Fostering Undergraduate Talent by Unlocking Resources for Education Act

Bill: 116-hr-2486
Sponsor: full_name: Rep. Adams, Alma S. [D-NC-12]
Introduced: 2019-05-02
Policy area: Education
Subjects: Area studies and international education

Education programs funding

Foreign language and bilingual programs

Higher education

Medical education

Minority education

Science and engineering education

Teaching, teachers, curricula

User charges and fees
Latest action: action_date: 2020-07-23
text: Message on House action received in Senate and at desk: House amendments to Senate amendment.

Summaries:
action_date: 2019-05-02
action_desc: Introduced in House
text: <p><strong>Fostering Undergraduate Talent by Unlocking Resources for Education Act or the FUTURE Act</strong><strong></strong></p> <p>This bill extends through FY2021 and revises mandatory funding&nbsp;programs for historically black colleges and universities and other minority-serving institutions, including by allocating a portion of the funding for grants to predominantly black institutions for programs in (1) science, technology, engineering, or mathematics; (2) health education; (3) internationalization or globalization; (4) teacher preparation; or (5) improving educational outcomes of African-American males.</p>

action_date: 2019-12-05
action_desc: Passed Senate
text: <p><b>Fostering Undergraduate Talent by Unlocking Resources for Education Act or the FUTURE Act</b></p> <p>This bill requires the Internal Revenue Service (IRS) to disclose certain tax return information to the Department of Education (ED) for the purpose of administering financial aid and loan programs. </p> <p>Upon receiving a request from ED, the IRS must disclose specified tax return information to ED for the purposes of </p> <ul> <li>establishing enrollment, renewing enrollment, administering, and conducting analyses and forecasts for estimating costs related to income-contingent or income-based repayment programs; </li> <li>discharging loans based on a total and permanent disability; </li> <li>determining the eligibility for, and the amount of, federal student financial aid; and </li> <li>conducting analyses and forecasts for estimating costs related to federal student financial aid programs. </li></ul> <p>ED may only use the disclosed information for the purposes above and for mitigating risks related to the programs. Mitigation of&nbsp;risks includes conducting oversight and reducing improper payments. It does not include conducting criminal investigations or prosecutions. </p> <p>With the consent of the taxpayer, ED may disclose the return information to certain institutions of higher education, state higher education agencies, and scholarship organizations solely for the use in financial aid programs. </p> <p>The bill specifies notification and reporting requirements related to the disclosures and the implementation of the bill.</p> <p>The bill also permanently extends funding for minority-serving institutions of higher education and increases funding for Pell Grants. </p>

action_date: 2020-07-22
action_desc: House agreed to Senate amendment
text: <p>This bill contains provisions related to education, immigration, and drug regulation and litigation. </p> <p>The Department of Education (ED) shall advise each student and borrower applying for federal student aid or other programs related to student aid that ED may request the applicant's tax return from the Internal Revenue Service as necessary. </p> <p>The bill also increases the funding authorized for Pell Grants. <p>TITLE I--NO BAN ACT </p> <p><i>National Origin-Based Antidiscrimination for Nonimmigrants Act or the NO BAN Act </i></p> <p>This title imposes limitations on the President's authority to suspend or restrict aliens from entering the United States and terminates certain presidential actions implementing such restrictions. It also prohibits religious discrimination in various immigration-related decisions, such as whether to issue an immigrant or non-immigrant visa, unless there is a statutory basis for such discrimination.</p> <p>The President may temporarily restrict the entry of any aliens or class of aliens after the Department of State determines that the restriction would address specific and credible facts that threaten U.S. interests such as security or public safety. </p> <p>This title also imposes limitations on such restrictions, such as requiring the President, State Department, and the Department of Homeland Security (DHS) to (1) only issue a restriction when required to address a compelling government interest, and (2) narrowly tailor the suspension to use the least restrictive means to achieve such an interest. </p> <p>Before imposing a restriction, the State Department and DHS shall consult with Congress. The State Department and DHS shall report to Congress about the restriction within 48 hours of the restriction's imposition. If such a report is not made, the restriction shall immediately terminate.</p> <p>Individuals or entities present in the United States and unlawfully harmed by such a restriction may sue in federal court. </p> <p>TITLE II--AFFORDABLE PRESCRIPTIONS FOR PATIENTS ACT OF 2020</p> <p><i>Affordable Prescriptions for Patients Act of 2020</i></p> <p>This title prohibits drug manufacturers from actions related to <em>product hopping</em> (generally actions seen as attempts to switch from selling one drug to another largely similar drug in order to limit generic competition). This title also imposes certain restrictions on patent infringement litigation related to biological products and biosimilars.</p> <p>A manufacturer of a reference drug or biological product shall, with certain exceptions, be deemed to have engaged in unfair competition if the manufacturer (1) takes certain actions related to the reference product, such as stopping its manufacture; (2) takes such an action during a certain time period that starts when it receives notice that another company has applied to market a generic or biosimilar version of the reference product; and (3) markets a follow-on product (generally, a drug or biological product that is a modification or reformulation of the reference product).</p> <p>Such actions shall not be unfair competition if the reference product manufacturer justifies its actions, such as by establishing that it switched to the follow-on product due to safety concerns related to the reference product. </p> <p>The Federal Trade Commission may enforce this title by initiating administrative proceedings against the reference product manufacturer or suing in district court.</p> <p>This title also limits, with some exceptions, the number of certain types of patents that a reference biological product manufacturer may assert in an infringement lawsuit against a company that (1) is applying for Food and Drug Administration (FDA) approval of a product that is biosimilar to the reference product, and (2) references the reference product in its application. This limit generally applies to patents that (1) have a filing date more than four years after the reference product received FDA approval, or (2) claim a manufacturing process method that the reference product manufacturer is not using.</p> <p>To take advantage of this limit, the company seeking FDA approval for its biosimilar product must take certain actions, such as providing a copy of its application to the reference product manufacturer.</p> <p>The court handling such a patent infringement lawsuit may allow the reference product manufacturer to assert more patents than the limit if there is good cause to do so or if the interest of justice so requires.</p> <p>TITLE III--ACCESS TO COUNSEL ACT OF 2020 </p> <p><i>Access to Counsel Act of 2020</i></p> <p>This title provides various protections for covered individuals subject to secondary or deferred inspections when seeking admission into the United States. Covered individuals include U.S. nationals, lawful permanent residents, aliens in possession of a visa, and refugees.</p> <p>The Department of Homeland Security shall ensure that a covered individual subject to secondary or deferred inspection has a meaningful opportunity to consult with counsel and certain related parties, such as a relative, within an hour of the start of the secondary inspection and as necessary during the inspection process. The counsel and related party shall be allowed to advocate on behalf of the covered individual, including by providing evidence and information to the examining immigration officer.<br> A lawful permanent resident subject to secondary or deferred inspection may not abandon lawful permanent resident status until the individual has had a reasonable opportunity to seek advice from counsel, unless the individual voluntarily and knowingly waives in writing this opportunity to seek counsel's advice. </p>

tv_txt: I 116th CONGRESS 1st Session H. R. 2486 IN THE HOUSE OF REPRESENTATIVES May 2, 2019 Ms. Adams (for herself and Mr. Walker ) introduced the following bill; which was referred to the Committee on Education and Labor A BILL To reauthorize mandatory funding programs for historically Black colleges and universities and other minority-serving institutions.

1. Short title This Act may be cited as the Fostering Undergraduate Talent by Unlocking Resources for Education Act or the FUTURE Act . 2. Strengthening historically black colleges and universities and other minority-serving institutions Section 371(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(b) ) is amended— (1) in paragraph (1)(A)— (A) in the first sentence, by striking through 2019 and inserting through 2021 ; and (B) by striking the second sentence; and (2) in paragraph (2)— (A) in subparagraph (A)— (i) in clause (ii)— (I) by striking $100,000,000 and inserting $85,000,000 ; and (II) by striking and after the semicolon; (ii) by redesignating clause (iii) as clause (iv); (iii) by inserting after clause (ii) the following: (iii) $15,000,000 shall be available for allocation under subparagraph (D); and ; and (iv) in clause (iv), as redesignated by clause (ii), by striking (D) and inserting (E) ; (B) by striking subparagraph (C) and inserting the following: (C) Allocation and allotment hbcus The amount made available for allocation under this subparagraph by subparagraph (A)(ii) for any fiscal year shall be available to eligible institutions described in subsection (a)(1) and shall be made available as grants under section 323 and allotted among such institutions under section 324, treating such amount, plus the amount appropriated for such fiscal year in a regular or supplemental appropriation Act to carry out part B of this title, as the amount appropriated to carry out part B of this title for purposes of allotments under section 324, for use by such institutions with a priority for— (i) activities described in paragraphs (1), (2), (4), (5), and (10) of section 323(a); and (ii) other activities, consistent with the institution's comprehensive plan and designed to increase the institution's capacity to prepare students for careers in the physical or natural sciences, mathematics, computer science or information technology or sciences, engineering, language instruction in the less commonly taught languages or international affairs, or nursing or allied health professions. ; (C) by redesignating subparagraph (D) as subparagraph (E); (D) by inserting after subparagraph (C) the following: (D) Allocation and allotment pbis (i) In general The amount made available for allocation under this subparagraph by subparagraph (A)(iii) for any fiscal year shall be available to eligible institutions described in subsection (a)(5) and shall be available for a competitive grant program to award grants of $600,000 annually for programs in any of the following areas: (I) Science, technology, engineering, or mathematics (STEM). (II) Health education. (III) Internationalization or glo­bal­i­za­tion. (IV) Teacher preparation. (V) Improving educational outcomes of African-American males. (ii) Excess funds The Secretary shall allot any amounts remaining from the amount made available for allocation under this subparagraph by subparagraph (A)(iii) for any fiscal year after grants are awarded under clause (i) to eligible institutions described in subsection (a)(5) for activities determined appropriate by the Secretary. ; and (E) in subparagraph (E), as redesignated by subparagraph (C), in the matter preceding clause (i), by striking subparagraph (A)(iii) and inserting subparagraph (A)(iv) . 3. Elimination of account maintenance fees Section 458(a)(4) of the Higher Education Act of 1965 ( 20 U.S.C. 1087h(a)(4) ) is amended by adding at the end the following: Notwithstanding any other provision of this Act, the authority to obligate funds for account maintenance fees under this section shall expire at the end of fiscal year 2019. .

tv_txt: I 116th CONGRESS 1st Session H. R. 2486 IN THE HOUSE OF REPRESENTATIVES AN ACT To reauthorize mandatory funding programs for historically Black colleges and universities and other minority-serving institutions.

1. Short title This Act may be cited as the Fostering Undergraduate Talent by Unlocking Resources for Education Act or the FUTURE Act . 2. Strengthening historically black colleges and universities and other minority-serving institutions Section 371(b)(1)(A) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(b)(1)(A) ) is amended— (1) in the first sentence, by striking through 2019 and inserting through 2021 ; and (2) in the second sentence, by striking 2019 and inserting 2021 . 3. Elimination of account maintenance fees (a) In general Section 458 of the Higher Education Act of 1965 ( 20 U.S.C. 1087h ) is amended— (1) in subsection (a)— (A) by striking paragraphs (1), (4), and (5); and (B) by redesignating paragraphs (3), (6), (7), and (8) as paragraphs (1), (2), (3), and (4), respectively; (2) by striking subsection (b); and (3) by redesignating subsection (c) as subsection (b). (b) Conforming amendments Section 422B(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1072b(c) ) is amended— (1) by striking paragraph (3); and (2) by redesignating paragraphs (4) through (6) as paragraphs (3) through (5), respectively. (c) Effective date The amendments made by this section shall take effect on October 1, 2019. 4. Transfer of Federal Pell Grant Funds Section 401(b)(7)(A)(iv) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a(b)(7)(A)(iv) ) is amended by striking subclauses (X) and (XI) and inserting the following: (X) $1,267,000,000 for fiscal year 2020; (XI) $1,145,000,000 for fiscal year 2021; (XII) $1,145,000,000 for fiscal year 2022; (XIII) $1,145,000,000 for fiscal year 2023; (XIV) $1,145,000,000 for fiscal year 2024; (XV) $1,394,000,000 for fiscal year 2025; and (XVI) $1,145,000,000 for fiscal year 2026 and each succeeding fiscal year. . 5. Determination of budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the Committee on the Budget of the House of Representatives, provided that such statement has been submitted prior to the vote on passage.

Passed the House of Representatives September 17, 2019. Cheryl L. Johnson, Clerk.

tv_txt: II Calendar No. 212 116th CONGRESS 1st Session H. R. 2486 IN THE SENATE OF THE UNITED STATES September 18, 2019 Received September 19, 2019 Read the first time September 23, 2019 Read the second time and placed on the calendar AN ACT To reauthorize mandatory funding programs for historically Black colleges and universities and other minority-serving institutions.

1. Short title This Act may be cited as the Fostering Undergraduate Talent by Unlocking Resources for Education Act or the FUTURE Act . 2. Strengthening historically black colleges and universities and other minority-serving institutions Section 371(b)(1)(A) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(b)(1)(A) ) is amended— (1) in the first sentence, by striking through 2019 and inserting through 2021 ; and (2) in the second sentence, by striking 2019 and inserting 2021 . 3. Elimination of account maintenance fees (a) In general Section 458 of the Higher Education Act of 1965 ( 20 U.S.C. 1087h ) is amended— (1) in subsection (a)— (A) by striking paragraphs (1), (4), and (5); and (B) by redesignating paragraphs (3), (6), (7), and (8) as paragraphs (1), (2), (3), and (4), respectively; (2) by striking subsection (b); and (3) by redesignating subsection (c) as subsection (b). (b) Conforming amendments Section 422B(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1072b(c) ) is amended— (1) by striking paragraph (3); and (2) by redesignating paragraphs (4) through (6) as paragraphs (3) through (5), respectively. (c) Effective date The amendments made by this section shall take effect on October 1, 2019. 4. Transfer of Federal Pell Grant Funds Section 401(b)(7)(A)(iv) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a(b)(7)(A)(iv) ) is amended by striking subclauses (X) and (XI) and inserting the following: (X) $1,267,000,000 for fiscal year 2020; (XI) $1,145,000,000 for fiscal year 2021; (XII) $1,145,000,000 for fiscal year 2022; (XIII) $1,145,000,000 for fiscal year 2023; (XIV) $1,145,000,000 for fiscal year 2024; (XV) $1,394,000,000 for fiscal year 2025; and (XVI) $1,145,000,000 for fiscal year 2026 and each succeeding fiscal year. . 5. Determination of budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the Committee on the Budget of the House of Representatives, provided that such statement has been submitted prior to the vote on passage.

Passed the House of Representatives September 17, 2019. Cheryl L. Johnson, Clerk

September 23, 2019 Read the second time and placed on the calendar

tv_txt: 116th CONGRESS 1st Session H.R. 2486 In the Senate of the United States, December 5, 2019. Amendment:

That the bill from the House of Representatives (H.R. 2486) entitled An Act to reauthorize mandatory funding programs for historically Black colleges and universities and other minority-serving institutions. , do pass with the following Strike all after the enacting clause and insert the following: 1. Short title; references (a) Short title This Act may be cited as the Fostering Undergraduate Talent by Unlocking Resources for Education Act or the FUTURE Act . (b) References Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq.). 2. Continued support for minority-serving institutions Section 371(b)(1)(A) ( 20 U.S.C. 1067q(b)(1)(A) ) is amended by striking for each of the fiscal years 2008 through 2019. and all that follows through the end of the subparagraph and inserting for fiscal year 2020 and each fiscal year thereafter. . 3. Secure disclosure of tax-return information to carry out the Higher Education Act of 1965 (a) Amendments to the Internal Revenue Code of 1986 (1) In general Paragraph (13) of section 6103(l) of the Internal Revenue Code of 1986 is amended to read as follows: (13) Disclosure of return information to carry out the Higher Education Act of 1965 (A) Income-contingent or income-based repayment and total and permanent disability discharge The Secretary shall, upon written request from the Secretary of Education, disclose to officers, employees, and contractors of the Department of Education, as specifically authorized and designated by the Secretary of Education, only for the purpose of (and to the extent necessary in) establishing enrollment, renewing enrollment, administering, and conducting analyses and forecasts for estimating costs related to income-contingent or income-based repayment programs, and the discharge of loans based on a total and permanent disability (within the meaning of section 437(a) of the Higher Education Act of 1965), under title IV of the Higher Education Act of 1965, the following return information (as defined in subsection (b)(2)) with respect to taxpayers identified by the Secretary of Education as participating in the loan programs under title IV of such Act, for taxable years specified by such Secretary: (i) Taxpayer identity information with respect to such taxpayer. (ii) The filing status of such taxpayer. (iii) The adjusted gross income of such taxpayer. (iv) Total number of exemptions claimed, or total number of individuals and dependents claimed, as applicable, on the return. (v) Number of children with respect to which tax credits under section 24 are claimed on the return. (B) Federal student financial aid The Secretary shall, upon written request from the Secretary of Education, disclose to officers, employees, and contractors of the Department of Education, as specifically authorized and designated by the Secretary of Education, only for the purpose of (and to the extent necessary in) determining eligibility for, and amount of, Federal student financial aid under programs authorized by parts A, C, and D of title IV of the Higher Education Act of 1965 (as in effect on the date of the enactment of the Fostering Undergraduate Talent by Unlocking Resources for Education Act ) and conducting analyses and forecasts for estimating costs related to such programs, the following return information (as defined in subsection (b)(2)) with respect to taxpayers identified by the Secretary of Education as applicants for Federal student financial aid under such parts of title IV of such Act, for taxable years specified by such Secretary: (i) Taxpayer identity information with respect to such taxpayer. (ii) The filing status of such taxpayer. (iii) The adjusted gross income of such taxpayer. (iv) The amount of any net earnings from self-employment (as defined in section 1402), wages (as defined in section 3121(a) or 3401(a)), taxable income from a farming business (as defined in section 236A(e)(4)), and investment income for the period reported on the return. (v) The total income tax of such taxpayer. (vi) Total number of exemptions claimed, or total number of individuals and dependents claimed, as applicable, on the return. (vii) Number of children with respect to which tax credits under section 24 are claimed on the return. (viii) Amount of any credit claimed under section 25A for the taxable year. (ix) Amount of individual retirement account distributions not included in adjusted gross income for the taxable year. (x) Amount of individual retirement account contributions and payments to self-employed SEP, Keogh, and other qualified plans which were deducted from income for the taxable year. (xi) The amount of tax-exempt interest. (xii) Amounts from retirement pensions and annuities not included in adjusted gross income for the taxable year. (xiii) If applicable, the fact that any of the following schedules (or equivalent successor schedules) were filed with the return: (I) Schedule A. (II) Schedule B. (III) Schedule D. (IV) Schedule E. (V) Schedule F. (VI) Schedule H. (xiv) If applicable, the fact that Schedule C (or an equivalent successor schedule) was filed with the return showing a gain or loss greater than $10,000. (xv) If applicable, the fact that there is no return filed for such taxpayer for the applicable year. (C) Restriction on use of disclosed information (i) In general Return information disclosed under subparagraphs (A) and (B) may be used by officers, employees, and contractors of the Department of Education, as specifically authorized and designated by the Secretary of Education, only for the purposes and to the extent necessary described in such subparagraphs and for mitigating risks (as defined in clause (ii)) relating to the programs described in such subparagraphs. (ii) Mitigating risks For purposes of this subparagraph, the term mitigating risks means, with respect to the programs described in subparagraphs (A) and (B), (I) oversight activities by the Office of Inspector General of the Department of Education as authorized by the Inspector General Act of 1978, as amended, and (II) reducing the net cost of improper payments to Federal financial aid recipients. Such term does not include the conduct of criminal investigations or prosecutions. (iii) Redisclosure to institutions of higher education, State higher education agencies, and designated scholarship organizations The Secretary of Education, and officers, employees, and contractors of the Department of Education, may disclose return information received under subparagraph (B), solely for the use in the application, award, and administration of student financial aid or aid awarded by such entities as the Secretary of Education may designate, to the following persons: (I) An institution of higher education with which the Secretary of Education has an agreement under subpart 1 of part A, part C, or part D of title IV of the Higher Education Act of 1965. (II) A State higher education agency. (III) A scholarship organization which is designated by the Secretary of Education as of the date of the enactment of the Fostering Undergraduate Talent by Unlocking Resources for Education Act as an organization eligible to receive the information provided under this clause. The preceding sentence shall only apply to the extent that the taxpayer with respect to whom the return information relates provides consent for such disclosure to the Secretary of Education as part of the application for Federal student financial aid under title IV of the Higher Education Act of 1965. (D) Requirement of notification of request for tax return information Subparagraphs (A) and (B) shall apply to any disclosure of return information with respect to a taxpayer only if the Secretary of Education has provided to such taxpayer the notification required by section 494 of the Higher Education Act of 1965 prior to such disclosure. . (2) Confidentiality of return information Section 6103(a)(3) of such Code is amended by inserting , (13)(A), (13)(B) after (12) . (3) Conforming amendments Section 6103(p)(4) of such Code is amended— (A) by inserting (A), (13)(B) after (13) each place it occurs, and (B) by inserting , (13)(A), (13)(B) after (l)(10) each place it occurs. (b) Effective date The amendments made by this section shall apply to disclosures made under section 6103(l)(13) of the Internal Revenue Code of 1986 (as amended by this section) after the date of the enactment of this Act. 4. Notification of request for tax return information (a) In general Part G of title IV ( 20 U.S.C. 1088 et seq.) is amended by adding at the end the following: 494. Notification of request for tax return information The Secretary shall advise students and borrowers who submit an application for Federal student financial aid under this title or for the discharge of a loan based on permanent and total disability, as described in section 437(a), or who request an income-contingent or income-based repayment plan on their loan (as well as parents and spouses who sign such an application or request or a Master Promissory Note on behalf of those students and borrowers) that the Secretary has the authority to request that the Internal Revenue Service disclose their tax return information (as well as that of parents and spouses who sign such an application or request or a Master Promissory Note on behalf of those students and borrowers) to officers, employees, and contractors of the Department of Education as authorized under section 6103(1)(13) of the Internal Revenue Code of 1986, to the extent necessary for the Secretary to carry out this title. . (b) Conforming amendment Section 484(q) ( 20 U.S.C. 1091(q) ) is amended to read as follows: (q) reserved . 5. Increased funding for Federal Pell Grants Section 401(b)(7)(A)(iv) ( 20 U.S.C. 1070a(b)(7)(A)(iv) ) is amended— (1) in subclause (X), by striking $1,430,000,000 and inserting $1,455,000,000 ; and (2) in subclause (XI), by striking $1,145,000,000 and insert $1,170,000,000 . 6. Reports on implementation (a) In general Not later than each specified date, the Secretary of Education and the Secretary of the Treasury shall issue joint reports to the Committees on Health, Education, Labor, and Pensions and Finance of the Senate and the Committees on Education and Labor and Ways and Means of the House of Representatives regarding the amendments made by this Act. Each such report shall include, as applicable— (1) an update on the status of implementation of the amendments made by this Act, (2) an evaluation of the processing of applications for Federal student financial aid, and applications for income-based repayment and income contingent repayment, under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq.), in accordance with the amendments made by this Act, and (3) implementation issues and suggestions for potential improvements. (b) Specified date For purposes of subsection (a), the term specified date means— (1) the date that is 90 days after the date of the enactment of this Act, (2) the date that is 120 days after the first day that the disclosure process established under section 6103(l)(13) of the Internal Revenue Code of 1986, as amended by section 3(a) of this Act, is operational and accessible to officers, employees, and contractors of the Department of Education (as specifically authorized and designated by the Secretary of Education), and (3) the date that is 1 year after the report date described in paragraph (2).

Secretary

tv_txt: 116th CONGRESS 2d Session In the House of Representatives, U. S., July 22, 2020 HOUSE AMENDMENTS TO SENATE AMENDMENT:

That the House agree to the amendment of the Senate to the bill (H.R. 2486) entitled An Act to reauthorize mandatory funding programs for historically Black colleges and universities and other minority-serving institutions. , with the following (1) In the matter proposed to be inserted by the amendment of the Senate, strike sections 1, 2, and 3 and insert the following: I NO BAN Act 101. Short titles This title may be cited as the National Origin-Based Antidiscrimination for Nonimmigrants Act or the NO BAN Act . 102. Expansion of nondiscrimination provision Section 202(a)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1152(a)(1)(A) ) is amended— (1) by inserting or a nonimmigrant visa, admission or other entry into the United States, or the approval or revocation of any immigration benefit after immigrant visa ; (2) by inserting religion, after sex, ; and (3) by inserting , except if expressly required by statute, or if a statutorily authorized benefit takes into consideration such factors before the period at the end. 103. Transfer and limitations on authority to suspend or restrict the entry of a class of aliens Section 212(f) of the Immigration and Nationality Act ( 8 U.S.C. 1182(f) ) is amended to read as follows: (f) Authority to suspend or restrict the entry of a class of aliens (1) In general Subject to paragraph (2), if the Secretary of State, in consultation with the Secretary of Homeland Security, determines, based on specific and credible facts, that the entry of any aliens or any class of aliens into the United States would undermine the security or public safety of the United States or the preservation of human rights, democratic processes or institutions, or international stability, the President may temporarily— (A) suspend the entry of such aliens or class of aliens as immigrants or nonimmigrants; or (B) impose any restrictions on the entry of such aliens that the President deems appropriate. (2) Limitations In carrying out paragraph (1), the President, the Secretary of State, and the Secretary of Homeland Security shall— (A) only issue a suspension or restriction when required to address specific acts implicating a compelling government interest in a factor identified in paragraph (1); (B) narrowly tailor the suspension or restriction, using the least restrictive means, to achieve such compelling government interest; (C) specify the duration of the suspension or restriction; and (D) consider waivers to any class-based restriction or suspension and apply a rebuttable presumption in favor of granting family-based and humanitarian waivers. (3) Congressional notification (A) In general Prior to the President exercising the authority under paragraph (1), the Secretary of State and the Secretary of Homeland Security shall consult Congress and provide Congress with specific evidence supporting the need for the suspension or restriction and its proposed duration. (B) Briefing and report Not later than 48 hours after the President exercises the authority under paragraph (1), the Secretary of State and the Secretary of Homeland Security shall provide a briefing and submit a written report to Congress that describes— (i) the action taken pursuant to paragraph (1) and the specified objective of such action; (ii) the estimated number of individuals who will be impacted by such action; (iii) the constitutional and legislative authority under which such action took place; and (iv) the circumstances necessitating such action, including how such action complies with paragraph (2), as well as any intelligence informing such actions. (C) Termination If the briefing and report described in subparagraph (B) are not provided to Congress during the 48 hours that begin when the President exercises the authority under paragraph (1), the suspension or restriction shall immediately terminate absent intervening congressional action. (D) Congressional committees The term Congress , as used in this paragraph, refers to the Select Committee on Intelligence of the Senate, the Committee on Foreign Relations of the Senate, the Committee on the Judiciary of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, the Permanent Select Committee on Intelligence of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, the Committee on the Judiciary of the House of Representatives, and the Committee on Homeland Security of the House of Representatives. (4) Publication The Secretary of State and the Secretary of Homeland Security shall publicly announce and publish an unclassified version of the report described in paragraph (3)(B) in the Federal Register. (5) Judicial review (A) In general Notwithstanding any other provision of law, an individual or entity who is present in the United States and has been harmed by a violation of this subsection may file an action in an appropriate district court of the United States to seek declaratory or injunctive relief. (B) Class action Nothing in this Act may be construed to preclude an action filed pursuant to subparagraph (A) from proceeding as a class action. (6) Treatment of commercial airlines Whenever the Secretary of Homeland Security finds that a commercial airline has failed to comply with regulations of the Secretary of Homeland Security relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Secretary of Homeland Security may suspend the entry of some or all aliens transported to the United States by such airline. (7) Rule of construction Nothing in this section may be construed as authorizing the President, the Secretary of State, or the Secretary of Homeland Security to act in a manner inconsistent with the policy decisions expressed in the immigration laws. (8) Clarification For purposes of paragraph (1), the term public safety of the United States includes efforts necessary to contain a communicable disease of public health significance (as defined in section 34.2(b) of title 42, Code of Federal Regulations (or any successor regulation)). . 104. Termination of certain executive actions (a) Termination Presidential Proclamations 9645, 9822, and 9983 and Executive Orders 13769, 13780, and 13815 shall be void beginning on the date of the enactment of this Act. (b) Effect All actions taken pursuant to any proclamation or executive order terminated under subsection (a) shall cease on the date of the enactment of this Act. 105. Visa applicants report (a) Initial reports (1) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Homeland Security and the heads of other relevant Federal agencies, shall submit a report to the congressional committees referred to in section 212(f)(3)(D) of the Immigration and Nationality Act, as amended by section 103 of this title, that describes the implementation of each of the presidential proclamations and executive orders referred to in section 104. (2) Presidential proclamation 9645 and 9983 In addition to the content described in paragraph (1), the report submitted with respect to Presidential Proclamation 9645, issued on September 24, 2017, and Presidential Proclamation 9983, issued on January 31, 2020, shall include, for each country listed in such proclamation— (A) the total number of individuals who applied for a visa during the time period the proclamation was in effect, disaggregated by country and visa category; (B) the total number of visa applicants described in subparagraph (A) who were approved, disaggregated by country and visa category; (C) the total number of visa applicants described in subparagraph (A) who were refused, disaggregated by country and visa category, and the reasons they were refused; (D) the total number of visa applicants described in subparagraph (A) whose applications remain pending, disaggregated by country and visa category; (E) the total number of visa applicants described in subparagraph (A) who were granted a waiver, disaggregated by country and visa category; (F) the total number of visa applicants described in subparagraph (A) who were denied a waiver, disaggregated by country and visa category, and the reasons such waiver requests were denied; (G) the total number of refugees admitted, disaggregated by country; and (H) the complete reports that have been submitted to the President every 180 days in accordance with section 4 of Presidential Proclamation 9645 in its original form, and as amended by Presidential Proclamation 9983. (b) Additional reports Not later than 30 days after the date on which the President exercises the authority under section 212(f) of the Immigration and Nationality Act ( 8 U.S.C. 1182(f) ), as amended by section 103 of this title, and every 30 days thereafter, the Secretary of State, in coordination with the Secretary of Homeland Security and heads of other relevant Federal agencies, shall submit a report to the congressional committees referred to in paragraph (3)(D) of such section 212(f) that identifies, with respect to countries affected by a suspension or restriction, the information described in subparagraphs (A) through (H) of subsection (a)(2) of this section and specific evidence supporting the need for the continued exercise of presidential authority under such section 212(f), including the information described in paragraph (3)(B) of such section 212(f). If the report described in this subsection is not provided to Congress in the time specified, the suspension or restriction shall immediately terminate absent intervening congressional action. A final report with such information shall be prepared and submitted to such congressional committees not later than 30 days after the suspension or restriction is lifted. (c) Form; availability The reports required under subsections (a) and (b) shall be made publicly available online in unclassified form. II Affordable Prescriptions for Patients Act of 2020 201. Short title This title may be cited as the Affordable Prescriptions for Patients Act of 2020 . 202. Product hopping (a) In general The Federal Trade Commission Act ( 15 U.S.C. 41 et seq.) is amended by inserting after section 26 ( 15 U.S.C. 57c–2 ) the following: 27. Product hopping (a) Definitions In this section: (1) Abbreviated new drug application The term abbreviated new drug application means an application under subsection (b)(2) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ). (2) Biosimilar biological product The term biosimilar biological product means a biological product licensed under section 351(k) of the Public Health Service Act ( 42 U.S.C. 262(k) ). (3) Biosimilar biological product license application The term biosimilar biological product license application means an application submitted under section 351(k) of the Public Health Service Act ( 42 U.S.C. 262(k) ). (4) Follow-on product The term follow-on product — (A) means a drug approved through an application or supplement to an application submitted under section 505(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(b) ) or a biological product licensed through an application or supplement to an application submitted under section 351(a) of the Public Health Service Act ( 42 U.S.C. 262(a) ) for a change, modification, or reformulation to the same manufacturer's previously approved drug or biological product that treats the same medical condition; and (B) excludes such an application or supplement to an application for a change, modification, or reformulation of a drug or biological product that is requested by the Secretary or necessary to comply with law, including sections 505A and 505B of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355a , 355c). (5) Generic drug The term generic drug means a drug approved under an application submitted under subsection (b)(2) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ). (6) Listed drug The term listed drug means a drug listed under section 505(j)(7) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(j)(7) ). (7) Manufacturer The term manufacturer means the holder, licensee, or assignee of— (A) an approved application for a drug under section 505(c) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(c) ); or (B) a biological product license under section 351(a) of the Public Health Service Act ( 42 U.S.C. 262(a) ). (8) Reference product The term reference product has the meaning given the term in section 351(i) of the Public Health Service Act ( 42 U.S.C. 262(i) ). (9) Secretary The term Secretary means the Secretary of Health and Human Services. (10) Ultimate parent entity The term ultimate parent entity has the meaning given the term in section 801.1 of title 16, Code of Federal Regulations, or any successor regulation. (b) Prohibition on product hopping (1) Prima facie Except as provided in paragraph (2), a manufacturer of a reference product or listed drug shall be considered to have engaged in an unfair method of competition in or affecting commerce in violation of section 5(a) if the Commission demonstrates by a preponderance of the evidence in a proceeding initiated by the Commission under subsection (c)(1)(A), or in a suit brought under subparagraph (B) or (C) of subsection (c)(1), that, during the period beginning on the date on which the manufacturer of the reference product or listed drug first receives notice that an applicant has submitted to the Commissioner of Food and Drugs an abbreviated new drug application or biosimilar biological product license application and ending on the date that is 180 days after the date on which that generic drug or biosimilar biological product is first marketed, the manufacturer engaged in either of the following actions: (A) The manufacturer engaged in a hard switch, which shall be established by demonstrating that the manufacturer engaged in either of the following actions: (i) Upon the request of the manufacturer of the listed drug or reference product, the Commissioner of Food and Drugs withdrew the approval of the application for the listed drug or reference product or placed the listed drug or reference product on the discontinued products list and the manufacturer marketed or sold a follow-on product. (ii) The manufacturer of the listed drug or reference product— (I) (aa) announced withdrawal of, discontinuance of the manufacture of, or intent to withdraw the application with respect to the drug or reference product in a manner that impedes competition from a generic drug or a biosimilar biological product, as established by objective circumstances; or (bb) destroyed the inventory of the listed drug or reference product in a manner that impedes competition from a generic drug or a biosimilar biological product, which may be established by objective circumstances; and (II) marketed or sold a follow-on product. (B) The manufacturer engaged in a soft switch, which shall be established by demonstrating that the manufacturer engaged in both of the following actions: (i) The manufacturer took actions with respect to the listed drug or reference product other than those described in subparagraph (A) that unfairly disadvantage the listed drug or reference product relative to the follow-on product described in clause (ii) in a manner that impedes competition from a generic drug or a biosimilar biological product that is highly similar to, and has no clinically meaningful difference with respect to safety, purity, and potency from, the reference product, which may be established by objective circumstances. (ii) The manufacturer marketed or sold a follow-on product. (2) Justification (A) In general Subject to paragraph (3), the actions described in paragraph (1) by a manufacturer of a listed drug or reference product shall not be considered to be an unfair method of competition in or affecting commerce if— (i) the manufacturer demonstrates to the Commission or a district court of the United States, as applicable, by a preponderance of the evidence in a proceeding initiated by the Commission under subsection (c)(1)(A), or in a suit brought under subparagraph (B) or (C) of subsection (c)(1), that— (I) the manufacturer would have taken the actions regardless of whether a generic drug that references the listed drug or biosimilar biological product that references the reference product had already entered the market; and (II) (aa) with respect to a hard switch under paragraph (1)(A), the manufacturer took the action for reasons relating to the safety risk to patients of the listed drug or reference product; (bb) with respect to an action described in item (aa) or (bb) of paragraph (1)(A)(ii)(I), there is a supply disruption that— (AA) is outside of the control of the manufacturer; (BB) prevents the production or distribution of the applicable listed drug or reference product; and (CC) cannot be remedied by reasonable efforts; or (cc) with respect to a soft switch under paragraph (1)(B), the manufacturer had legitimate pro-competitive reasons, apart from the financial effects of reduced competition, to take the action. (B) Rule of construction Nothing in subparagraph (A) may be construed to limit the information that the Commission may otherwise obtain in any proceeding or action instituted with respect to a violation of this section. (3) Response With respect to a justification offered by a manufacturer under paragraph (2), the Commission may— (A) rebut any evidence presented by a manufacturer during that justification; or (B) establish by a preponderance of the evidence that, on balance, the pro-competitive benefits from the conduct described in subparagraph (A) or (B) of paragraph (1), as applicable, do not outweigh any anticompetitive effects of the conduct, even in consideration of the justification so offered. (c) Enforcement (1) In general If the Commission has reason to believe that any manufacturer has violated, is violating, or is about to violate this section, the Commission may take any of the following actions: (A) Institute a proceeding— (i) that, except as provided in paragraph (2), complies with the requirements under section 5(b); and (ii) in which the Commission may impose on the manufacturer any penalty that the Commission may impose for a violation of section 5. (B) In the same manner and to the same extent as provided in section 13(b), bring suit in a district court of the United States to temporarily enjoin the action of the manufacturer. (C) Bring suit in a district court of the United States, in which the Commission may seek— (i) to permanently enjoin the action of the manufacturer; (ii) any of the remedies described in paragraph (3); and (iii) any other equitable remedy, including ancillary equitable relief. (2) Judicial review (A) In general Notwithstanding any provision of section 5, any manufacturer that is subject to a final order of the Commission that is issued in a proceeding instituted under paragraph (1)(A) may, not later than 30 days after the date on which the Commission issues the order, petition for review of the order in— (i) the United States Court of Appeals for the District of Columbia Circuit; or (ii) the court of appeals of the United States for the circuit in which the ultimate parent entity of the manufacturer is incorporated. (B) Treatment of findings In a review of an order issued by the Commission conducted by a court of appeals of the United States under subparagraph (A), the factual findings of the Commission shall be conclusive if those facts are supported by the evidence. (3) Equitable remedies (A) Disgorgement (i) In general In a suit brought under paragraph (1)(C), the Commission may seek, and the court may order, disgorgement of any unjust enrichment that a person obtained as a result of the violation that gives rise to the suit. (ii) Calculation Any disgorgement that is ordered with respect to a person under clause (i) shall be offset by any amount of restitution ordered under subparagraph (B). (iii) Limitations period The Commission may seek disgorgement under this subparagraph not later than 5 years after the latest date on which the person from which the disgorgement is sought receives any unjust enrichment from the effects of the violation that gives rise to the suit in which the Commission seeks the disgorgement. (B) Restitution (i) In general In a suit brought under paragraph (1)(C), the Commission may seek, and the court may order, restitution with respect to the violation that gives rise to the suit. (ii) Limitations period The Commission may seek restitution under this subparagraph not later than 5 years after the latest date on which the person from which the restitution is sought receives any unjust enrichment from the effects of the violation that gives rise to the suit in which the Commission seeks the restitution. (4) Rules of construction Nothing in this subsection may be construed as— (A) requiring the Commission to bring a suit seeking a temporary injunction under paragraph (1)(B) before bringing a suit seeking a permanent injunction under paragraph (1)(C); or (B) affecting any other authority of the Commission under this Act to seek relief or obtain a remedy with respect to a violation of this Act. . (b) Applicability Section 27 of the Federal Trade Commission Act, as added by subsection (a), shall apply with respect to any— (1) conduct that occurs on or after the date of enactment of this Act; and (2) action or proceeding that is commenced on or after the date of enactment of this Act. (c) Antitrust laws Nothing in this section, or the amendments made by this section, shall modify, impair, limit, or supersede the applicability of the antitrust laws as defined in subsection (a) of the first section of the Clayton Act ( 15 U.S.C. 12(a) ), and of section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ) to the extent that it applies to unfair methods of competition. (d) Rulemaking The Federal Trade Commission may issue rules under section 553 of title 5, United States Code, to carry out section 27 of the Federal Trade Commission Act, as added by subsection (a), including by defining any terms used in such section 27 (other than terms that are defined in subsection (a) of such section 27). (e) Confirmation Upon the request of the Commission, the Secretary shall provide confirmation of— (1) any request made by the Secretary to the manufacturer for an application or supplement to an application for a change, modification, or reformulation of a drug or biological product; (2) any withdrawal by the manufacturer of an application for a drug or reference product; or (3) any request made by a manufacturer to the Secretary for withdrawal of an approval of the application for a drug or reference product or a request for placement of a drug or reference product on the discontinued products list. 203. Title 35 amendments (a) In general Section 271(e) of title 35, United States Code, is amended— (1) in paragraph (2)(C), in the flush text following clause (ii), by adding at the end the following: With respect to a submission described in clause (ii), the act of infringement shall extend to any patent that claims the biological product, a method of using the biological product, or a method or product used to manufacture the biological product. ; and (2) by adding at the end the following: (7) (A) Subject to subparagraphs (C), (D), and (E), if the sponsor of an approved application for a reference product, as defined in section 351(i) of the Public Health Service Act ( 42 U.S.C. 262(i) ) (referred to in this paragraph as the reference product sponsor ), brings an action for infringement under this section against an applicant for approval of a biological product under section 351(k) of such Act that references that reference product (referred to in this paragraph as the subsection (k) applicant ), the reference product sponsor may assert in the action a total of not more than 20 patents of the type described in subparagraph (B), not more than 10 of which shall have issued after the date specified in section 351(l)(7)(A) of such Act. (B) The patents described in this subparagraph are patents that satisfy each of the following requirements: (i) Patents that claim the biological product that is the subject of an application under section 351(k) of the Public Health Service Act ( 42 U.S.C. 262(k) ) (or a use of that product) or a method or product used in the manufacture of such biological product. (ii) Patents that are included on the list of patents described in section 351(l)(3)(A) of the Public Health Service Act ( 42 U.S.C. 262(l)(3)(A) ), including as provided under section 351(l)(7) of such Act. (iii) Patents that— (I) have an actual filing date of more than 4 years after the date on which the reference product is approved; or (II) include a claim to a method in a manufacturing process that is not used by the reference product sponsor. (C) The court in which an action described in subparagraph (A) is brought may increase the number of patents limited under that subparagraph— (i) if the request to increase that number is made without undue delay; and (ii) (I) if the interest of justice so requires; or (II) for good cause shown, which— (aa) shall be established if the subsection (k) applicant fails to provide information required under section 351(l)(2)(A) of the Public Health Service Act ( 42 U.S.C. 262(l)(2)(A) ) that would enable the reference product sponsor to form a reasonable belief with respect to whether a claim of infringement under this section could reasonably be asserted; and (bb) may be established— (AA) if there is a material change to the biological product (or process with respect to the biological product) of the subsection (k) applicant that is the subject of the application; (BB) if, with respect to a patent on the supplemental list described in section 351(l)(7)(A) of Public Health Service Act ( 42 U.S.C. 262(l)(7)(A) ), the patent would have issued before the date specified in such section 351(l)(7)(A) but for the failure of the Office to issue the patent or a delay in the issuance of the patent, as described in paragraph (1) of section 154(b) and subject to the limitations under paragraph (2) of such section 154(b); or (CC) for another reason that shows good cause, as determined appropriate by the court. (D) In determining whether good cause has been shown for the purposes of subparagraph (C)(ii)(II), a court may consider whether the reference product sponsor has provided a reasonable description of the identity and relevance of any information beyond the subsection (k) application that the court believes is necessary to enable the court to form a belief with respect to whether a claim of infringement under this section could reasonably be asserted. (E) The limitation imposed under subparagraph (A)— (i) shall apply only if the subsection (k) applicant completes all actions required under paragraphs (2)(A), (3)(B)(ii), (5), (6)(C)(i), (7), and (8)(A) of section 351(l) of the Public Health Service Act ( 42 U.S.C. 262(l) ); and (ii) shall not apply with respect to any patent that claims, with respect to a biological product, a method for using that product in therapy, diagnosis, or prophylaxis, such as an indication or method of treatment or other condition of use. . (b) Applicability The amendments made by subsection (a) shall apply with respect to an application submitted under section 351(k) of the Public Health Service Act ( 42 U.S.C. 262(k) ) on or after the date of enactment of this Act. (2) In the matter proposed to be inserted by the amendment of the Senate, strike sections 4, 5, and 6 and insert the following: III Access to Counsel Act of 2020 301. Short title This title may be cited as the Access to Counsel Act of 2020 . 302. Access to counsel and other assistance at ports of entry and deferred inspection (a) Access to counsel and other assistance during inspection Section 235 of the Immigration and Nationality Act ( 8 U.S.C. 1225 ) is amended by adding at the end the following: (e) Access to counsel and other assistance during inspection (1) In general The Secretary of Homeland Security shall ensure that a covered individual has a meaningful opportunity to consult with counsel and an interested party during the inspection process. (2) Scope of assistance The Secretary of Homeland Security shall— (A) provide the covered individual a meaningful opportunity to consult with counsel and an interested party not later than one hour after the secondary inspection process commences and as necessary throughout the inspection process, including, as applicable, during deferred inspection; (B) allow counsel and an interested party to advocate on behalf of the covered individual, including by providing to the examining immigration officer information, documentation, and other evidence in support of the covered individual; and (C) to the greatest extent practicable, accommodate a request by the covered individual for counsel or an interested party to appear in-person at the secondary or deferred inspection site. (3) Special rule for lawful permanent residents (A) In general The Secretary of Homeland Security may not accept Form I-407 Record of Abandonment of Lawful Permanent Resident Status (or a successor form) from a lawful permanent resident subject to secondary or deferred inspection without providing such lawful permanent resident a reasonable opportunity to seek advice from counsel prior to the submission of the form. (B) Exception The Secretary of Homeland Security may accept Form I-407 Record of Abandonment of Lawful Permanent Resident Status (or a successor form) from a lawful permanent resident subject to secondary or deferred inspection if such lawful permanent resident knowingly, intelligently, and voluntarily waives, in writing, the opportunity to seek advice from counsel. (4) Definitions In this section: (A) Counsel The term counsel means— (i) an attorney who is a member in good standing of the bar of any State, the District of Columbia, or a territory or a possession of the United States and is not under an order suspending, enjoining, restraining, disbarring, or otherwise restricting the attorney in the practice of law; or (ii) an individual accredited by the Attorney General, acting as a representative of an organization recognized by the Executive Office for Immigration Review, to represent a covered individual in immigration matters. (B) Covered individual The term covered individual means an individual subject to secondary or deferred inspection who is— (i) a national of the United States; (ii) an immigrant, lawfully admitted for permanent residence, who is returning from a temporary visit abroad; (iii) an alien seeking admission as an immigrant in possession of a valid unexpired immigrant visa; (iv) an alien seeking admission as a non-immigrant in possession of a valid unexpired non-immigrant visa; (v) a refugee; (vi) a returning asylee; or (vii) an alien who has been approved for parole under section 212(d)(5)(A), including an alien who is returning to the United States in possession of a valid advance parole document. (C) Interested party The term interested party means— (i) a relative of the covered individual; (ii) in the case of a covered individual to whom an immigrant or non-immigrant visa has been issued, the petitioner or sponsor thereof (including an agent of such petitioner or sponsor); or (iii) a person, organization, or entity in the United States with a bona fide connection to the covered individual. . (b) Effective date The amendment made by subsection (a) shall take effect 180 days after the date of the enactment of this Act. (c) Savings provision Nothing in this title, or in any amendment made by this title, may be construed to limit a right to counsel or any right to appointed counsel under— (1) section 240(b)(4)(A) ( 8 U.S.C. 1229a(b)(4)(A) ), (2) section 292 of the Immigration and Nationality Act ( 8 U.S.C. 1362 ), or (3) any other provision of law, including any final court order securing such rights, as in effect on the day before the date of the enactment of this Act.

Lorraine Miller Clerk.