Refurbishing the Pillars of American Exceptionalism Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 9064 To amend and improve Federal law in the areas of immigration, health care, the Constitution, education, trade, veterans affairs, welfare, tax, and other matters. IN THE HOUSE OF REPRESENTATIVES DECEMBER 31, 2020 Mr. KING of Iowa introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on En- ergy and Commerce, Ways and Means, Education and Labor, Natural Resources, House Administration, Rules, Appropriations, Agriculture, Oversight and Reform, Veterans’ Affairs, and Foreign Affairs, for a pe- riod to be subsequently determined by the Speaker, in each case for con- sideration of such provisions as fall within the jurisdiction of the com- mittee concerned A BILL To amend and improve Federal law in the areas of immigra- tion, health care, the Constitution, education, trade, vet- erans affairs, welfare, tax, and other matters. 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; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Refurbishing the Pillars of American Exceptionalism Act 5 of 2020’’. 6 VerDate Sep 11 2014 20:33 Feb 19, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H9064.IH H9064 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 9064 IH (b) TABLE OF CONTENTS.—The table of contents for 1 this Act is as follows: 2 Sec. 1. Short title; table of contents. DIVISION A—llllll TITLE I—BIRTHRIGHT CITIZENSHIP Sec. 101. Short title. Sec. 102. Citizenship at birth for certain persons born in the United States. TITLE II—OBAMACARE REPEAL Sec. 201. Short title. Sec. 202. Repeal of the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010. TITLE III—BARRING PPACA SUPREME COURT CASES FROM CITATION Sec. 301. Barring PPACA Supreme Court cases from citation. TITLE IV—PROTECT INTERSTATE COMMERCE Sec. 401. Short title. Sec. 402. Prohibition against interference by State and local governments with production or manufacture of items in other States. Sec. 403. Federal cause of action to challenge State regulation of interstate commerce. Sec. 404. Agricultural product defined. TITLE V—ESTABLISHING MANDATORY MINIMUMS FOR ILLEGAL REENTRY Sec. 501. Short title. Sec. 502. Increased penalties for reentry of removed aliens. TITLE VI—SARAH’S LAW Sec. 601. Short title. Sec. 602. Mandatory detention of certain aliens charged with a crime resulting in death or serious bodily injury. Sec. 603. Savings provision. TITLE VII—HEARTBEAT PROTECTION Sec. 701. Short title. Sec. 702. Abortions prohibited without a check for fetal heartbeat, or if a fetal heartbeat is detectable. TITLE VIII—SANCTITY OF LIFE Sec. 801. Short title. Sec. 802. Findings and declaration. Sec. 803. Limitation on jurisdiction. Sec. 804. Limitation on jurisdiction. Sec. 805. Effective date. VerDate Sep 11 2014 20:33 Feb 19, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H9064.IH H9064 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 9064 IH Sec. 806. Severability. TITLE IX—TAX FREE HEALTH INSURANCE Sec. 901. Short title. Sec. 902. Deduction for premiums for health insurance. TITLE X—AMERICAN FUTURE HEALTHCARE Sec. 1001. Short title. Sec. 1002. Reform of Health Savings Accounts. Sec. 1003. HSA Rollover to Medicare Advantage MSA. Sec. 1004. Treatment of direct primary care service arrangement fees as med- ical expense. Sec. 1005. Allowing certain individuals with alternative health coverage to choose to opt out of the Medicare part A benefit. TITLE XI Subtitle A—Choices in Education Act Sec. 1101. Short title. Sec. 1102. Repeal of Elementary and Secondary Education Act and limitation on secretarial authority. Sec. 1103. Block grants to states. Sec. 1104. Application. Sec. 1105. Education voucher program requirements. Sec. 1106. Definitions. Subtitle B—No Hungry Kids Act Sec. 1121. Short title. Sec. 1122. Repeal of rule. Sec. 1123. Limits on certain nutritional requirements. TITLE XII—RELIGIOUS WORKER VISA RECIPROCITY Sec. 1201. Short title. Sec. 1202. Requiring reciprocal immigration treatment. TITLE XIII—TERMINATION OF EB–5 PROGRAM Sec. 1301. Termination of EB–5 program. TITLE XIV—EXPATRIATE TERRORIST Sec. 1401. Short title. Sec. 1402. Loss of nationality due to support of terrorism. Sec. 1403. Revocation or denial of passports and passport cards to individuals who are members of foreign terrorist organizations. TITLE XV—SILENCERS HELP US SAVE HEARING Sec. 1501. Short title. Sec. 1502. Equal treatment of silencers and firearms. Sec. 1503. Treatment of certain silencers. Sec. 1504. Preemption of certain State laws in relation to firearm silencers. Sec. 1505. Silencers and mufflers not to be federally regulated. VerDate Sep 11 2014 20:33 Feb 19, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\H9064.IH H9064 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 9064 IH TITLE XVI—PROTECT AMERICAN IPR Sec. 1601. Short title. Sec. 1602. Study and report on violations of United States intellectual property rights in China or by Chinese persons. Sec. 1603. Imposition of duties on merchandise from China and distribution of proceeds of such duties to holders of certain United States in- tellectual property rights. Sec. 1604. Compensation for losses borne by holders of United States intellec- tual property rights. TITLE XVII—SUNSET ACT Sec. 1701. Short title. Sec. 1702. Congressional review of agency rulemaking. TITLE XVIII—ILLEGAL DEDUCTION ELIMINATION Sec. 1801. Short title. Sec. 1802. Clarification that wages paid to unauthorized aliens may not be de- ducted from gross income. Sec. 1803. Modification of E–Verify Program. TITLE XIX—ENGLISH LANGUAGE UNITY Sec. 1901. Short title. Sec. 1902. Findings. Sec. 1903. English as official language of the United States. Sec. 1904. General rules of construction for English language texts of the laws of the United States. Sec. 1905. Implementing regulations. Sec. 1906. Effective date. TITLE XX—DAVIS-BACON REPEAL Sec. 2001. Short title. Sec. 2002. Repeal of Davis-Bacon wage requirements. Sec. 2003. Effective date and limitation. TITLE XXI—CENSUS ACCURACY Sec. 2101. Short title. Sec. 2102. Citizenship or lawful presence status on census questionnaires. TITLE XXII—TRUTH IN EMPLOYMENT Sec. 2201. Short title. Sec. 2202. Findings and purpose. Sec. 2203. Protection of employer rights. TITLE XXIII—E-BONDING FOR IMMIGRATION INTEGRITY Sec. 2301. Short title. Sec. 2302. Requirement of bond. Sec. 2303. Visa overstay rate categories. Sec. 2304. E-bond Enforcement Fund. Sec. 2305. Report. Sec. 2306. Definitions. VerDate Sep 11 2014 20:33 Feb 19, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6211 E:\BILLS\H9064.IH H9064 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 9064 IH TITLE XXIV—RESTORING MAXIMUM MOBILITY TO OUR NATION’S VETERANS Sec. 2401. Short title. Sec. 2402. Wheelchairs for veterans with service-connected disabilities. TITLE XXV—END SANCTUARIES AND HELP OUR AMERICAN HOMELESS AND VETERANS Sec. 2501. Short title. Sec. 2502. Findings. Sec. 2503. Treatment of sanctuary jurisdictions. Sec. 2504. Private right of action. TITLE XXVI—SOCIAL SECURITY INTEGRITY ACT OF 2020 Sec. 2601. Short title. Sec. 2602. Findings. Sec. 2603. Implementation of OIG recommendations. TITLE XXVII—HJ RES 47 TITLE XXVIII—HJ RES 49 TITLE XXIX—PROTECTING ACCESS TO CARE Sec. 2901. Short title. Sec. 2902. Encouraging speedy resolution of claims. Sec. 2903. Compensating patient injury. Sec. 2904. Maximizing patient recovery. Sec. 2905. Authorization of payment of future damages to claimants in health care lawsuits. Sec. 2906. Product liability for health care providers. Sec. 2907. Definitions. Sec. 2908. Effect on other laws. Sec. 2909. Rules of construction. Sec. 2910. Effective date. Sec. 2911. Limitation on expert witness testimony. Sec. 2912. Communications following unanticipated outcome. Sec. 2913. Expert witness qualifications. Sec. 2914. Affidavit of merit. Sec. 2915. Notice of intent to commence lawsuit. TITLE XXX—CONSOLIDATION OF FEDERAL WELFARE PROGRAMS Sec. 3001. Sense of congress. DIVISION B—FAIR TAX ACT Sec. 1. Short title; table of contents. Sec. 2. Congressional findings. TITLE I—REPEAL OF THE INCOME TAX, PAYROLL TAXES, AND ESTATE AND GIFT TAXES Sec. 101. Income taxes repealed. Sec. 102. Payroll taxes repealed. Sec. 103. Estate and gift taxes repealed. Sec. 104. Conforming amendments; effective date. VerDate Sep 11 2014 20:33 Feb 19, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6211 E:\BILLS\H9064.IH H9064 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 9064 IH TITLE II—SALES TAX ENACTED Sec. 201. Sales tax. Sec. 202. Conforming and technical amendments. TITLE III—OTHER MATTERS Sec. 301. Phase-out of administration of repealed Federal taxes. Sec. 302. Administration of other Federal taxes. Sec. 303. Sales tax inclusive Social Security benefits indexation. TITLE IV—SUNSET OF SALES TAX IF SIXTEENTH AMENDMENT NOT REPEALED Sec. 401. Elimination of sales tax if Sixteenth Amendment not repealed. DIVISION C—CONSTITUTIONAL AMENDMENTS TITLE I—REPEAL OF 16TH AMENDMENT Sec. I Repeal of 16th Amendment. TITLE II—APPORTIONMENT OF REPRESENTATIVES Sec. II Apportionment of Representatives. DIVISION A—llllll 1 TITLE I—BIRTHRIGHT 2 CITIZENSHIP 3 SEC. 101. SHORT TITLE. 4 This title may be cited as the ‘‘Birthright Citizenship 5 Act of 2020’’. 6 SEC. 102. CITIZENSHIP AT BIRTH FOR CERTAIN PERSONS 7 BORN IN THE UNITED STATES. 8 (a) IN GENERAL.—Section 301 of the Immigration 9 and Nationality Act (8 U.S.C. 1401) is amended— 10 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 11 ‘‘The following’’; 12 (2) by redesignating subsections (a) through (h) 13 as paragraphs (1) through (8), respectively; and 14 (3) by adding at the end the following: 15 VerDate Sep 11 2014 20:33 Feb 19, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H9064.IH H9064 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 9064 IH ‘‘(b) DEFINITION.—Acknowledging the right of birth- 1 right citizenship established by section 1 of the 14th 2 amendment to the Constitution, a person born in the 3 United States shall be considered ‘subject to the jurisdic- 4 tion’ of the United States for purposes of subsection (a)(1) 5 if the person is born in the United States of parents, one 6 of whom is— 7 ‘‘(1) a citizen or national of the United States; 8 ‘‘(2) an alien lawfully admitted for permanent 9 residence in the United States whose residence is in 10 the United States; or 11 ‘‘(3) an alien performing active service in the 12 armed forces (as defined in section 101 of title 10, 13 United States Code).’’. 14 (b) APPLICABILITY.—The amendment made by sub- 15 section (a)(3) shall not be construed to affect the citizen- 16 ship or nationality status of any person born before the 17 date of the enactment of this Act. 18 TITLE II—OBAMACARE REPEAL 19 SEC. 201. SHORT TITLE. 20 This title may be cited as the ‘‘ObamaCare Repeal 21 Act’’. 22 VerDate Sep 11 2014 20:33 Feb 19, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H9064.IH H9064 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 9064 IH SEC. 202. REPEAL OF THE PATIENT PROTECTION AND AF- 1 FORDABLE CARE ACT AND THE HEALTH 2 CARE AND EDUCATION RECONCILIATION ACT 3 OF 2010. 4 (a) PATIENT PROTECTION AND AFFORDABLE CARE 5 ACT.—Effective as of the enactment of the Patient Pro- 6 tection and Affordable Care Act (Public Law 111–148), 7 such Act is repealed, and the provisions of law amended 8 or repealed by such Act are restored or revived as if such 9 Act had not been enacted. 10 (b) HEALTH CARE AND EDUCATION RECONCILI- 11 ATION ACT OF 2010.—Effective as of the enactment of 12 the Health Care and Education Reconciliation Act of 2010 13 (Public Law 111–152), such Act is repealed, and the pro- 14 visions of law amended or repealed by such Act are re- 15 stored or revived as if such Act had not been enacted. 16 TITLE III—BARRING PPACA SU- 17 PREME COURT CASES FROM 18 CITATION 19 SEC. 301. BARRING PPACA SUPREME COURT CASES FROM 20 CITATION. 21 Under Article 3, Section 2, which allows Congress to 22 provide exceptions and regulations for Supreme Court con- 23 sideration of cases and controversies, the following cases 24 are barred from citation for the purpose of precedence in 25 all future cases after enactment: Nat’l Fed’n of Indep. 26 VerDate Sep 11 2014 20:33 Feb 19, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H9064.IH H9064 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 9064 IH Bus. v. Sebelius, 132 S. Ct. 2566, 2573, 183 L. Ed. 2d 1 450 (2012) and King v. Burwell, 135 S. Ct. 2480, 2485, 2 192 L. Ed. 2d 483 (2015) and Burwell v. Hobby Lobby 3 Stores Inc., 134 S. Ct. 2751, 2782, 189 L. Ed. 2d 675 4 (2014). 5 TITLE IV—PROTECT 6 INTERSTATE COMMERCE 7 SEC. 401. SHORT TITLE. 8 This title may be cited as the ‘‘Protect Interstate 9 Commerce Act of 2020’’. 10 SEC. 402. PROHIBITION AGAINST INTERFERENCE BY STATE 11 AND LOCAL GOVERNMENTS WITH PRODUC- 12 TION OR MANUFACTURE OF ITEMS IN OTHER 13 STATES. 14 Consistent with article I, section 8, clause 3 of the 15 Constitution of the United States, the government of a 16 State or locality therein shall not impose a standard or 17 condition on the production or manufacture of any agricul- 18 tural product sold or offered for sale in interstate com- 19 merce if— 20 (1) such production or manufacture occurs in 21 another State; and 22 (2) the standard or condition is in addition to 23 the standards and conditions applicable to such pro- 24 duction or manufacture pursuant to— 25 VerDate Sep 11 2014 20:33 Feb 19, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H9064.IH H9064 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 9064 IH (A) Federal law; and 1 (B) the laws of the State and locality in 2 which such production or manufacture occurs. 3 SEC. 403. FEDERAL CAUSE OF ACTION TO CHALLENGE 4 STATE REGULATION OF INTERSTATE COM- 5 MERCE. 6 (a) PRIVATE RIGHT OF ACTION.—A person, includ- 7 ing, but not limited to, a producer, transporter, 8 distributer, consumer, laborer, trade association, the Fed- 9 eral Government, a State government, or a unit of local 10 government, which is affected by a regulation of a State 11 or unit of local government which regulates any aspect of 12 an agricultural product, including any aspect of the meth- 13 od of production, which is sold in interstate commerce, or 14 any means or instrumentality through which such an agri- 15 cultural product is sold in interstate commerce, may bring 16 an action in the appropriate court to invalidate such a reg- 17 ulation and seek damages for economic loss resulting from 18 such regulation. 19 (b) PRELIMI [Text truncated for display. Full text available on Congress.gov.]