eligible child within the local educational agen-
cy’s geographical area who elect to send their 
child to a private school or to home-school their 
child (as the case may be) and whose child is 
included in the count of such eligible children 
under paragraph (1)(A), which amount shall be 
distributed in a manner so as to ensure that 
such payments will be used for appropriate edu-
cational expenses. 
(B) RESERVATION.—A local educational 
agency described in this paragraph may reserve 
not more than 1 percent of the funds available 
for distribution under subparagraph (A) to pay 
administrative costs associated with carrying 
out the activities described in such subpara-
graph. 
(c) RULE OF CONSTRUCTION.—Payments to parents 
under subsection (b)(5) shall be considered assistance to 
the eligible child and shall not be considered assistance 
to the school that enrolls the eligible child. The amount 
of any payment under this section shall not be treated as 
income of the child or his or her parents for purposes of 
Federal tax laws or for determining eligibility for any 
other Federal program. 
VerDate Sep 11 2014 
20:33 Feb 19, 2021
Jkt 019200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H9064.IH
H9064
pbinns on DSKJLVW7X2PROD with BILLS
SEC. 1106. DEFINITIONS. 
In this title: 
(1) ELIGIBLE
CHILD.—The term ‘‘eligible 
child’’ means a child aged 5 to 17, inclusive. 
(2) PARENT.—The term ‘‘parent’’ includes a 
legal guardian or other person standing in loco 
parentis (such as a grandparent or stepparent with 
whom the child lives, or a person who is legally re-
sponsible for the child’s welfare). 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Education. 
(4) STATE.—The term ‘‘State’’ means each of 
the 50 States and the District of Columbia. 
(5) QUALIFIED
STATE.—The term ‘‘qualified 
State’’ means a State that has an application ap-
proved by the Secretary under section 1104. 
Subtitle B—No Hungry Kids Act 
SEC. 1121. SHORT TITLE. 
This subtitle may be cited as the ‘‘No Hungry Kids 
Act’’. 
SEC. 1122. REPEAL OF RULE. 
The rule prescribed by the Food and Nutrition Serv-
ice of the Department of Agriculture relating to nutrition 
standards in the national school lunch and school break-
fast programs published on January 26, 2012 (77 Fed. 
Reg. 4088 et seq.), and revising parts 210 and 220 of 
VerDate Sep 11 2014 
20:33 Feb 19, 2021
Jkt 019200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H9064.IH
H9064
pbinns on DSKJLVW7X2PROD with BILLS
title 7, Code of Federal Regulations, shall have no force 
or effect. 
SEC. 1123. LIMITS ON CERTAIN NUTRITIONAL REQUIRE-
MENTS. 
Section 9(a)(1)(A)(i) of the Richard B. Russell Na-
tional School Lunch Act (42 U.S.C. 1758(a)(1)(A)(i)) is 
amended by inserting before the semicolon the following: 
‘‘, to establish a calorie maximum for individual school 
lunches, or to prohibit a child from eating a lunch provided 
by the child’s parent or legal guardian’’. 
TITLE XII—RELIGIOUS WORKER 
VISA RECIPROCITY 
SEC. 1201. SHORT TITLE. 
This title may be cited as the ‘‘Religious Worker Visa 
Reciprocity Act of 2020’’. 
SEC. 1202. REQUIRING RECIPROCAL IMMIGRATION TREAT-
MENT. 
Section 204(a)(1)(G) of the Immigration and Nation-
ality Act (8 U.S.C. 1154(a)(1)(G)) is amended by adding 
at the end the following: 
‘‘(iii) Beginning on October 1, 2017, no petition may 
be approved for classification of an alien as a special immi-
grant under section 101(a)(27)(C) if the Secretary of 
Homeland Security has determined that the country of the 
alien’s nationality— 
VerDate Sep 11 2014 
20:33 Feb 19, 2021
Jkt 019200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H9064.IH
H9064
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(I) is identified as a ‘Country of Particular 
Concern’ or a country where religious freedom is of 
significant interest in the 2018 International Reli-
gious Freedom Report; or 
‘‘(II) does not extend reciprocal immigration 
treatment to nationals of the United States who are 
seeking resident status in order to work in a reli-
gious vocation or occupation.’’. 
TITLE XIII—TERMINATION OF 
EB–5 PROGRAM 
SEC. 1301. TERMINATION OF EB–5 PROGRAM. 
(a) REPEAL OF PROVISIONS.—Effective on the date 
of the enactment of this Act, the following provisions are 
repealed: 
(1) Section 203(b)(5) of the Immigration and 
Nationality Act (8 U.S.C. 1153(b)(5)). 
(2) Section 204(a)(1)(H) of the Immigration 
and Nationality Act (8 U.S.C. 1154(a)(1)(H)). 
(3) Section 216A of the Immigration and Na-
tionality Act (8 U.S.C. 1186b). 
(4) Section 610 of the Departments of Com-
merce, Justice, and State, the Judiciary, and Re-
lated Agencies Appropriations Act, 1993 (8 U.S.C. 
1153 note). 
VerDate Sep 11 2014 
20:33 Feb 19, 2021
Jkt 019200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H9064.IH
H9064
pbinns on DSKJLVW7X2PROD with BILLS
(b) APPLICABILITY.—Beginning on the date of the 
enactment of this Act, the Secretary of Homeland Secu-
rity— 
(1) shall cease to accept petitions and applica-
tions under any authority repealed under subsection 
(a); and 
(2) shall dismiss all pending petitions and appli-
cations described in paragraph (1). 
TITLE XIV—EXPATRIATE 
TERRORIST 
SEC. 1401. SHORT TITLE. 
This title may be cited as the ‘‘Expatriate Terrorist 
Act’’. 
SEC. 1402. LOSS OF NATIONALITY DUE TO SUPPORT OF 
TERRORISM. 
Section 349(a) of the Immigration and Nationality 
Act (8 U.S.C. 1481(a)) is amended to read as follows: 
‘‘(a) IN GENERAL.—A person who is a national of 
the United States whether by birth or naturalization, shall 
lose his or her nationality by voluntarily performing any 
of the following acts with the intention of relinquishing 
United States nationality: 
‘‘(1) Obtaining naturalization in a foreign state 
upon his or her own application or upon an applica-
VerDate Sep 11 2014 
20:33 Feb 19, 2021
Jkt 019200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H9064.IH
H9064
pbinns on DSKJLVW7X2PROD with BILLS
tion filed by a duly authorized agent, after having 
attained 18 years of age. 
‘‘(2) Taking an oath or making an affirmation 
or other formal declaration of allegiance to a foreign 
state, a political subdivision thereof, or a foreign ter-
rorist organization designated under section 219, 
after having attained 18 years of age. 
‘‘(3) Entering, or serving in, the armed forces 
of a foreign state or a foreign terrorist organization 
designated under section 219 if— 
‘‘(A) such armed forces are engaged in 
hostilities against the United States; or 
‘‘(B) such persons serve as a commissioned 
or noncommissioned officer. 
‘‘(4) Becoming a member of, or providing train-
ing or material assistance to, any foreign terrorist 
organization designated under section 219. 
‘‘(5) Accepting, serving in, or performing the 
duties of any office, post, or employment under the 
government of a foreign state, a political subdivision 
thereof, or a foreign terrorist organization des-
ignated under section 219 if— 
‘‘(A) the person knowingly has or acquires 
the nationality of such foreign state; or 
VerDate Sep 11 2014 
20:33 Feb 19, 2021
Jkt 019200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H9064.IH
H9064
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(D) violating section 2384 of such title by en-
gaging in a conspiracy to overthrow, put down, or to 
destroy by force the Government of the United 
States, or to levy war against them, 
if and when such person is convicted thereof by a 
court martial or by a court of competent jurisdic-
tion.’’. 
SEC. 1403. REVOCATION OR DENIAL OF PASSPORTS AND 
PASSPORT CARDS TO INDIVIDUALS WHO ARE 
MEMBERS OF FOREIGN TERRORIST ORGANI-
ZATIONS. 
The Act entitled ‘‘An Act to regulate the issue and 
validity of passports, and for other purposes’’, approved 
July 3, 1926 (22 U.S.C. 211a et seq.), which is commonly 
known as the ‘‘Passport Act of 1926’’, is amended by add-
ing at the end the following: 
‘‘SEC. 4. AUTHORITY TO DENY OR REVOKE PASSPORT AND 
PASSPORT CARD. 
‘‘(a) INELIGIBILITY.— 
‘‘(1) ISSUANCE.—The Secretary of State shall 
not issue a passport or passport card to any indi-
vidual whom the Secretary has determined is a 
member, or is attempting to become a member, of 
an organization the Secretary has designated as a 
foreign terrorist organization pursuant to section 
VerDate Sep 11 2014 
20:33 Feb 19, 2021
Jkt 019200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\H9064.IH
H9064
pbinns on DSKJLVW7X2PROD with BILLS
219 of the Immigration and Nationality Act (8 
U.S.C. 1189). 
‘‘(2) REVOCATION.—The Secretary of State 
shall revoke a passport or passport card previously 
issued to any individual described in paragraph (1). 
‘‘(b) RIGHT OF REVIEW.—Any person who, in ac-
cordance with this section, is denied issuance of a passport 
or passport card by the Secretary of State, or whose pass-
port or passport card is revoked or otherwise restricted 
by the Secretary of State, may request a due process hear-
ing not later than 60 days after receiving such notice of 
the nonissuance, revocation, or restriction.’’. 
TITLE XV—SILENCERS HELP US 
SAVE HEARING 
SEC. 1501. SHORT TITLE. 
This title may be cited as the ‘‘Silencers Help Us 
Save Hearing Act’’ or the ‘‘SHUSH Act’’. 
SEC. 1502. EQUAL TREATMENT OF SILENCERS AND FIRE-
ARMS. 
(a) IN GENERAL.—Section 5845(a) of the Internal 
Revenue Code of 1986 is amended by striking ‘‘(7) any 
silencer’’ and all that follows through ‘‘; and (8)’’ and in-
serting ‘‘; and (7)’’. 
(b) EFFECTIVE DATE.— 
VerDate Sep 11 2014 
20:33 Feb 19, 2021
Jkt 019200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\H9064.IH
H9064
pbinns on DSKJLVW7X2PROD with BILLS
(1) IN
GENERAL.—Except as otherwise pro-
vided in this subsection, the amendment made by 
this section shall take effect on the date of the en-
actment of this Act. 
(2) TRANSFERS.—In the case of the tax im-
posed by section 5811 of such Code, the amendment 
made by this section shall apply with respect to 
transfers after October 22, 2015. 
SEC. 1503. TREATMENT OF CERTAIN SILENCERS. 
Section 5841 of the Internal Revenue Code of 1986 
is amended by adding at the end the following: 
‘‘(f) FIREARM SILENCERS.—A person acquiring or 
possessing a firearm silencer in accordance with Chapter 
44 of title 18, United States Code, shall be treated as 
meeting any registration and licensing requirements of the 
National Firearms Act (as in effect on the day before the 
date of the enactment of this subsection) with respect to 
such silencer.’’. 
SEC. 1504. PREEMPTION OF CERTAIN STATE LAWS IN RELA-
TION TO FIREARM SILENCERS. 
Section 927 of title 18, United States Code, is 
amended by adding at the end the following: ‘‘Notwith-
standing the preceding sentence, a law of a State or a 
political subdivision of a State that, as a condition of law-
fully making, transferring, using, possessing, or trans-
VerDate Sep 11 2014 
20:33 Feb 19, 2021
Jkt 019200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\H9064.IH
H9064
pbinns on DSKJLVW7X2PROD with BILLS
porting a firearm silencer in or affecting interstate or for-
eign commerce, imposes a tax on any such conduct, or a 
marking, recordkeeping or registration requirement with 
respect to the firearm silencer, shall have no force or ef-
fect.’’. 
SEC. 1505. SILENCERS AND MUFFLERS NOT TO BE FEDER-
ALLY REGULATED. 
(a) DEFINITIONS.—Section 921(a) of title 18, United 
States Code, is amended— 
(1) in paragraph (3), by striking ‘‘(C) any fire-
arm muffler or firearm silencer; or (D)’’ and insert-
ing ‘‘or (C)’’; and 
(2) by striking paragraph (24). 
(b) PENALTIES.—Section 924 of such title is amend-
ed— 
(1) in subsection (c)(1)— 
(A) in paragraph (1)(B)(ii) by striking ‘‘, 
or is equipped with a firearm silencer or fire-
arm muffler’’; and 
(B) in paragraph (1)(C), by striking ‘‘or is 
equipped with a firearm silencer or firearm 
muffler,’’; and 
(2) in subsection (o), by striking ‘‘or is 
equipped with a firearm silencer or muffler,’’. 
VerDate Sep 11 2014 
20:33 Feb 19, 2021
Jkt 019200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6201
E:\BILLS\H9064.IH
H9064
pbinns on DSKJLVW7X2PROD with BILLS
(c) CARRYING OF CONCEALED FIREARMS BY QUALI-
FIED
LAW
ENFORCEMENT
OFFICERS.—Section 
926B(e)(3) of such title is amended— 
(1) in subparagraph (A), by adding ‘‘and’’ at 
the end; 
(2) by striking subparagraph (B); and 
(3) by redesignating subparagraph (C) as sub-
paragraph (B). 
(d) CARRYING OF CONCEALED FIREARMS BY QUALI-
FIED RETIRED LAW ENFORCEMENT OFFICERS.—Section 
926C(e)(1)(C) of such title is amended— 
(1) in clause (i), by adding ‘‘and’’ at the end; 
and 
(2) by striking clause (ii). 
TITLE XVI—PROTECT AMERICAN 
IPR 
SEC. 1601. SHORT TITLE. 
This title may be cited as the ‘‘Protect American IPR 
Act’’. 
SEC. 1602. STUDY AND REPORT ON VIOLATIONS OF UNITED 
STATES INTELLECTUAL PROPERTY RIGHTS 
IN CHINA OR BY CHINESE PERSONS. 
(a) STUDY.—The United States Trade Representa-
tive, in consultation with the United States International 
Trade Commission, shall conduct an annual study to de-
VerDate Sep 11 2014 
20:33 Feb 19, 2021
Jkt 019200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6201
E:\BILLS\H9064.IH
H9064
pbinns on DSKJLVW7X2PROD with BILLS
termine the estimated annual loss of revenue to holders 
of United States intellectual property rights as a result 
of direct or indirect violations of such intellectual property 
rights in the People’s Republic of China or by any Chinese 
person, including governmental entities of China, in the 
preceding calendar year. 
(b) REPORT.—Not later than 120 days after the date 
of the enactment of this Act, and annually thereafter, the 
United States Trade Representative shall submit to Con-
gress a report that contains the results of the study con-
ducted pursuant to subsection (a). 
SEC. 1603. IMPOSITION OF DUTIES ON MERCHANDISE 
FROM CHINA AND DISTRIBUTION OF PRO-
CEEDS OF SUCH DUTIES TO HOLDERS OF 
CERTAIN 
UNITED 
STATES 
INTELLECTUAL 
PROPERTY RIGHTS. 
Notwithstanding any other provision of law, the 
President, acting through the United States Trade Rep-
resentative, shall impose duties on merchandise origi-
nating from China in an amount equivalent to— 
(1) the estimated total loss of revenue to hold-
ers of United States intellectual property rights as 
a result of violations of such intellectual property 
rights in China during the previous calendar year, as 
VerDate Sep 11 2014 
20:33 Feb 19, 2021
Jkt 019200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6201
E:\BILLS\H9064.IH
H9064
pbinns on DSKJLVW7X2PROD with BILLS
determined by the study conducted pursuant to sec-
tion 1602(a), reduced by 
(2) the total amount of any tariffs collected, 
pursuant to section 301 of the Trade Act of 1974 
(19 U.S.C. 2411) or any other provision of law au-
thorizing the President to act to safeguard intellec-
tual property rights, with respect to such violations 
in such previous calendar year. 
SEC. 1604. COMPENSATION FOR LOSSES BORNE BY HOLD-
ERS 
OF 
UNITED 
STATES 
INTELLECTUAL 
PROPERTY RIGHTS. 
(a) ESTABLISHMENT OF TRUST FUND.—There is es-
tablished in the Treasury of the United States a trust 
fund, to be known as the ‘‘American IPR Trust Fund’’ 
(in this section referred to as the ‘‘Trust Fund’’), con-
sisting of such amounts as may be deposited to the Trust 
Fund pursuant to subsection (b) to be used, in accordance 
with subsection (c), for the purpose of compensating the 
injury to holders of United States intellectual property 
rights resulting from violations of such intellectual prop-
erty rights in China or by any Chinese person, including 
governmental entities of China. 
(b) FUNDING.—The Commissioner of U.S. Customs 
and Border Patrol shall deposit into the Trust Fund any 
amounts collected from duties imposed pursuant to section 
VerDate Sep 11 2014 
20:33 Feb 19, 2021
Jkt 019200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6201
E:\BILLS\H9064.IH
H9064
pbinns on DSKJLVW7X2PROD with BILLS
1603, which shall remain available until expended for the 
purpose described in subsection (a). 
(c) DISTRIBUTION OF FUNDS.— 
(1) IN GENERAL.—From amounts in the Trust 
Fund, the Commissioner of U.S. Customs and Bor-
der Patrol shall make payments annually to each 
person the Commissioner determines, with respect to 
the preceding calendar year— 
(A) was— 
(i) if an individual, a citizen or legal 
permanent resident of the United States; 
or 
(ii) if an entity, organized under the 
laws of the United States or any subdivi-
sion of the United States; 
(B) held the rights to intellectual property 
under the laws of the United States; and 
(C) can establish quantifiable losses result-
ing from the violation, directly or indirectly, of 
such rights in China or by any Chinese person, 
including governmental entities of China, dur-
ing such year. 
(2) MAXIMUM
PAYMENT.—The Commissioner 
may not make a payment under this subsection to 
any person for any year in an amount that is great-
VerDate Sep 11 2014 
20:33 Feb 19, 2021
Jkt 019200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6201
E:\BILLS\H9064.IH
H9064
pbinns on DSKJLVW7X2PROD with BILLS
er than the amount of the loss described in para-
graph (1)(C) established with respect to such person 
in such year. 
(d) CONSULTATION.—The Commissioner shall con-
sult with the United States Trade Representative and the 
Secretary of Commerce in issuing such regulations as may 
be necessary to carry out this title. 
TITLE XVII—SUNSET ACT 
SEC. 1701. SHORT TITLE. 
This title may be cited as the ‘‘Sunset Act of 2020’’. 
SEC. 1702. CONGRESSIONAL REVIEW OF AGENCY RULE-
MAKING. 
Chapter 8 of title 5, United States Code, is amended 
to read as follows: 
‘‘CHAPTER 8—CONGRESSIONAL REVIEW 
OF AGENCY RULEMAKING 
‘‘801. Congressional review. 
‘‘802. Congressional approval procedure for rules. 
‘‘803. Definitions. 
‘‘804. Judicial review. 
‘‘805. Exemption for monetary policy. 
‘‘806. Review of rules currently in effect. 
‘‘807. Sunset for rules. 
‘‘§ 801. Congressional review 
‘‘(a)(1)(A) Beginning on the date that is 3 months 
after the date of enactment of this section and every 3 
months thereafter, each agency shall submit to each 
House of the Congress and to the Comptroller General a 
VerDate Sep 11 2014 
20:33 Feb 19, 2021
Jkt 019200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6201
E:\BILLS\H9064.IH
H9064
pbinns on DSKJLVW7X2PROD with BILLS
report including each rule made by that agency during 
that 3-month period, containing— 
‘‘(i) a copy of each such rule; 
‘‘(ii) a concise general statement relating to the 
rule; 
‘‘(iii) a list of any other related regulatory ac-
tions intended to implement the same statutory pro-
vision or regulatory objective as well as the indi-
vidual and aggregate economic effects of those ac-
tions; and 
‘‘(iv) the proposed effective date of the rule. 
‘‘(B) No rule may take effect before the submission 
of a report under subparagraph (A) that includes that 
rule. 
‘‘(C) On the date of the submission of the report 
under subparagraph (A), the Federal agency promulgating 
each rule included in the report shall submit to the Comp-
troller General and make available to each House of Con-
gress— 
‘‘(i) a complete copy of the cost-benefit analysis 
of the rule, if any; 
‘‘(ii) the agency’s actions pursuant to title 5 of 
the United States Code, sections 603, 604, 605, 
607, and 609; 
VerDate Sep 11 2014 
20:33 Feb 19, 2021
Jkt 019200
PO 00000
Frm 00058
Fmt 6652
Sfmt 6201
E:\BILLS\H9064.IH
H9064
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(iii) the agency’s actions pursuant to title 2 of 
the United States Code, sections 1532, 1533, 1534, 
and 1535; and 
‘‘(iv) any other relevant information or require-
ments under any other Act and any relevant Execu-
tive orders. 
‘‘(D) Upon receipt of a report submitted under sub-
paragraph (A), each House shall provide copies of the re-
port to the chairman and ranking member of each stand-
ing committee with jurisdiction under the rules of the 
House of Representatives or the Senate to report a bill 
to amend the provision of law under which each rule in-
cluded in the report is issued. 
‘‘(2)(A) The Comptroller General shall provide a re-
port on each rule to the committees of jurisdiction by the 
end of 15 calendar days after the submission or publica-
tion date as provided in section 802(b)(2). The report of 
the Comptroller General shall include an assessment of the 
agency’s compliance with procedural steps required by 
paragraph (1)(C). 
‘‘(B) Federal agencies shall cooperate with the Comp-
troller General by providing information relevant to the 
Comptroller General’s report under subparagraph (A). 
‘‘(3) A rule included in a report submitted under 
paragraph (1) shall take effect upon enactment of a joint 
VerDate Sep 11 2014 
20:33 Feb 19, 2021
Jkt 019200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6201
E:\BILLS\H9064.IH
H9064
pbinns on DSKJLVW7X2PROD with BILLS
resolution of approval described in section 802 or as pro-
vided for in the rule following enactment of a joint resolu-
tion of approval described in section 802, whichever is 
later. 
‘‘(4) If a joint resolution of approval relating to a 
rule is not enacted within the period provided in sub-
section (b)(2), then a joint resolution of approval relating 
to the same rule may not be considered under this chapter 
in the same Congress by either the House of Representa-
tives or the Senate. 
‘‘(b)(1) A rule shall not take effect unless the Con-
gress enacts a joint resolution of approval described under 
section 802. 
‘‘(2) If a joint resolution described in subsection (a) 
is not enacted into law by the end of 70 session days or 
legislative days, as applicable, beginning on the date on 
which the report referred to in section 801(a)(1)(A) is re-
ceived by Congress (excluding days either House of Con-
gress is adjourned for more than 3 days during a session 
of Congress), then each rule described in that resolution 
shall be deemed not to be approved and such rule shall 
not take effect. 
‘‘(3) Such a rule may not be reissued in substantially 
the same form, and a new rule that is substantially the 
same as such a rule may not be issued, unless the reissued 
VerDate Sep 11 2014 
20:33 Feb 19, 2021
Jkt 019200
PO 00000
Frm 00060
Fmt 6652
Sfmt 6201
E:\BILLS\H9064.IH
H9064
pbinns on DSKJLVW7X2PROD with BILLS
or new rule is specifically authorized by a law enacted 
after the date described in this subsection. 
‘‘(c)(1) Notwithstanding any other provision of this 
section (except subject to paragraph (3)), a rule may take 
effect for one 90-calendar-day period if the President 
makes a determination under paragraph (2) and submits 
written notice of such determination to the Congress. 
‘‘(2) Paragraph (1) applies to a determination made 
by the President by Executive order that the rule should 
take effect because such rule is— 
‘‘(A) necessary because of an imminent threat 
to health or safety or other emergency; 
‘‘(B) necessary for the enforcement of criminal 
laws; 
‘‘(C) necessary for national security; or 
‘‘(D) issued pursuant to any statute imple-
menting an international trade agreement. 
‘‘(3) An exercise by the President of the authority 
under this subsection shall have no effect on the proce-
dures under section 802. 
‘‘(d)(1) In addition to the opportunity for review oth-
erwise provided under this chapter, in the case of any rule 
included in a report submitted in accordance with sub-
section (a)(1)(A) during the period beginning on the date 
occurring— 
VerDate Sep 11 2014 
20:33 Feb 19, 2021
Jkt 019200
PO 00000
Frm 00061
Fmt 6652
Sfmt 6201
E:\BILLS\H9064.IH
H9064
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(A) in the case of the Senate, 60 session days, 
or 
‘‘(B) in the case of the House of Representa-
tives, 60 legislative days, 
before the date the Congress is scheduled to adjourn a 
session of Congress through the date on which the same 
or succeeding Congress first convenes its next session, sec-
tion 802 shall apply to such rule in the succeeding session 
of Congress. 
‘‘(2)(A) In applying section 802 for purposes of such 
additional review, a rule described under paragraph (1) 
shall be treated as though— 
‘‘(i) such rule were published in the Federal 
Register on— 
‘‘(I) in the case of the Senate, the 15th 
session day, or 
‘‘(II) in the case of the House of Rep-
resentatives, the 15th legislative day, 
after the succeeding session of Congress first con-
venes; and 
‘‘(ii) a report on such rule were submitted to 
Congress under subsection (a)(1) on such date. 
‘‘(B) Nothing in this paragraph shall be construed 
to affect the requirement under subsection (a)(1) that a 
VerDate Sep 11 2014 
20:33 Feb 19, 2021
Jkt 019200
PO 00000
Frm 00062
Fmt 6652
Sfmt 6201
E:\BILLS\H9064.IH
H9064
pbinns on DSKJLVW7X2PROD with BILLS
report shall be submitted to Congress before a rule can 
take effect. 
‘‘(3) A rule described under paragraph (1) shall take 
effect as otherwise provided by law (including other sub-
sections of this section). 
‘‘§ 802. Congressional approval procedure for rules 
‘‘(a) For purposes of this section, the term ‘joint res-
olution’ means only a joint resolution introduced on or 
after the date on which the report referred to in section 
801(a)(1)(A) is received by Congress (excluding days ei-
ther House of Congress is adjourned for more than 3 days 
during a session of Congress), the matter after the resolv-
ing clause of which is as follows: ‘That Congress approves 
the rules submitted by the ll relating to ll.’ (The 
blank spaces being appropriately filled in). 
‘‘(1) In the House, the majority leader of the 
House of Representatives (or his designee) and the 
minority leader of the House of Representatives (or 
his designee) shall introduce such joint resolution 
described in subsection (a) (by request), within 3 
legislative days after Congress receives the report re-
ferred to in section 801(a)(1)(A). 
‘‘(2) In the Senate, the majority leader of the 
Senate (or his designee) and the minority leader of 
the Senate (or his designee) shall introduce such 
VerDate Sep 11 2014 
20:33 Feb 19, 2021
Jkt 019200
PO 00000
Frm 00063
Fmt 6652
Sfmt 6201
E:\BILLS\H9064.IH
H9064
pbinns on DSKJLVW7X2PROD with BILLS
joint resolution described in subsection (a) (by re-
quest), within 3 session days after Congress receives 
the report referred to in section 801(a)(1)(A). 
‘‘(b)(1) A joint resolution described in subsection (a) 
shall be referred to the committees in each House of Con-
gress with jurisdiction under the rules of the House of 
Representatives or the Senate to report a bill to amend 
the provision of law under which the rule is issued. 
‘‘(2) For purposes of this section, the term ‘submis-
sion date’ means the date on which the Congress receives 
the report submitted under section 801(a)(1). 
‘‘(c) In the Senate, if the committee or committees 
to which a joint resolution described in subsection (a) has 
been referred have not reported it at the end of 15 session 
days after its introduction, such committee or committees 
shall be automatically discharged from further consider-
ation of the resolution and it shall be placed on the cal-
endar. A vote on final passage of the resolution shall be 
taken on or before the close of the 15th session day after 
the resolution is reported by the committee or committees 
to which it was referred, or after such committee or com-
mittees have been discharged from further consideration 
of the resolution. 
‘‘(d)(1) In the Senate, when the committee or com-
mittees to which a joint resolution is referred have re-
VerDate Sep 11 2014 
20:33 Feb 19, 2021
Jkt 019200
PO 00000
Frm 00064
Fmt 6652
Sfmt 6201
E:\BILLS\H9064.IH
H9064
pbinns on DSKJLVW7X2PROD with BILLS
ported, or when a committee or committees are discharged 
(under subsection (c)) from further consideration of a 
joint resolution described in subsection (a), it is at any 
time thereafter in order (even though a previous motion 
to the same effect has been disagreed to) for a motion 
to proceed to the consideration of the joint resolution, and 
all points of order against the joint resolution (and against 
consideration of the joint resolution) are waived. The mo-
tion is not subject to amendment, or to a motion to post-
pone, or to a motion to proceed to the consideration of 
other business. A motion to reconsider the vote by which 
the motion is agreed to or disagreed to shall not be in 
order. If a motion to proceed to the consideration of the 
joint resolution is agreed to, the joint resolution shall re-
main the unfinished business of the Senate until disposed 
of. 
‘‘(2) In the Senate, debate on the joint resolution, 
and on all debatable motions and appeals in connection 
therewith, shall be limited to not more than 2 hours, which 
shall be divided equally between those favoring and those 
opposing the joint resolution. A motion to further limit 
debate is in order and not debatable. It shall be in order 
to consider any amendment that provides for specific con-
ditions on which the approval of a particular rule included 
in the joint resolution is contingent. 
VerDate Sep 11 2014 
20:33 Feb 19, 2021
Jkt 019200
PO 00000
Frm 00065
Fmt 6652
Sfmt 6201
E:\BILLS\H9064.IH
H9064
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(3) In the Senate, immediately following the conclu-
sion of the debate on a joint resolution described in sub-
section (a), and a single quorum call at the conclusion of 
the debate if requested in accordance with the rules of the 
Senate, the vote on final passage of the joint resolution 
shall occur. 
‘‘(4) Appeals from the decisions of the Chair relating 
to the application of the rules of the Senate to the proce-
dure relating to a joint resolution described in subsection 
(a) shall be decided without debate. 
‘‘(e)(1) In the House of Representatives, if the com-
mittee or committees to which a joint resolution described 
in subsection (a) has been referred have not reported it 
at the end of 15 legislative days after its introduction, 
such committee or committees shall be automatically dis-
charged from further consideration of the resolution and 
it shall be placed on the appropriate calendar. A vote on 
final passage of the resolution shall be taken on or before 
the close of the 15th legislative day after the resolution 
is reported by the committee or committees to which it 
was referred, or after such committee or committees have 
been discharged from further consideration of the resolu-
tion. 
‘‘(2)(A) A motion in the House of Representatives to 
proceed to the consideration of a resolution shall be privi-
VerDate Sep 11 2014 
20:33 Feb 19, 2021
Jkt 019200
PO 00000
Frm 00066
Fmt 6652
Sfmt 6201
E:\BILLS\H9064.IH
H9064
pbinns on DSKJLVW7X2PROD with BILLS
leged and not debatable. An amendment to the motion 
shall not be in order, nor shall it be in order to move to 
reconsider the vote by which the motion is agreed to or 
disagreed to. 
‘‘(B) Debate in the House of Representatives on a 
resolution shall be limited to not more than two hours, 
which shall be divided equally between those favoring and 
those opposing the resolution. A motion to further limit 
debate shall not be debatable. Amendments to the resolu-
tion shall be in order. No motion to recommit the resolu-
tion shall be in order. It shall be in order to consider any 
amendment that provides for specific conditions on which 
the approval of a particular rule included in the joint reso-
lution is contingent. 
‘‘(C) Motions to postpone, made in the House of Rep-
resentatives with respect to the consideration of a resolu-
tion, and motions to proceed to the consideration of other 
business, shall be decided without debate. 
‘‘(D) All appeals from the decisions of the Chair re-
lating to the application of the Rules of the House of Rep-
resentatives to the procedure relating to a resolution shall 
be decided without debate. 
‘‘(f) If, before the passage by one House of a joint 
resolution of that House described in subsection (a), that 
House receives from the other House a joint resolution 
VerDate Sep 11 2014 
20:33 Feb 19, 2021
Jkt 019200
PO 00000
Frm 00067
Fmt 6652
Sfmt 6201
E:\BILLS\H9064.IH
H9064
pbinns on DSKJLVW7X2PROD with BILLS
described in subsection (a), then the following procedures 
shall apply with respect to a joint resolution described in 
subsection (a) of the House receiving the joint resolu-
tion— 
‘‘(1) the procedure in that House shall be the 
same as if no joint resolution had been received from 
the other House; but 
‘‘(2) the vote on final passage shall be on the 
joint resolution of the other House. 
‘‘(g) This section is enacted by Congress— 
‘‘(1) as an exercise of the rulemaking power of 
the Senate and House of Representatives, respec-
tively, and as such it is deemed a part of the rules 
of each House, respectively, but applicable only with 
respect to the procedure to be followed in that 
House in the case of a joint resolution described in 
subsection (a), and it supersedes other rules only to 
the extent that it is inconsistent with such rules; and 
‘‘(2) with full recognition of the constitutional 
right of either House to change the rules (so far as 
relating to the procedure of that House) at any time, 
in the same manner, and to the same extent as in 
the case of any other rule of that House. 
‘‘§ 803. Definitions 
‘‘For purposes of this chapter— 
VerDate Sep 11 2014 
20:33 Feb 19, 2021
Jkt 019200
PO 00000
Frm 00068
Fmt 6652
Sfmt 6201
E:\BILLS\H9064.IH
H9064
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(1) The term ‘Federal agency’ means any 
agency as that term is defined in section 551(1). 
‘‘(2) The term ‘rule’ has the meaning given 
such term in section 551, except that such term does 
not include— 
‘‘(A) any rule of particular applicability, 
including a rule that approves or prescribes for 
the future rates, wages, prices, services, or al-
lowances therefore, corporate or financial struc-
tures, reorganizations, mergers, or acquisitions 
thereof, or accounting practices or disclosures 
bearing on any of the foregoing; 
‘‘(B) any rule relating to agency manage-
ment or personnel; or 
‘‘(C) any rule of agency organization, pro-
cedure, or practice that does not substantially 
affect the rights or obligations of non-agency 
parties. 
‘‘§ 804. Judicial review 
‘‘(a) No determination, finding, action, or omission 
under this chapter shall be subject to judicial review. 
‘‘(b) Notwithstanding subsection (a), a court may de-
termine whether a Federal agency has completed the nec-
essary requirements under this chapter for a rule to take 
effect. 
VerDate Sep 11 2014 
20:33 Feb 19, 2021
Jkt 019200
PO 00000
Frm 00069
Fmt 6652
Sfmt 6201
E:\BILLS\H9064.IH
H9064
pbinns on DSKJLVW7X2PROD with BILLS
‘‘§ 805. Exemption for monetary policy 
‘‘Nothing in this chapter shall apply to rules that con-
cern monetary policy proposed or implemented by the 
Board of Governors of the Federal Reserve System or the 
Federal Open Market Committee. 
‘‘§ 806. Review of rules currently in effect 
‘‘(a) ANNUAL REVIEW.—Beginning on the date that 
is 6 months after the date of enactment of this section 
and annually thereafter for the 9 years following, each 
agency shall designate not less than 10 percent of eligible 
rules made by that agency for review, and shall submit 
a report including each such eligible rule in the same man-
ner as a report under section 801(a)(1). Section 801 and 
section 802 shall apply to each such rule, subject to sub-
section (c) of this section. No eligible rule previously des-
ignated may be designated again. 
‘‘(b) SUNSET
FOR
ELIGIBLE
RULES
NOT
EX-
TENDED.—Beginning after the date that is 10 years after 
the date of enactment of this section, if Congress has not 
enacted a joint resolution of approval for that eligible rule, 
that eligible rule shall not continue in effect. 
‘‘(c) CONSOLIDATION; SEVERABILITY.—In applying 
sections 801 and 802 to eligible rules under this section, 
the following shall apply: 
‘‘(1) The words ‘take effect’ shall be read as 
‘continue in effect’. 
VerDate Sep 11 2014 
20:33 Feb 19, 2021
Jkt 019200
PO 00000
Frm 00070
Fmt 6652
Sfmt 6201
E:\BILLS\H9064.IH
H9064
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(2) Except as provided in paragraph (3), a 
single joint resolution of approval shall apply to all 
eligible rules in a report designated for a year, and 
the matter after the resolving clause of that joint 
resolution is as follows: ‘That Congress approves the 
rules submitted by the ll for the year ll.’ (The 
blank spaces being appropriately filled in). 
‘‘(3) It shall be in order to consider any amend-
ment that provides for specific conditions on which 
the approval of a particular eligible rule included in 
the joint resolution is contingent. 
‘‘(4) A member of either House may move that 
a separate joint resolution be required for a specified 
rule. 
‘‘(d) DEFINITION.—In this section, the term ‘eligible 
rule’ means a rule that is in effect as of the date of enact-
ment of this section. 
‘‘§ 807. Sunset for rules 
‘‘(a) EXPIRATION OF RULE.— 
‘‘(1) IN GENERAL.—Except as provided in this 
section, each rule made by an agency shall cease to 
have effect— 
‘‘(A) beginning on the date that is 10 
years after the date of enactment of a joint res-
olution of approval with regard to the rule; or 
VerDate Sep 11 2014 
20:33 Feb 19, 2021
Jkt 019200
PO 00000
Frm 00071
Fmt 6652
Sfmt 6201
E:\BILLS\H9064.IH
H9064
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(B) if a joint resolution of extension de-
scribed in subsection (d) has been enacted with 
regard to the rule, beginning on the date that 
is 10 years after the date of enactment of the 
most recently enacted such joint resolution. 
‘‘(2) REISSUANCE
OF
THE
RULE
PROHIB-
ITED.—The rule may not be reissued in substan-
tially the same form, and a new rule that is substan-
tially the same as such a rule may not be issued, un-
less the reissued or new rule is specifically author-
ized by a law enacted after the date described in this 
subsection (a). 
‘‘(b) REPORT BY AGENCY.—Not later than 180 days 
before the date described in subsection (a), the agency 
shall submit a report similar to the report described in 
section 801(a)(1)(A) to each House of Congress and to 
the Comptroller General, except that instead of the pro-
posed effective date, such report shall contain the date de-
scribed in subsection (a). 
‘‘(c) EXEMPTION
BY PRESIDENT.—The President 
may by Executive order exempt a rule from the application 
of subsection (a) for a period of not more than 10 years 
if the President determines, and submits to Congress writ-
ten notice of such determination, that such rule is— 
VerDate Sep 11 2014 
20:33 Feb 19, 2021
Jkt 019200
PO 00000
Frm 00072
Fmt 6652
Sfmt 6201
E:\BILLS\H9064.IH
H9064
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(1) necessary because of an imminent threat 
to health or safety or other emergency; 
‘‘(2) necessary for the enforcement of criminal 
laws; 
‘‘(3) necessary for national security; or 
‘‘(4) issued pursuant to any statute imple-
menting an international trade agreement. 
‘‘(d) JOINT RESOLUTION OF EXTENSION.— 
‘‘(1) JOINT
RESOLUTION
DESCRIBED.—For 
purposes of this section, the term ‘joint resolution’ 
means only a joint resolution introduced on or after 
the date on which the report referred to subsection 
(b) is received by Congress (excluding days either 
House of Congress is adjourned for more than 3 
days during a session of Congress), the matter after 
the resolving clause of which is as follows: ‘That 
Congress extends the rule submitted by the l l 
relating to l l.’ (The blank spaces being appro-
priately filled in). The following shall apply to such 
a joint resolution: 
‘‘(A) In the House, the majority leader of 
the House of Representatives (or his designee) 
and the minority leader of the House of Rep-
resentatives (or his designee) shall introduce 
such joint resolution (by request), within 3 leg-
VerDate Sep 11 2014 
20:33 Feb 19, 2021
Jkt 019200
PO 00000
Frm 00073
Fmt 6652
Sfmt 6201
E:\BILLS\H9064.IH
H9064
pbinns on DSKJLVW7X2PROD with BILLS
SEC. 1802. CLARIFICATION THAT WAGES PAID TO UNAU-
THORIZED ALIENS MAY NOT BE DEDUCTED 
FROM GROSS INCOME. 
(a) IN GENERAL.—Subsection (c) of section 162 of 
the Internal Revenue Code of 1986 (relating to illegal 
bribes, kickbacks, and other payments) is amended by 
adding at the end the following new paragraph: 
‘‘(4) WAGES PAID TO OR ON BEHALF OF UNAU-
THORIZED ALIENS.— 
‘‘(A) IN GENERAL.—No deduction shall be 
allowed under subsection (a) for any wage paid 
to or on behalf of an unauthorized alien, as de-
fined under section 274A(h)(3) of the Immigra-
tion 
and 
Nationality 
Act 
(8 
U.S.C. 
1324a(h)(3)). 
‘‘(B) WAGES.—For the purposes of this 
paragraph, the term ‘wages’ means all remu-
neration for employment, including the cash 
value of all remuneration (including benefits) 
paid in any medium other than cash. 
‘‘(C) SAFE HARBOR.—If a person or other 
entity is participating in the E–Verify Program 
described in section 403(a) of the Illegal Immi-
gration Reform and Immigrant Responsibility 
Act of 1996 (8 U.S.C. 1324a note) and obtains 
confirmation of identity and employment eligi-
VerDate Sep 11 2014 
20:33 Feb 19, 2021
Jkt 019200
PO 00000
Frm 00075
Fmt 6652
Sfmt 6201
E:\BILLS\H9064.IH
H9064
pbinns on DSKJLVW7X2PROD with BILLS
bility in compliance with the terms and condi-
tions of the program with respect to the hiring 
(or recruitment or referral) of an employee, 
subparagraph (A) shall not apply with respect 
to wages paid to such employee. 
‘‘(D) BURDEN OF PROOF.—In the case of 
any examination of a return in connection with 
a deduction under this section by reason of this 
paragraph, the Secretary shall bear the burden 
of proving that wages were paid to or on behalf 
of an unauthorized alien. 
‘‘(E) LIMITATION ON TAXPAYER AUDIT.— 
The Secretary may not commence an audit or 
other investigation of a taxpayer solely on the 
basis of a deduction taken under this section by 
reason of this paragraph.’’. 
(b) SIX-YEAR LIMITATION
ON ASSESSMENT
AND 
COLLECTION.—Subsection (c) of section 6501 of the In-
ternal Revenue Code of 1986 (relating to exceptions) is 
amended by adding at the end the following new para-
graph: 
‘‘(12) DEDUCTION CLAIMED FOR WAGES PAID 
TO UNAUTHORIZED ALIENS.—In the case of a return 
of tax on which a deduction is shown in violation of 
section 162(c)(4), any tax under chapter 1 may be 
VerDate Sep 11 2014 
20:33 Feb 19, 2021
Jkt 019200
PO 00000
Frm 00076
Fmt 6652
Sfmt 6201
E:\BILLS\H9064.IH
H9064
pbinns on DSKJLVW7X2PROD with BILLS
assessed, or a proceeding in court for the collection 
of such tax may be begun without assessment, at 
any time within 6 years after the return was filed.’’. 
(c) USE OF DOCUMENTATION FOR ENFORCEMENT 
PURPOSES.—Section 274A of the Immigration and Na-
tionality Act (8 U.S.C. 1324a) is amended— 
(1) in subparagraph (b)(5), by inserting ‘‘, sec-
tion 162(c)(4) of the Internal Revenue Code of 
1986,’’ after ‘‘enforcement of this Act’’; 
(2) in subparagraph (d)(2)(F), by inserting ‘‘, 
section 162(c)(4) of the Internal Revenue Code of 
1986,’’ after ‘‘enforcement of this Act’’; and 
(3) in subparagraph (d)(2)(G), by inserting 
‘‘section 162(c)(4) of the Internal Revenue Code of 
1986 or’’ after ‘‘or enforcement of’’. 
(d) AVAILABILITY OF INFORMATION.— 
(1) IN GENERAL.—The Commissioner of Social 
Security, the Secretary of the Department of Home-
land Security, and the Secretary of the Treasury, 
shall jointly establish a program to share informa-
tion among such agencies that may or could lead to 
the identification of unauthorized aliens (as defined 
under section 274A(h)(3) of the Immigration and 
Nationality Act), including any no-match letter, any 
information in the earnings suspense file, and any 
VerDate Sep 11 2014 
20:33 Feb 19, 2021
Jkt 019200
PO 00000
Frm 00077
Fmt 6652
Sfmt 6201
E:\BILLS\H9064.IH
H9064
pbinns on DSKJLVW7X2PROD with BILLS
information in the investigation and enforcement of 
section 162(c)(4) of the Internal Revenue Code of 
1986. 
(2) DISCLOSURE
BY
SECRETARY
OF
THE 
TREASURY.— 
(A) IN GENERAL.—Subsection (i) of sec-
tion 6103 of the Internal Revenue Code of 1986 
is amended by adding at the end the following 
new paragraph: 
‘‘(9) PAYMENT OF WAGES TO UNAUTHORIZED 
ALIENS.—Upon request from the Commissioner of 
the Social Security Administration or the Secretary 
of the Department of Homeland Security, the Sec-
retary shall disclose to officers and employees of 
such Administration or Department— 
‘‘(A) taxpayer identity information of em-
ployers who paid wages with respect to which a 
deduction was not allowed by reason of section 
162(c)(4), and 
‘‘(B) taxpayer identity information of indi-
viduals to whom such wages were paid, 
for purposes of carrying out any enforcement activi-
ties of such Administration or Department with re-
spect to such employers or individuals.’’. 
VerDate Sep 11 2014 
20:33 Feb 19, 2021
Jkt 019200
PO 00000
Frm 00078
Fmt 6652
Sfmt 6201
E:\BILLS\H9064.IH
H9064
pbinns on DSKJLVW7X2PROD with BILLS
(B) RECORDKEEPING.—Paragraph (4) of 
section 6103(p) of such Code is amended— 
(i) by striking ‘‘(5), or (7)’’ in the 
matter preceding subparagraph (A) and in-
serting ‘‘(5), (7), or (9)’’, and 
(ii) by striking ‘‘(5) or (7)’’ in sub-
paragraph (F)(ii) and inserting ‘‘(5), (7), 
or (9)’’. 
(e) EFFECTIVE DATE.— 
(1) Except as provided in paragraph (2), this 
title and the amendments made by this title shall 
take effect on the date of the enactment of this Act. 
(2) The amendments made by subsections (a) 
and (b) shall apply to taxable years beginning after 
December 31, 2018. 
SEC. 1803. MODIFICATION OF E–VERIFY PROGRAM. 
(a) MAKING PERMANENT.—Subsection (b) of section 
401 of the Illegal Immigration Reform and Immigrant Re-
sponsibility Act of 1996 (8 U.S.C. 1324a note) is amended 
by striking the last sentence. 
(b) APPLICATION TO CURRENT EMPLOYEES.— 
(1) VOLUNTARY ELECTION.—The first sentence 
of section 402(a) of such Act is amended to read as 
follows: ‘‘Any person or other entity that conducts 
any hiring (or recruitment or referral) in a State or 
VerDate Sep 11 2014 
20:33 Feb 19, 2021
Jkt 019200
PO 00000
Frm 00079
Fmt 6652
Sfmt 6201
E:\BILLS\H9064.IH
H9064
pbinns on DSKJLVW7X2PROD with BILLS
employs any individuals in a State may elect to par-
ticipate in the E–Verify Program.’’. 
(2) BENEFIT
OF
REBUTTABLE
PRESUMP-
TION.—Paragraph (1) of section 402(b) of such Act 
is amended by adding at the end the following: ‘‘If 
a person or other entity is participating in the E– 
Verify Program and obtains confirmation of identity 
and employment eligibility in compliance with the 
terms and conditions of the program with respect to 
individuals employed by the person or entity, the 
person or entity has established a rebuttable pre-
sumption that the person or entity has not violated 
section 274A(a)(2) with respect to such individ-
uals.’’. 
(3) SCOPE OF ELECTION.—Subparagraph (A) 
of section 402(c)(2) of such Act is amended to read 
as follows: 
‘‘(A) IN GENERAL.—Any electing person or 
other entity may provide that the election under 
subsection (a) shall apply (during the period in 
which the election is in effect)— 
‘‘(i) to all its hiring (and all recruit-
ment or referral); 
VerDate Sep 11 2014 
20:33 Feb 19, 2021
Jkt 019200
PO 00000
Frm 00080
Fmt 6652
Sfmt 6201
E:\BILLS\H9064.IH
H9064
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(ii) to all its hiring (and all recruit-
ment or referral and all individuals em-
ployed by the person or entity); 
‘‘(iii) to all its hiring (and all recruit-
ment or referral) in one or more States or 
one or more places of hiring (or recruit-
ment or referral, as the case may be); or 
‘‘(iv) to all its hiring (and all recruit-
ment or referral and all individuals em-
ployed by the person or entity) in one or 
more States or one or more place of hiring 
(or recruitment or referral or employment, 
as the case may be).’’. 
(4) PROCEDURES
FOR
PARTICIPANTS
IN
E– 
VERIFY PROGRAM.—Subsection (a) of section 403 of 
such Act is amended— 
(A) in the matter preceding paragraph (1), 
by inserting ‘‘or continued employment in the 
United States’’ after ‘‘United States’’; and 
(B) in paragraph (3)— 
(i) in subparagraph (A), by striking 
all that follows ‘‘(as specified by the Sec-
retary of Homeland Security)’’ and insert-
ing ‘‘after the date of the hiring, or re-
cruitment or referral, in the case of inquir-
VerDate Sep 11 2014 
20:33 Feb 19, 2021
Jkt 019200
PO 00000
Frm 00081
Fmt 6652
Sfmt 6201
E:\BILLS\H9064.IH
H9064
pbinns on DSKJLVW7X2PROD with BILLS
ies made pursuant to a hiring, recruitment 
or referral (and not of previously hired in-
dividuals).’’; and 
(ii) in subparagraph (B), by striking 
‘‘such 3 working days’’ and inserting ‘‘the 
specified period’’. 
(c) APPLICATION
TO JOB APPLICANTS.—Section 
402(c)(2) of such Act is amended by adding at the end 
the following: 
‘‘(C) JOB OFFER MAY BE MADE CONDI-
TIONAL
ON
FINAL
CONFIRMATION
BY
E– 
VERIFY.—A person or other entity that elects to 
participate in the E–Verify Program may offer 
a prospective employee an employment position 
conditioned on final verification of the identity 
and employment eligibility of the employee 
using the employment eligibility confirmation 
system established under section 404.’’. 
TITLE XIX—ENGLISH LANGUAGE 
UNITY 
SEC. 1901. SHORT TITLE. 
This title may be cited as the ‘‘English Language 
Unity Act of 2020’’. 
SEC. 1902. FINDINGS. 
The Congress finds and declares the following: 
VerDate Sep 11 2014 
20:33 Feb 19, 2021
Jkt 019200
PO 00000
Frm 00082
Fmt 6652
Sfmt 6201
E:\BILLS\H9064.IH
H9064
pbinns on DSKJLVW7X2PROD with BILLS
(1) The United States is composed of individ-
uals from diverse ethnic, cultural, and linguistic 
backgrounds, and continues to benefit from this rich 
diversity. 
(2) Throughout the history of the United 
States, the common thread binding individuals of 
differing backgrounds has been the English lan-
guage. 
(3) Among the powers reserved to the States 
respectively is the power to establish the English 
language as the official language of the respective 
States, and otherwise to promote the English lan-
guage within the respective States, subject to the 
prohibitions enumerated in the Constitution of the 
United States and in laws of the respective States. 
SEC. 1903. ENGLISH AS OFFICIAL LANGUAGE OF THE 
UNITED STATES. 
(a) IN GENERAL.—Title 4, United States Code, is 
amended by adding at the end the following new chapter: 
‘‘CHAPTER 6—OFFICIAL LANGUAGE 
‘‘§ 161. Official language of the United States 
‘‘The official language of the United States is 
English. 
VerDate Sep 11 2014 
20:33 Feb 19, 2021
Jkt 019200
PO 00000
Frm 00083
Fmt 6652
Sfmt 6201
E:\BILLS\H9064.IH
H9064
pbinns on DSKJLVW7X2PROD with BILLS
‘‘§ 162. Preserving and enhancing the role of the offi-
cial language 
‘‘Representatives of the Federal Government shall 
have an affirmative obligation to preserve and enhance the 
role of English as the official language of the Federal Gov-
ernment. Such obligation shall include encouraging great-
er opportunities for individuals to learn the English lan-
guage. 
‘‘§ 163. Official functions of Government to be con-
ducted in English 
‘‘(a) OFFICIAL FUNCTIONS.—The official functions 
of the Government of the United States shall be conducted 
in English. 
‘‘(b) SCOPE.—For the purposes of this section, the 
term ‘United States’ means the several States and the 
District of Columbia, and the term ‘official’ refers to any 
function that (i) binds the Government, (ii) is required 
by law, or (iii) is otherwise subject to scrutiny by either 
the press or the public. 
‘‘(c) PRACTICAL EFFECT.—This section shall apply 
to all laws, public proceedings, regulations, publications, 
orders, actions, programs, and policies, but does not apply 
to— 
‘‘(1) teaching of languages; 
‘‘(2) requirements under the Individuals with 
Disabilities Education Act; 
VerDate Sep 11 2014 
20:33 Feb 19, 2021
Jkt 019200
PO 00000
Frm 00084
Fmt 6652
Sfmt 6201
E:\BILLS\H9064.IH
H9064
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(3) actions, documents, or policies necessary 
for national security, international relations, trade, 
tourism, or commerce; 
‘‘(4) actions or documents that protect the pub-
lic health and safety; 
‘‘(5) actions or documents that facilitate the ac-
tivities of the Bureau of the Census in compiling any 
census of population; 
‘‘(6) actions that protect the rights of victims of 
crimes or criminal defendants; or 
‘‘(7) using terms of art or phrases from lan-
guages other than English. 
‘‘§ 164. Uniform English language rule for naturaliza-
tion 
‘‘(a) UNIFORM LANGUAGE TESTING STANDARD.—All 
citizens should be able to read and understand generally 
the English language text of the Declaration of Independ-
ence, the Constitution, and the laws of the United States 
made in pursuance of the Constitution. 
‘‘(b) CEREMONIES.—All naturalization ceremonies 
shall be conducted in English. 
‘‘§ 165. Rules of construction 
‘‘Nothing in this chapter shall be construed— 
‘‘(1) to prohibit a Member of Congress or any 
officer or agent of the Federal Government, while 
VerDate Sep 11 2014 
20:33 Feb 19, 2021
Jkt 019200
PO 00000
Frm 00085
Fmt 6652
Sfmt 6201
E:\BILLS\H9064.IH
H9064
pbinns on DSKJLVW7X2PROD with BILLS
performing official functions, from communicating 
unofficially through any medium with another per-
son in a language other than English (as long as of-
ficial functions are performed in English); 
‘‘(2) to limit the preservation or use of Native 
Alaskan or Native American languages (as defined 
in the Native American Languages Act); 
‘‘(3) to disparage any language or to discourage 
any person from learning or using a language; or 
‘‘(4) to be inconsistent with the Constitution of 
the United States. 
‘‘§ 166. Standing 
‘‘A person injured by a violation of this chapter may 
in a civil action (including an action under chapter 151 
of title 28) obtain appropriate relief.’’. 
(b) CLERICAL AMENDMENT.—The table of chapters 
at the beginning of title 4, United States Code, is amended 
by inserting after the item relating to chapter 5 the fol-
lowing new item: 
‘‘CHAPTER 6. OFFICIAL LANGUAGE’’. 
SEC. 1904. GENERAL RULES OF CONSTRUCTION FOR 
ENGLISH LANGUAGE TEXTS OF THE LAWS OF 
THE UNITED STATES. 
(a) IN GENERAL.—Chapter 1 of title 1, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
VerDate Sep 11 2014 
20:33 Feb 19, 2021
Jkt 019200
PO 00000
Frm 00086
Fmt 6652
Sfmt 6201
E:\BILLS\H9064.IH
H9064
pbinns on DSKJLVW7X2PROD with BILLS
‘‘§ 9. General rules of construction for laws of the 
United States 
‘‘(a) English language requirements and workplace 
policies, whether in the public or private sector, shall be 
presumptively consistent with the laws of the United 
States. 
‘‘(b) Any ambiguity in the English language text of 
the laws of the United States shall be resolved, in accord-
ance with the last two articles of the Bill of Rights, not 
to deny or disparage rights retained by the people, and 
to reserve powers to the States respectively, or to the peo-
ple.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 1 of title 1 is amended by 
inserting after the item relating to section 8 the following 
new item: 
‘‘9. General rules of construction for laws of the United States.’’. 
SEC. 1905. IMPLEMENTING REGULATIONS. 
The Secretary of Homeland Security shall, within 
180 days after the date of enactment of this Act, issue 
for public notice and comment a proposed rule for uniform 
testing of English language ability of candidates for natu-
ralization, based upon the principles that— 
(1) all citizens should be able to read and un-
derstand generally the English language text of the 
Declaration of Independence, the Constitution, and 
VerDate Sep 11 2014 
20:33 Feb 19, 2021
Jkt 019200
PO 00000
Frm 00087
Fmt 6652
Sfmt 6201
E:\BILLS\H9064.IH
H9064
pbinns on DSKJLVW7X2PROD with BILLS
the laws of the United States which are made in 
pursuance thereof; and 
(2) any exceptions to this standard should be 
limited to extraordinary circumstances, such as asy-
lum. 
SEC. 1906. EFFECTIVE DATE. 
The amendments made by sections 1903 and 1904 
shall take effect on the date that is 180 days after the 
date of the enactment of this Act. 
TITLE XX—DAVIS-BACON 
REPEAL 
SEC. 2001. SHORT TITLE. 
This title may be cited as the ‘‘Davis-Bacon Repeal 
Act’’. 
SEC. 2002. REPEAL OF DAVIS-BACON WAGE REQUIRE-
MENTS. 
(a) IN GENERAL.—Subchapter IV of chapter 31 of 
title 40, United States Code, is repealed. 
(b) REFERENCE.—Any reference in any law to a 
wage requirement of subchapter IV of chapter 31 of title 
40, United States Code, shall after the date of the enact-
ment of this Act be null and void. 
SEC. 2003. EFFECTIVE DATE AND LIMITATION. 
The amendment made by section 2002 shall take ef-
fect 30 days after the date of the enactment of this Act 
VerDate Sep 11 2014 
20:33 Feb 19, 2021
Jkt 019200
PO 00000
Frm 00088
Fmt 6652
Sfmt 6201
E:\BILLS\H9064.IH
H9064
pbinns on DSKJLVW7X2PROD with BILLS
but shall not affect any contract in existence on such date 
of enactment or made pursuant to invitation for bids out-
standing on such date of enactment. 
TITLE XXI—CENSUS ACCURACY 
SEC. 2101. SHORT TITLE. 
This title may be cited as the ‘‘Census Accuracy Act 
of 2020’’. 
SEC. 2102. CITIZENSHIP OR LAWFUL PRESENCE STATUS ON 
CENSUS QUESTIONNAIRES. 
Section 141 of title 13, United States Code, is 
amended— 
(1) by redesignating subsection (g) as sub-
section (h); and 
(2) by inserting after subsection (f) the fol-
lowing: 
‘‘(g) In conducting the 2020 decennial census and 
each decennial census thereafter, the Secretary shall in-
clude in any questionnaire distributed or otherwise used 
for the purpose of determining the total population by 
States— 
‘‘(1) a checkbox or other similar option for re-
spondents to indicate whether the respondent is a 
citizen or national of the United States, is lawfully 
admitted for permanent residence in the United 
VerDate Sep 11 2014 
20:33 Feb 19, 2021
Jkt 019200
PO 00000
Frm 00089
Fmt 6652
Sfmt 6201
E:\BILLS\H9064.IH
H9064
pbinns on DSKJLVW7X2PROD with BILLS
State, is an alien who otherwise has lawful status 
under the immigration laws, or none of these; and 
‘‘(2) in connection with the option relating to 
status under the immigration laws, a question re-
garding which Federal program or provision of law 
accorded the respondent such status.’’. 
TITLE XXII—TRUTH IN 
EMPLOYMENT 
SEC. 2201. SHORT TITLE. 
This title may be cited as the ‘‘Truth in Employment 
Act of 2020’’. 
SEC. 2202. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress finds the following: 
(1) An atmosphere of trust and civility in labor- 
management relationships is essential to a produc-
tive workplace and a healthy economy. 
(2) The tactic of using professional union orga-
nizers and agents to infiltrate a targeted employer’s 
workplace, a practice commonly referred to as ‘‘salt-
ing’’ has evolved into an aggressive form of harass-
ment not contemplated when the National Labor Re-
lations Act was enacted and threatens the balance of 
rights which is fundamental to collective bargaining. 
(3) Increasingly, union organizers are seeking 
employment with nonunion employers not because of 
VerDate Sep 11 2014 
20:33 Feb 19, 2021
Jkt 019200
PO 00000
Frm 00090
Fmt 6652
Sfmt 6201
E:\BILLS\H9064.IH
H9064
pbinns on DSKJLVW7X2PROD with BILLS
112 
(C) 1 year after the claimant discovers, or 
through the use of reasonable diligence should 
have discovered, the injury. 
(2) TOLLING.—In no event shall the time for 
commencement of a health care lawsuit exceed 3 
years after the date of the occurrence of the breach 
or tort or 3 years after the date the medical or 
health care treatment that is the subject of the claim 
is completed (whichever occurs first) unless tolled 
for any of the following— 
(A) upon proof of fraud; 
(B) intentional concealment; or 
(C) the presence of a foreign body, which 
has no therapeutic or diagnostic purpose or ef-
fect, in the person of the injured person. 
(3) ACTIONS BY A MINOR.—Actions by a minor 
shall be commenced within 3 years after the date of 
the occurrence of the breach or tort or 3 years after 
the date of the medical or health care treatment that 
is the subject of the claim is completed (whichever 
occurs first) except that actions by a minor under 
the full age of 6 years shall be commenced within 3 
years after the date of the occurrence of the breach 
or tort, 3 years after the date of the medical or 
health care treatment that is the subject of the claim 
VerDate Sep 11 2014 
20:33 Feb 19, 2021
Jkt 019200
PO 00000
Frm 00112
Fmt 6652
Sfmt 6201
E:\BILLS\H9064.IH
H9064
pbinns on DSKJLVW7X2PROD with BILLS