[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2486 Engrossed Amendment House (EAH)]
<DOC>
In the House of Representatives, U. S.,
July 22, 2020.
Resolved, That the House agree to the amendment of the Senate to
the bill (H.R. 2486) entitled ``An Act to reauthorize mandatory funding
programs for historically Black colleges and universities and other
minority-serving institutions.'', with the following
HOUSE AMENDMENTS TO SENATE AMENDMENT:
(1)In the matter proposed to be inserted by the amendment of the
Senate, strike sections 1, 2, and 3 and insert the following:
TITLE I--NO BAN ACT
SEC. 101. SHORT TITLES.
This title may be cited as the ``National Origin-Based
Antidiscrimination for Nonimmigrants Act'' or the ``NO BAN Act''.
SEC. 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.
SEC. 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)).''.
SEC. 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.
SEC. 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.
TITLE II--AFFORDABLE PRESCRIPTIONS FOR PATIENTS ACT OF 2020
SEC. 201. SHORT TITLE.
This title may be cited as the ``Affordable Prescriptions for
Patients Act of 2020''.
SEC. 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:
``SEC. 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.
SEC. 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:
TITLE III--ACCESS TO COUNSEL ACT OF 2020
SEC. 301. SHORT TITLE.
This title may be cited as the ``Access to Counsel Act of 2020''.
SEC. 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.
Attest:
Clerk.
116th CONGRESS
2d Session
H.R. 2486
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HOUSE AMENDMENTS TO SENATE AMENDMENT