AMENDMENT: Ω1æIn the matter proposed to be inserted by the amend- ment of the Senate, strike sections 1, 2, and 3 and insert the following: TITLE I—NO BAN ACT 1 SEC. 101. SHORT TITLES. 2 This title may be cited as the ‘‘National Origin-Based 3 Antidiscrimination for Nonimmigrants Act’’ or the ‘‘NO 4 BAN Act’’. 5 SEC. 102. EXPANSION OF NONDISCRIMINATION PROVISION. 6 Section 202(a)(1)(A) of the Immigration and Nation- 7 ality Act (8 U.S.C. 1152(a)(1)(A)) is amended— 8 (1) by inserting ‘‘or a nonimmigrant visa, ad- 9 mission or other entry into the United States, or the 10 approval or revocation of any immigration benefit’’ 11 after ‘‘immigrant visa’’; 12 2 •HR 2486 EAH (2) by inserting ‘‘religion,’’ after ‘‘sex,’’; and 1 (3) by inserting ‘‘, except if expressly required by 2 statute, or if a statutorily authorized benefit takes 3 into consideration such factors’’ before the period at 4 the end. 5 SEC. 103. TRANSFER AND LIMITATIONS ON AUTHORITY TO 6 SUSPEND OR RESTRICT THE ENTRY OF A 7 CLASS OF ALIENS. 8 Section 212(f) of the Immigration and Nationality Act 9 (8 U.S.C. 1182(f)) is amended to read as follows: 10 ‘‘(f) AUTHORITY TO SUSPEND OR RESTRICT THE 11 ENTRY OF A CLASS OF ALIENS.— 12 ‘‘(1) IN GENERAL.—Subject to paragraph (2), if 13 the Secretary of State, in consultation with the Sec- 14 retary of Homeland Security, determines, based on 15 specific and credible facts, that the entry of any 16 aliens or any class of aliens into the United States 17 would undermine the security or public safety of the 18 United States or the preservation of human rights, 19 democratic processes or institutions, or international 20 stability, the President may temporarily— 21 ‘‘(A) suspend the entry of such aliens or 22 class of aliens as immigrants or nonimmigrants; 23 or 24 3 •HR 2486 EAH ‘‘(B) impose any restrictions on the entry of 1 such aliens that the President deems appro- 2 priate. 3 ‘‘(2) LIMITATIONS.—In carrying out paragraph 4 (1), the President, the Secretary of State, and the Sec- 5 retary of Homeland Security shall— 6 ‘‘(A) only issue a suspension or restriction 7 when required to address specific acts impli- 8 cating a compelling government interest in a 9 factor identified in paragraph (1); 10 ‘‘(B) narrowly tailor the suspension or re- 11 striction, using the least restrictive means, to 12 achieve such compelling government interest; 13 ‘‘(C) specify the duration of the suspension 14 or restriction; and 15 ‘‘(D) consider waivers to any class-based re- 16 striction or suspension and apply a rebuttable 17 presumption in favor of granting family-based 18 and humanitarian waivers. 19 ‘‘(3) CONGRESSIONAL NOTIFICATION.— 20 ‘‘(A) IN GENERAL.—Prior to the President 21 exercising the authority under paragraph (1), 22 the Secretary of State and the Secretary of 23 Homeland Security shall consult Congress and 24 provide Congress with specific evidence sup- 25 4 •HR 2486 EAH porting the need for the suspension or restriction 1 and its proposed duration. 2 ‘‘(B) BRIEFING AND REPORT.—Not later 3 than 48 hours after the President exercises the 4 authority under paragraph (1), the Secretary of 5 State and the Secretary of Homeland Security 6 shall provide a briefing and submit a written re- 7 port to Congress that describes— 8 ‘‘(i) the action taken pursuant to para- 9 graph (1) and the specified objective of such 10 action; 11 ‘‘(ii) the estimated number of individ- 12 uals who will be impacted by such action; 13 ‘‘(iii) the constitutional and legislative 14 authority under which such action took 15 place; and 16 ‘‘(iv) the circumstances necessitating 17 such action, including how such action com- 18 plies with paragraph (2), as well as any in- 19 telligence informing such actions. 20 ‘‘(C) TERMINATION.—If the briefing and re- 21 port described in subparagraph (B) are not pro- 22 vided to Congress during the 48 hours that begin 23 when the President exercises the authority under 24 paragraph (1), the suspension or restriction shall 25 5 •HR 2486 EAH immediately terminate absent intervening con- 1 gressional action. 2 ‘‘(D) CONGRESSIONAL COMMITTEES.—The 3 term ‘Congress’, as used in this paragraph, refers 4 to the Select Committee on Intelligence of the 5 Senate, the Committee on Foreign Relations of 6 the Senate, the Committee on the Judiciary of 7 the Senate, the Committee on Homeland Secu- 8 rity and Governmental Affairs of the Senate, the 9 Permanent Select Committee on Intelligence of 10 the House of Representatives, the Committee on 11 Foreign Affairs of the House of Representatives, 12 the Committee on the Judiciary of the House of 13 Representatives, and the Committee on Home- 14 land Security of the House of Representatives. 15 ‘‘(4) PUBLICATION.—The Secretary of State and 16 the Secretary of Homeland Security shall publicly an- 17 nounce and publish an unclassified version of the re- 18 port described in paragraph (3)(B) in the Federal 19 Register. 20 ‘‘(5) JUDICIAL REVIEW.— 21 ‘‘(A) IN GENERAL.—Notwithstanding any 22 other provision of law, an individual or entity 23 who is present in the United States and has been 24 harmed by a violation of this subsection may file 25 6 •HR 2486 EAH an action in an appropriate district court of the 1 United States to seek declaratory or injunctive 2 relief. 3 ‘‘(B) CLASS ACTION.—Nothing in this Act 4 may be construed to preclude an action filed 5 pursuant to subparagraph (A) from proceeding 6 as a class action. 7 ‘‘(6) TREATMENT OF COMMERCIAL AIRLINES.— 8 Whenever the Secretary of Homeland Security finds 9 that a commercial airline has failed to comply with 10 regulations of the Secretary of Homeland Security re- 11 lating to requirements of airlines for the detection of 12 fraudulent documents used by passengers traveling to 13 the United States (including the training of personnel 14 in such detection), the Secretary of Homeland Secu- 15 rity may suspend the entry of some or all aliens 16 transported to the United States by such airline. 17 ‘‘(7) RULE OF CONSTRUCTION.—Nothing in this 18 section may be construed as authorizing the Presi- 19 dent, the Secretary of State, or the Secretary of 20 Homeland Security to act in a manner inconsistent 21 with the policy decisions expressed in the immigra- 22 tion laws. 23 ‘‘(8) CLARIFICATION.—For purposes of para- 24 graph (1), the term ‘public safety of the United 25 7 •HR 2486 EAH States’ includes efforts necessary to contain a commu- 1 nicable disease of public health significance (as de- 2 fined in section 34.2(b) of title 42, Code of Federal 3 Regulations (or any successor regulation)).’’. 4 SEC. 104. TERMINATION OF CERTAIN EXECUTIVE ACTIONS. 5 (a) TERMINATION.—Presidential Proclamations 9645, 6 9822, and 9983 and Executive Orders 13769, 13780, and 7 13815 shall be void beginning on the date of the enactment 8 of this Act. 9 (b) EFFECT.—All actions taken pursuant to any proc- 10 lamation or executive order terminated under subsection (a) 11 shall cease on the date of the enactment of this Act. 12 SEC. 105. VISA APPLICANTS REPORT. 13 (a) INITIAL REPORTS.— 14 (1) IN GENERAL.—Not later than 90 days after 15 the date of the enactment of this Act, the Secretary of 16 State, in coordination with the Secretary of Home- 17 land Security and the heads of other relevant Federal 18 agencies, shall submit a report to the congressional 19 committees referred to in section 212(f)(3)(D) of the 20 Immigration and Nationality Act, as amended by sec- 21 tion 103 of this title, that describes the implementa- 22 tion of each of the presidential proclamations and ex- 23 ecutive orders referred to in section 104. 24 8 •HR 2486 EAH (2) PRESIDENTIAL PROCLAMATION 9645 AND 1 9983.—In addition to the content described in para- 2 graph (1), the report submitted with respect to Presi- 3 dential Proclamation 9645, issued on September 24, 4 2017, and Presidential Proclamation 9983, issued on 5 January 31, 2020, shall include, for each country list- 6 ed in such proclamation— 7 (A) the total number of individuals who ap- 8 plied for a visa during the time period the proc- 9 lamation was in effect, disaggregated by country 10 and visa category; 11 (B) the total number of visa applicants de- 12 scribed in subparagraph (A) who were approved, 13 disaggregated by country and visa category; 14 (C) the total number of visa applicants de- 15 scribed in subparagraph (A) who were refused, 16 disaggregated by country and visa category, and 17 the reasons they were refused; 18 (D) the total number of visa applicants de- 19 scribed in subparagraph (A) whose applications 20 remain pending, disaggregated by country and 21 visa category; 22 (E) the total number of visa applicants de- 23 scribed in subparagraph (A) who were granted a 24 9 •HR 2486 EAH waiver, disaggregated by country and visa cat- 1 egory; 2 (F) the total number of visa applicants de- 3 scribed in subparagraph (A) who were denied a 4 waiver, disaggregated by country and visa cat- 5 egory, and the reasons such waiver requests were 6 denied; 7 (G) the total number of refugees admitted, 8 disaggregated by country; and 9 (H) the complete reports that have been sub- 10 mitted to the President every 180 days in ac- 11 cordance with section 4 of Presidential Procla- 12 mation 9645 in its original form, and as amend- 13 ed by Presidential Proclamation 9983. 14 (b) ADDITIONAL REPORTS.—Not later than 30 days 15 after the date on which the President exercises the authority 16 under section 212(f) of the Immigration and Nationality 17 Act (8 U.S.C. 1182(f)), as amended by section 103 of this 18 title, and every 30 days thereafter, the Secretary of State, 19 in coordination with the Secretary of Homeland Security 20 and heads of other relevant Federal agencies, shall submit 21 a report to the congressional committees referred to in para- 22 graph (3)(D) of such section 212(f) that identifies, with re- 23 spect to countries affected by a suspension or restriction, 24 the information described in subparagraphs (A) through 25 10 •HR 2486 EAH (H) of subsection (a)(2) of this section and specific evidence 1 supporting the need for the continued exercise of presi- 2 dential authority under such section 212(f), including the 3 information described in paragraph (3)(B) of such section 4 212(f). If the report described in this subsection is not pro- 5 vided to Congress in the time specified, the suspension or 6 restriction shall immediately terminate absent intervening 7 congressional action. A final report with such information 8 shall be prepared and submitted to such congressional com- 9 mittees not later than 30 days after the suspension or re- 10 striction is lifted. 11 (c) FORM; AVAILABILITY.—The reports required under 12 subsections (a) and (b) shall be made publicly available on- 13 line in unclassified form. 14 TITLE II—AFFORDABLE PRE- 15 SCRIPTIONS FOR PATIENTS 16 ACT OF 2020 17 SEC. 201. SHORT TITLE. 18 This title may be cited as the ‘‘Affordable Prescriptions 19 for Patients Act of 2020’’. 20 SEC. 202. PRODUCT HOPPING. 21 (a) IN GENERAL.—The Federal Trade Commission Act 22 (15 U.S.C. 41 et seq.) is amended by inserting after section 23 26 (15 U.S.C. 57c–2) the following: 24 11 •HR 2486 EAH ‘‘SEC. 27. PRODUCT HOPPING. 1 ‘‘(a) DEFINITIONS.—In this section: 2 ‘‘(1) ABBREVIATED NEW DRUG APPLICATION.— 3 The term ‘abbreviated new drug application’ means 4 an application under subsection (b)(2) or (j) of sec- 5 tion 505 of the Federal Food, Drug, and Cosmetic Act 6 (21 U.S.C. 355). 7 ‘‘(2) BIOSIMILAR BIOLOGICAL PRODUCT.—The 8 term ‘biosimilar biological product’ means a biologi- 9 cal product licensed under section 351(k) of the Public 10 Health Service Act (42 U.S.C. 262(k)). 11 ‘‘(3) BIOSIMILAR BIOLOGICAL PRODUCT LICENSE 12 APPLICATION.—The term ‘biosimilar biological prod- 13 uct license application’ means an application sub- 14 mitted under section 351(k) of the Public Health 15 Service Act (42 U.S.C. 262(k)). 16 ‘‘(4) FOLLOW-ON PRODUCT.—The term ‘follow-on 17 product’— 18 ‘‘(A) means a drug approved through an 19 application or supplement to an application sub- 20 mitted under section 505(b) of the Federal Food, 21 Drug, and Cosmetic Act (21 U.S.C. 355(b)) or a 22 biological product licensed through an applica- 23 tion or supplement to an application submitted 24 under section 351(a) of the Public Health Service 25 Act (42 U.S.C. 262(a)) for a change, modifica- 26 12 •HR 2486 EAH tion, or reformulation to the same manufactur- 1 er’s previously approved drug or biological prod- 2 uct that treats the same medical condition; and 3 ‘‘(B) excludes such an application or sup- 4 plement to an application for a change, modi- 5 fication, or reformulation of a drug or biological 6 product that is requested by the Secretary or nec- 7 essary to comply with law, including sections 8 505A and 505B of the Federal Food, Drug, and 9 Cosmetic Act (21 U.S.C. 355a, 355c). 10 ‘‘(5) GENERIC DRUG.—The term ‘generic drug’ 11 means a drug approved under an application sub- 12 mitted under subsection (b)(2) or (j) of section 505 of 13 the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 14 355). 15 ‘‘(6) LISTED DRUG.—The term ‘listed drug’ 16 means a drug listed under section 505(j)(7) of the 17 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 18 355(j)(7)). 19 ‘‘(7) MANUFACTURER.—The term ‘manufacturer’ 20 means the holder, licensee, or assignee of— 21 ‘‘(A) an approved application for a drug 22 under section 505(c) of the Federal Food, Drug, 23 and Cosmetic Act (21 U.S.C. 355(c)); or 24 13 •HR 2486 EAH ‘‘(B) a biological product license under sec- 1 tion 351(a) of the Public Health Service Act (42 2 U.S.C. 262(a)). 3 ‘‘(8) REFERENCE PRODUCT.—The term ‘reference 4 product’ has the meaning given the term in section 5 351(i) of the Public Health Service Act (42 U.S.C. 6 262(i)). 7 ‘‘(9) SECRETARY.—The term ‘Secretary’ means 8 the Secretary of Health and Human Services. 9 ‘‘(10) ULTIMATE PARENT ENTITY.—The term ‘ul- 10 timate parent entity’ has the meaning given the term 11 in section 801.1 of title 16, Code of Federal Regula- 12 tions, or any successor regulation. 13 ‘‘(b) PROHIBITION ON PRODUCT HOPPING.— 14 ‘‘(1) PRIMA FACIE.—Except as provided in para- 15 graph (2), a manufacturer of a reference product or 16 listed drug shall be considered to have engaged in an 17 unfair method of competition in or affecting com- 18 merce in violation of section 5(a) if the Co [Text truncated for display. 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