Sec. 101 Short title
This title may be cited as the “Birthright Citizenship Act of 2020”.
Division A — ______
A ______
I Birthright Citizenship
Sec. 102 Citizenship at birth for certain persons born in the United States
by inserting “(a) In general.—” before “The following”;
by redesignating subsections (a) through (h) as paragraphs (1) through (8), respectively; and
by adding at the end the following:
“(b) Definition—Acknowledging the right of birthright citizenship established by section 1 of the 14th amendment to the Constitution, a person born in the United States shall be considered ‘subject to the jurisdiction’ of the United States for purposes of subsection (a)(1) if the person is born in the United States of parents, one of whom is—
“(1) a citizen or national of the United States;
“(2) an alien lawfully admitted for permanent residence in the United States whose residence is in the United States; or
“(3) an alien performing active service in the armed forces (as defined in section 101 of title 10, United States Code).”
Applicability— The amendment made by subsection (a)(3) shall not be construed to affect the citizenship or nationality status of any person born before the date of the enactment of this Act.
II ObamaCare Repeal
Sec. 201 Short title
This title may be cited as the “ObamaCare Repeal Act”.
Sec. 202 Repeal of the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010
Patient Protection and Affordable Care Act— Effective as of the enactment of the Patient Protection and Affordable Care Act (Public Law 111–148), such Act is repealed, and the provisions of law amended or repealed by such Act are restored or revived as if such Act had not been enacted.
Health Care and Education Reconciliation Act of 2010— Effective as of the enactment of the Health Care and Education Reconciliation Act of 2010 (Public Law 111–152), such Act is repealed, and the provisions of law amended or repealed by such Act are restored or revived as if such Act had not been enacted.
III Barring PPACA Supreme Court cases from citation
Sec. 301 Barring PPACA Supreme Court cases from citation
Under Article 3, Section 2, which allows Congress to provide exceptions and regulations for Supreme Court consideration of cases and controversies, the following cases are barred from citation for the purpose of precedence in all future cases after enactment: Nat'l Fed'n of Indep. Bus. v. Sebelius, 132 S. Ct. 2566, 2573, 183 L. Ed. 2d 450 (2012) and King v. Burwell, 135 S. Ct. 2480, 2485, 192 L. Ed. 2d 483 (2015) and Burwell v. Hobby Lobby Stores Inc., 134 S. Ct. 2751, 2782, 189 L. Ed. 2d 675 (2014).
IV Protect Interstate Commerce
Sec. 401 Short title
This title may be cited as the “Protect Interstate Commerce Act of 2020”.
Sec. 402 Prohibition against interference by State and local governments with production or manufacture of items in other States
Consistent with article I, section 8, clause 3 of the Constitution of the United States, the government of a State or locality therein shall not impose a standard or condition on the production or manufacture of any agricultural product sold or offered for sale in interstate commerce if—
such production or manufacture occurs in another State; and
the standard or condition is in addition to the standards and conditions applicable to such production or manufacture pursuant to—
Federal law; and
the laws of the State and locality in which such production or manufacture occurs.
Sec. 403 Federal cause of action to challenge State regulation of interstate commerce
Private right of action— A person, including, but not limited to, a producer, transporter, distributer, consumer, laborer, trade association, the Federal Government, a State government, or a unit of local government, which is affected by a regulation of a State or unit of local government which regulates any aspect of an agricultural product, including any aspect of the method of production, which is sold in interstate commerce, or any means or instrumentality through which such an agricultural product is sold in interstate commerce, may bring an action in the appropriate court to invalidate such a regulation and seek damages for economic loss resulting from such regulation.
Preliminary injunction— Upon a motion of the plaintiff described in subsection (a), the court shall issue a preliminary injunction to preclude the State or unit of local government from enforcing the regulation at issue until such time as the court enters a final judgment in the case, unless the State or unit of local government proves by clear and convincing evidence that—
the State or unit of local government is likely to prevail on the merits at trial; and
the injunction would cause irreparable harm to the State or unit of local government.
Statute of limitations— No action shall be maintained under this section unless it is commenced within 10 years after the cause of action arose.
Sec. 404 Agricultural product defined
In this title, the term agricultural product has the meaning given such term in section 207 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1626).
V Establishing Mandatory Minimums for Illegal Reentry
Sec. 501 Short title
This title may be cited as “Sarah’s Law” or as the “Establishing Mandatory Minimums for Illegal Reentry Act of 2020”.
Sec. 502 Increased penalties for reentry of removed aliens
Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326) is amended—
in subsection (a), in the matter following paragraph (2) by striking “fined under title 18, United States Code, or imprisoned not more than 2 years, or both” and inserting “imprisoned not less than 5 years and not more than 6 years”; and
in subsection (b)—
in paragraph (1), by striking “fined under title 18, United States Code, imprisoned not more than 10 years, or both” and inserting “imprisoned not less than 5 and not more than 10 years, and may, in addition, be fined under title 18, United States Code”;
in paragraph (2), by striking “fined under such title, imprisoned not more than 20 years, or both” and inserting “imprisoned not less than 5 and not more than 20 years and may, in addition, be fined under such title”; and
in paragraph (4), by striking “fined under title 18, United States Code, imprisoned for not more than 10 years, or both” and inserting “imprisoned for not less than 5 and not more than 10 years and may, in addition, be fined under such title”.
VI Sarah’s Law
Sec. 601 Short title
This title may be cited as “Sarah’s Law”.
Sec. 602 Mandatory detention of certain aliens charged with a crime resulting in death or serious bodily injury
Section 236(c) of the Immigration and Nationality Act (8 U.S.C. 1226(c)) is amended—
in paragraph (1)—
in subparagraphs (A) and (B), by striking the comma at the end of each subparagraph and inserting a semicolon;
in subparagraph (C)—
by striking “sentence” and inserting “sentenced”; and
by striking “, or” and inserting a semicolon;
in subparagraph (D), by striking the comma at the end and inserting “; or”; and
by inserting after subparagraph (D) the following:
“(E)
“(i)
“(I) was not inspected and admitted into the United States;
“(II) held a nonimmigrant visa (or other documentation authorizing admission into the United States as a nonimmigrant) that has been revoked under section 221(i); or
“(III) is described in section 237(a)(1)(C)(i); and
“(ii) has been charged by a prosecuting authority in the United States with any crime that resulted in the death or serious bodily injury (as defined in section 1365(h)(3) of title 18, United States Code) of another person,”
by adding at the end the following:
“(3) Notification requirement—Upon encountering or gaining knowledge of an alien described in paragraph (1), the Assistant Secretary of Homeland Security for Immigration and Customs Enforcement shall make reasonable efforts—
“(A) to obtain information from law enforcement agencies and from other available sources regarding the identity of any victims of the crimes for which such alien was charged or convicted; and
“(B) to provide the victim or, if the victim is deceased, a parent, guardian, spouse, or closest living relative of such victim, with information, on a timely and ongoing basis, including—
“(i) the alien’s full name, aliases, date of birth, and country of nationality;
“(ii) the alien’s immigration status and criminal history;
“(iii) the alien’s custody status and any changes related to the alien’s custody; and
“(iv) a description of any efforts by the United States Government to remove the alien from the United States.”
Sec. 603 Savings provision
Nothing in this title, or the amendments made by this title, may be construed to limit the rights of crime victims under any other provision of law, including section 3771 of title 18, United States Code.
VII Heartbeat Protection
Sec. 701 Short title
This title may be cited as the “Heartbeat Protection Act of 2020”.
Sec. 702 Abortions prohibited without a check for fetal heartbeat, or if a fetal heartbeat is detectable
Abortions prohibited without a check for fetal heartbeat, or if a fetal heartbeat is detectable— Chapter 74 of title 18, United States Code, is amended—
in the chapter heading, by striking “Partial-Birth”;
by inserting after section 1531 the following:
“1532. Abortions prohibited without a check for fetal heartbeat, or if a fetal heartbeat is detectable
“(a) Offense—Any physician who knowingly performs an abortion and thereby kills a human fetus—
“(1) without determining, according to standard medical practice, whether the fetus has a detectable heartbeat;
“(2) without informing the mother of the results of that determination; or
“(3) after determining, according to standard medical practice, that the fetus has a detectable heartbeat,
“(b) Defendant may seek hearing—A defendant indicted for an offense under this section may seek a hearing before the State Medical Board on whether the physician's conduct was necessary to save the life of the mother whose life was endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself, but not including psychological or emotional conditions. The findings on that issue are admissible on that issue at the trial of the defendant. Upon a motion of the defendant, the court shall delay the beginning of the trial for not more than 30 days to permit such a hearing to take place.
“(c) No liability for the mother on whom abortion is performed—A mother upon whom an abortion is performed may not be prosecuted under this section, for a conspiracy to violate this section, or for an offense under section 2, 3, or 4 of this title based on a violation of this section.
“(d) Requirement for data retention—The physician shall include in the medical file of the mother documentation of the determination, according to standard medical practice, of whether the fetus has a detectable heartbeat, the results of that determination, notification of the mother of those results, and any information entered into evidence in any proceedings under subsection (b). Paragraph (j)(2) of section 164.530 of title 45, Code of Federal Regulations, shall apply to such documentation.
“(e) Severability—If any provision of this section or the application of such provision to any person or circumstance is held to be invalid, the remainder of this section and the application of the provisions of the remainder to any person or circumstance shall not be affected thereby.”
in the table of sections, by inserting after the item pertaining to section 1841 the following:
Clerical amendment— The table of chapters for part I of title 18, United States Code, is amended, in the item relating to chapter 74, to read as follows:
VIII Sanctity of Life
Sec. 801 Short title
This title may be cited as the “Sanctity of Life Act of 2020”.
Sec. 802 Findings and declaration
Findings— Congress finds that uncontroverted scientific evidence has always shown that actual human life exists from the moment of conception.
Declaration— Upon the basis of these findings, and in the exercise of the powers of the Congress, the Congress hereby declares that human life shall be deemed to exist from fertilization, without regard to race, sex, age, health, defect, or condition of dependency and “person” shall include all human life as defined herein. Congress further recognizes that each State has a compelling interest in protecting the lives of those within the State’s jurisdiction whom the State rationally regards as human beings.
Sec. 803 Limitation on jurisdiction
Chapter 81 of title 28, United States Code, is amended by adding the following new section and renumbering any appropriate section accordingly:
“1261. Appellate jurisdiction; limitations
“Notwithstanding the provisions of sections 1253, 1254, and 1257 of this chapter, the Supreme Court shall not have jurisdiction to review, by appeal, writ of certiorari, or otherwise, any case arising out of any statute, ordinance, rule, regulation, practice, or any part thereof, or arising out of any act interpreting, applying, enforcing, or effecting any statute, ordinance, rule, regulation, or practice, on the grounds that such statute, ordinance, rule, regulation, practice, act, or part thereof (1) protects the rights of human persons between conception and birth, or (2) prohibits, limits, or regulates (a) the performance of abortions or (b) the provision of public expense of funds, facilities, personnel, or other assistance for the performance of abortions.”
The section analysis of chapter 81 of title 28 is amended by adding the following new item:
Sec. 804 Limitation on jurisdiction
Chapter 85 of title 28, United States Code, is amended by adding at the end thereof the following new section and renumbering any appropriate section accordingly:
“1370. Limitations on jurisdiction
“Notwithstanding any other provision of law, the district courts shall not have jurisdiction of any case or question which the Supreme Court does not have jurisdiction to review under section 1261 of this title.”
The section analysis at the beginning of chapter 85 of title 28 is amended by adding at the end thereof the following new item:
Sec. 805 Effective date
The provisions of this title shall take effect immediately upon enactment.
Sec. 806 Severability
If any provision of this title or the application thereof to any person or circumstance is judicially determined to be invalid, the validity of the remainder of the Act and the application of such provision to other persons and circumstances shall not be affected by such determination.
IX Tax Free Health Insurance
Sec. 901 Short title
This title may be cited as the “Tax Free Health Insurance Act of 2020”.
Sec. 902 Deduction for premiums for health insurance
In general— Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section:
“224. Deduction for premiums for health insurance
“In the case of an individual, there shall be allowed as a deduction to the taxpayer for the taxable year amounts paid by the taxpayer for insurance which constitutes medical care (as defined in section 213(d)) for the taxpayer and the taxpayer’s spouse and dependents. No amount shall be taken into account under the preceding sentence if a deduction or credit is allowed for such amount under this chapter or to any other taxpayer.”
Deduction allowed whether or not individual itemizes other deductions— Subsection (a) of section 62 of such Code is amended by inserting before the last sentence at the end the following new paragraph:
“(22) Deduction for premiums for health insurance—The deduction allowed by section 224.”
Clerical amendment— The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 224 and adding at the end the following new items:
Effective date— The amendments made by this section shall apply to taxable years beginning after December 31, 2018.
X American Future Healthcare
Sec. 1001 Short title
This title may be cited as the “American Future Healthcare Act of 2020”.
Sec. 1002 Reform of Health Savings Accounts
Repeal of high deductible health plan requirement— Section 223(a) of the Internal Revenue Code of 1986 is amended to read as follows:
“(a) Deduction allowed—In the case of an individual, there shall be allowed as a deduction for a taxable year an amount equal to the aggregate amount paid in cash during such taxable year by or on behalf of such individual to a health savings account of such individual.”
Increase in deductible HSA contribution limitations— Section 223(b)(1) of such Code is amended by striking “the sum of the monthly” and all that follows through “eligible individual” and inserting “$10,000 ($20,000 in the case of a joint return)”.
Medicare eligible individuals eligible To contribute to HSA— Section 223(b) of such Code is amended by striking paragraph (7).
Purchase of health insurance— Section 223(d)(2) of such Code is amended—
by striking subparagraphs (B) and (C), and
by striking “Qualified medical expenses.—” and all that follows through “The term” and inserting “Qualified medical expenses.—The term”.
Cost-of-Living adjustment for catchup contributions— Section 223(f)(1) of such Code (as redesignated by subsection (g)(3)) is amended by striking “Each dollar amount in subsections (b)(2) and (c)(2)(A)” and inserting “In the case of a taxable year beginning after December 31, 2019, each dollar amount in paragraphs (1) and (2) of subsection (b)”.
Cost-of-Living adjustment indexed to CPI medical care component— Section 223(f) (as so redesignated) is amended by adding at the end the following new paragraph:
“(3) CPI medical care component
“(A) In general—For purposes of paragraph (1), the cost-of-living adjustment determined under section 1(f)(3) for the calendar year shall be determined by substituting “CPI medical care component” for “CPI”.
“(B) CPI medical care component—For purposes of subparagraph (A), the term CPI medical care component means the medical care component for the Consumer Price Index for All Urban Consumers published by the Department of Labor.”
Conforming amendments—
Section 223(b) of such Code is amended by striking paragraphs (2), (5), and (8) and by redesignating paragraphs (3), (4), and (6) as paragraphs (2), (3), and (4), respectively.
Section 223(b)(3) of such Code (as redesignated by paragraph (1)) is amended by striking the last sentence.
Section 223 of such Code is amended by striking subsection (c) and redesignating subsections (d) through (h) as subsections (c) through (g), respectively.
Section 223(c)(1)(A) of such Code (as redesignated by paragraph (3)) is amended—
by striking “subsection (f)(5)” and inserting “subsection (e)(5)”; and
in clause (ii) by striking “the sum of—” and all that follows and inserting “the dollar amount in effect under subsection (b)(1).”.
Section 223(f)(1) (as redesignated by paragraph (3)) is amended by striking “calendar year 2003” and inserting “calendar year 2014”.
Section 26(b)(2)(U) of such Code is amended by striking “section 223(f)(4)” and inserting “section 223(e)(4)”.
Sections 35(g)(3), 220(f)(5)(A), 848(e)(1)(v), 4973(a)(5), and 6051(a)(12) of such Code are each amended by striking “section 223(d)” each place it appears and inserting “section 223(c)”.
Section 106(d)(1) of such Code is amended—
by striking “who is an eligible individual (as defined in section 223(c)(1))”; and
by striking “section 223(d)” and inserting “section 223(c)”.
Section 408(d)(9) of such Code is amended—
in subparagraph (A) by striking “who is an eligible individual (as defined in section 223(c)) and”; and
in subparagraph (C) by striking “computed on the basis of the type of coverage under the high deductible health plan covering the individual at the time of the qualified HSA funding distribution”.
Section 877A(g)(6) of such Code is amended by striking “223(f)(4)” and inserting “223(e)(4)”.
Section 4973(g) of such Code is amended—
by striking “section 223(d)” and inserting “section 223(c)”;
in paragraph (2), by striking “section 223(f)(2)” and inserting “section 223(e)(2)”; and
by striking “section 223(f)(3)” and inserting “section 223(e)(3)”.
Section 4975 of such Code is amended—
in subsection (c)(6)—
by striking “section 223(d)” and inserting “section 223(c)”; and
by striking “section 223(e)(2)” and inserting “section 223(d)(2)”; and
in subsection (e)(1)(E), by striking “section 223(d)” and inserting “section 223(c)”.
Section 6693(a)(2)(C) of such Code is amended by striking “section 223(h)” and inserting “section 223(g)”.
Effective date— The amendments made by this section shall apply to taxable years beginning after December 31, 2018.
Sec. 1003 HSA Rollover to Medicare Advantage MSA
In general— Section 138(b)(2) of the Internal Revenue Code of 1986 is amended by striking “or” at the end of subparagraph (A), by adding “or” at the end of subparagraph (C), and by adding at the end the following new subparagraph:
“(C) an HSA rollover contribution described in subsection (d)(5),”
HSA rollover contribution— Section 138(c) of such Code is amended by adding at the end the following new paragraph:
“(5) Rollover contribution—An amount is described in this paragraph as a rollover contribution if it meets the requirement of subparagraphs (A) and (B).
“(A) In general—The requirements of this subparagraph are met in the case of an amount paid or distributed from a health savings to the account beneficiary to the extent the amount is received is paid into a Medicare Advantage MSA of such beneficiary not later than the 60th day after the day on which the beneficiary receives the payment or distribution.
“(B) Limitation—This paragraph shall not apply to any amount described in subparagraph (A) received by an individual from a health savings account if, at any time during the 1-year period ending on the day of such receipt, such individual received any other amount described in subparagraph (A) from a health savings account which was not includible in the individual’s gross income because of the application of section 223(e)(5)(A).”
Conforming amendment— Section 223(e)(5)(A) of such Code, as amended by section 1002, is amended by inserting “or Medicare Advantage MSA” after “into a health savings account”.
Effective date— The amendments made by this section shall apply to taxable years beginning after December 31, 2018.
Sec. 1004 Treatment of direct primary care service arrangement fees as medical expense
In general— Section 223(c)(2)(C) of the Internal Revenue Code of 1986, as amended by the preceding provisions of this title, is amended by striking “or” at the end of clause (iii), by striking the period at the end of clause (iv) and inserting “, or”, and by adding at the end the following new clause:
“(v) any direct primary care service arrangement.”
Direct primary care service arrangement— Section 223(c) of such Code, as amended by the preceding provisions of this title, is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph:
“(4) Direct primary care service arrangement—For purposes of this paragraph—
“(A) In general—The term direct primary care service arrangement means, with respect to any individual, an arrangement under which such individual is provided medical care (as defined in section 213(d)) consisting solely of primary care services (as defined in section 1833(x)(2)(B) of the Social Security Act) provided by primary care practitioners (as defined in section 1833(x)(2)(A) of the Social Security Act, determined without regard to clause (ii) thereof), if the sole compensation for such care is a fixed periodic fee.
“(B) Limitation—With respect to any individual for any month, such term shall not include any arrangement if the aggregate fees for all direct primary care service arrangements (determined without regard to this subclause) with respect to such individual for such month exceed $150 (twice such dollar amount in the case of an individual with any direct primary care service arrangement (as so determined) that covers more than one individual).
“(C) Certain services specifically excluded from treatment as primary care services—For purposes of this paragraph, the term primary care services shall not include—
“(i) procedures that require the use of general anesthesia,
“(ii) prescription drugs (other than vaccines), and
“(iii) laboratory services not typically administered in an ambulatory primary care setting.”
Inflation adjustment— Section 223(g)(1) of such Code is amended—
by striking “and (c)(2)(A)” and inserting “, (c)(2)(A), and (c)(4)(B)”, and
in subparagraph (B), by striking “clause (ii)” and inserting “clauses (ii) and (iii)” in clause (i), by striking “and” at the end of clause (i), by striking the period at the end of clause (ii) and inserting “, and”, and by inserting after clause (ii) the following new clause:
“(iii) in the case of the dollar amount in subsection (c)(4)(B) for taxable years beginning in calendar years after 2019, “calendar year 2018”.”
Reporting of direct primary care service arrangement fees on W–2— Section 6051(a) of such Code is amended by striking “and” at the end of paragraph (16), by striking the period at the end of paragraph (17) and inserting “, and”, and by inserting after paragraph (17) the following new paragraph:
“(18) in the case of a direct primary care service arrangement (as defined in section 223(c)(4)) which is provided in connection with employment, the aggregate fees for such arrangement for such employee.”
Effective date— The amendments made by this subsection shall apply to months beginning after December 31, 2018, in taxable years ending after such date.
Sec. 1005 Allowing certain individuals with alternative health coverage to choose to opt out of the Medicare part A benefit
In general— Any individual described in subsection (c) who is otherwise entitled to benefits under part A of title XVIII of the Social Security Act may elect (in such form and manner as may be specified by the Commissioner of Social Security, in consultation with the Secretary of Health and Human Services) to opt out of such entitlement. Notwithstanding any other provision of law, in the case of an individual who makes such an election, such individual—
may (in such form and manner as may be specified by the Commissioner, in consultation with the Secretary) subsequently choose to end such election and opt back into such entitlement (in accordance with a process determined by the Commissioner, in consultation with the Secretary) without, subject to subsection (b), being subject to any penalty;
shall not be required to opt out of benefits under title II of such Act as a condition for making such election; and
shall not be required to repay any amount paid under such part A for items and services furnished prior to making such election.
Notification of termination of qualifying alternative health coverage required—
Notification— In the case of an individual who makes an election under subsection (a) and whose enrollment in qualifying alternative health coverage is subsequently terminated, such individual shall notify the Secretary of Health and Human Services of such termination not later than 60 days after the date of such termination.
Late enrollment penalty— If an individual required to notify the Secretary under paragraph (1) fails to provide such notification within the period specified under such paragraph and subsequently chooses to end the election made by such individual under subsection (a) and opt back into benefits under part A of title XVIII of the Social Security Act, such individual shall be subject to a late enrollment penalty (as determined by the Secretary) in a manner and amount similar to an individual enrolled under such part A pursuant to section 1818 of such Act (42 U.S.C. 1395i–2).
Individual described—
In general— For purposes of this section, an individual described in this subsection is an individual who demonstrates (in accordance with a process determined by the Commissioner, in consultation with the Secretary) that the individual is enrolled under qualifying alternative health coverage.
Qualifying alternative health coverage— For purposes of this section, the term qualifying alternative health coverage includes a group health plan or health insurance coverage offered in the group or individual market (as such terms are defined in section 2791 of the Public Health Service Act (42 U.S.C. 300gg–91), or other health coverage specified by the Commissioner, in consultation with the Secretary, that provides at least benefits comparable to benefits provided under part A of title XVIII of the Social Security Act.
XI
A Choices in Education Act
Sec. 1101 Short title
This subtitle may be cited as the “Choices in Education Act of 2019”.
Sec. 1102 Repeal of Elementary and Secondary Education Act and limitation on secretarial authority
Repeal— The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is repealed.
Limitation on secretarial authority— The authority of the Secretary under this title is limited to evaluating State applications under section 1104 and making payments to States under section 1103. The Secretary shall not impose any further requirements on States with respect to elementary and secondary education beyond the requirements of this title.
Sec. 1103 Block grants to states
Grants to states— From amounts appropriated to carry out this title for a fiscal year, the Secretary shall award grants (from allotments made under subsection (b)) to qualified States to enable such States to carry out an education voucher program under section 1105.
Allotment— From amounts described in subsection (a) for a fiscal year, the Secretary shall allot to each qualified State for that fiscal year an amount that bears the same ratio to those amounts as the number of eligible children in the qualified State (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the number of all eligible children in all States in such school year.
Reallotment— If a State does not receive funds under subsection (b) for a fiscal year, the Secretary shall allot the remainder of such funds to each qualified State in an amount that bears the same ratio to such remainder for such year as the amount received under subsection (b) by such qualified State bears to the amount received under such subsection for such year by all qualified States.
Deficit reduction— Any amounts remaining after allotments are made under subsection (c) for a fiscal year shall not be available for any purpose other than deficit reduction.
Sec. 1104 Application
Application— To be eligible to receive a grant under this title, a State shall submit an application to the Secretary that includes assurances that the State will—
comply with the requirements of section 1105; and
make it lawful for parents of an eligible child to elect—
to enroll their child in any public or private elementary or secondary school in the State; or
to home-school their child.
Approval— Not later than 30 days after receiving an application from a State that meets the requirements of subsection (a), the Secretary shall approve such application.
Sec. 1105 Education voucher program requirements
Education voucher program—
In general— The State shall distribute funds received under this title among the local educational agencies in the State based on the number of eligible children enrolled in the public schools operated by each local educational agency and the number of eligible children within each local educational agency's geographical area whose parents elect to send their child to a private school or to home-school their child.
Sense of Congress— It is the sense of Congress that States should distribute non-Federal funds for elementary and secondary education in a manner that promotes competition and choices in education.
Identification of eligible children; allocation and distribution of funds—
Identification of eligible children—
LEA Identification— On an annual basis, on a date to be determined by the Secretary, each local educational agency shall inform the State educational agency of—
the number of eligible children enrolled in public schools served by the local educational agency; and
the number of eligible children within each local educational agency’s geographical area whose parents elect—
to send their child to a private school; or
to home-school their child.
State identification— On an annual basis, on a date to be determined by the Secretary, each State educational agency shall inform the Secretary of the total number of children identified by all local educational agencies in the State under subparagraph (A).
Amount of payment—
In general— Subject to subparagraph (B), the amount of payment for each eligible child in a State shall be equal to—
the total amount allotted to the State under this title; divided by
the total number of eligible children in the State identified under paragraph (1).
Limitations—
In the case of a payment made to the parent of an eligible child who elects to attend a private school, the amount of the payment described in subparagraph (A) for each eligible child shall not exceed the cost for tuition, fees, and transportation for the eligible child to attend the private school.
In the case of a payment made to a parent of an eligible child who elects to home-school such child, the amount of the payment described in subparagraph (A) for each eligible child shall not exceed the cost of home-schooling the child.
Allocation to local educational agencies— Based on the identification of eligible children in paragraph (1), the State educational agency shall provide to a local educational agency an amount equal to the product of—
the amount available for each eligible child in the State, as determined in paragraph (2); multiplied by
the number of eligible children identified by the local educational agency under paragraph (1)(A).
Distribution to schools— From amounts allocated under paragraph (3), each local educational agency that receives funds under such paragraph shall distribute a portion of such funds to the public schools served by the local educational agency, which amount shall—
be based on the number of eligible children enrolled in such schools and included in the count submitted under paragraph (1)(A); and
be distributed in a manner that would, in the absence of such Federal funds, supplement the funds made available from non-Federal resources for the education of eligible children, and not to supplant such funds.
Distribution to parents—
In general— From the amounts allocated under paragraph (3), each local educational agency that receives funds under such paragraph shall distribute a portion of such funds, in an amount equal to the amount described in paragraph (2), to the parents of each eligible child within the local educational agency’s geographical area who elect to send their child to a private school or to home-school their child (as the case may be) and whose child is included in the count of such eligible children under paragraph (1)(A), which amount shall be distributed in a manner so as to ensure that such payments will be used for appropriate educational expenses.
Reservation— A local educational agency described in this paragraph may reserve not more than 1 percent of the funds available for distribution under subparagraph (A) to pay administrative costs associated with carrying out the activities described in such subparagraph.
Rule of construction— Payments to parents under subsection (b)(5) shall be considered assistance to the eligible child and shall not be considered assistance to the school that enrolls the eligible child. The amount of any payment under this section shall not be treated as income of the child or his or her parents for purposes of Federal tax laws or for determining eligibility for any other Federal program.
Sec. 1106 Definitions
In this title:
Eligible child— The term eligible child means a child aged 5 to 17, inclusive.
Parent— The term parent includes a legal guardian or other person standing in loco parentis (such as a grandparent or stepparent with whom the child lives, or a person who is legally responsible for the child's welfare).
Secretary— The term Secretary means the Secretary of Education.
State— The term State means each of the 50 States and the District of Columbia.
Qualified state— The term qualified State means a State that has an application approved by the Secretary under section 1104.
B No Hungry Kids Act
Sec. 1121 Short title
This subtitle may be cited as the “No Hungry Kids Act”.
Sec. 1122 Repeal of rule
The rule prescribed by the Food and Nutrition Service of the Department of Agriculture relating to nutrition standards in the national school lunch and school breakfast programs published on January 26, 2012 (77 Fed. Reg. 4088 et seq.), and revising parts 210 and 220 of title 7, Code of Federal Regulations, shall have no force or effect.
Sec. 1123 Limits on certain nutritional requirements
Section 9(a)(1)(A)(i) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(a)(1)(A)(i)) is amended by inserting before the semicolon the following: “, to establish a calorie maximum for individual school lunches, or to prohibit a child from eating a lunch provided by the child’s parent or legal guardian”.
XII Religious Worker Visa Reciprocity
Sec. 1201 Short title
This title may be cited as the “Religious Worker Visa Reciprocity Act of 2020”.
Sec. 1202 Requiring reciprocal immigration treatment
Section 204(a)(1)(G) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(G)) is amended by adding at the end the following:
“(iii) Beginning on October 1, 2017, no petition may be approved for classification of an alien as a special immigrant under section 101(a)(27)(C) if the Secretary of Homeland Security has determined that the country of the alien’s nationality—
“(I) is identified as a Country of Particular Concern or a country where religious freedom is of significant interest in the 2018 International Religious Freedom Report; or
“(II) does not extend reciprocal immigration treatment to nationals of the United States who are seeking resident status in order to work in a religious vocation or occupation.”
XIII Termination of EB–5 program
Sec. 1301 Termination of EB–5 program
Repeal of provisions— Effective on the date of the enactment of this Act, the following provisions are repealed:
Section 203(b)(5) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(5)).
Section 204(a)(1)(H) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(H)).
Section 216A of the Immigration and Nationality Act (8 U.S.C. 1186b).
Section 610 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note).
Applicability— Beginning on the date of the enactment of this Act, the Secretary of Homeland Security—
shall cease to accept petitions and applications under any authority repealed under subsection (a); and
shall dismiss all pending petitions and applications described in paragraph (1).
XIV Expatriate Terrorist
Sec. 1401 Short title
This title may be cited as the “Expatriate Terrorist Act”.
Sec. 1402 Loss of nationality due to support of terrorism
Section 349(a) of the Immigration and Nationality Act (8 U.S.C. 1481(a)) is amended to read as follows:
“(a) In general—A person who is a national of the United States whether by birth or naturalization, shall lose his or her nationality by voluntarily performing any of the following acts with the intention of relinquishing United States nationality:
“(1) Obtaining naturalization in a foreign state upon his or her own application or upon an application filed by a duly authorized agent, after having attained 18 years of age.
“(2) Taking an oath or making an affirmation or other formal declaration of allegiance to a foreign state, a political subdivision thereof, or a foreign terrorist organization designated under section 219, after having attained 18 years of age.
“(3) Entering, or serving in, the armed forces of a foreign state or a foreign terrorist organization designated under section 219 if—
“(A) such armed forces are engaged in hostilities against the United States; or
“(B) such persons serve as a commissioned or noncommissioned officer.
“(4) Becoming a member of, or providing training or material assistance to, any foreign terrorist organization designated under section 219.
“(5) Accepting, serving in, or performing the duties of any office, post, or employment under the government of a foreign state, a political subdivision thereof, or a foreign terrorist organization designated under section 219 if—
“(A) the person knowingly has or acquires the nationality of such foreign state; or
“(B) an oath, affirmation, or declaration of allegiance to the foreign state, political subdivision, or designated foreign terrorist organization is required for such office, post, or employment.
“(6) Making a formal renunciation of United States nationality before a diplomatic or consular officer of the United States in a foreign state, in such form as may be prescribed by the Secretary of State.
“(7) Making in the United States a formal written renunciation of nationality in such form as may be prescribed by, and before such officer as may be designated by, the Attorney General, whenever the United States shall be in a state of war and the Attorney General shall approve such renunciation as not contrary to the interests of national defense.
“(8)
“(A) Committing any act of treason against, or attempting by force to overthrow, or bearing arms against, the United States;
“(B) violating or conspiring to violate any of the provisions of section 2383 of title 18, United States Code;
“(C) willfully performing any act in violation of section 2385 of title 18, United States Code; or
“(D) violating section 2384 of such title by engaging in a conspiracy to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them,”
Sec. 1403 Revocation or denial of passports and passport cards to individuals who are members of foreign terrorist organizations
The Act entitled “An Act to regulate the issue and validity of passports, and for other purposes”, approved July 3, 1926 (22 U.S.C. 211a et seq.), which is commonly known as the “Passport Act of 1926”, is amended by adding at the end the following:
“4. Authority to deny or revoke passport and passport card
“(a) Ineligibility
“(1) Issuance—The Secretary of State shall not issue a passport or passport card to any individual whom the Secretary has determined is a member, or is attempting to become a member, of an organization the Secretary has designated as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).
“(2) Revocation—The Secretary of State shall revoke a passport or passport card previously issued to any individual described in paragraph (1).
“(b) Right of review—Any person who, in accordance with this section, is denied issuance of a passport or passport card by the Secretary of State, or whose passport or passport card is revoked or otherwise restricted by the Secretary of State, may request a due process hearing not later than 60 days after receiving such notice of the nonissuance, revocation, or restriction.”
XV Silencers Help Us Save Hearing
Sec. 1501 Short title
This title may be cited as the “Silencers Help Us Save Hearing Act” or the “SHUSH Act”.
Sec. 1502 Equal treatment of silencers and firearms
In general— Section 5845(a) of the Internal Revenue Code of 1986 is amended by striking “(7) any silencer” and all that follows through “; and (8)” and inserting “; and (7)”.
Effective date—
In general— Except as otherwise provided in this subsection, the amendment made by this section shall take effect on the date of the enactment of this Act.
Transfers— In the case of the tax imposed by section 5811 of such Code, the amendment made by this section shall apply with respect to transfers after October 22, 2015.
Sec. 1503 Treatment of certain silencers
Section 5841 of the Internal Revenue Code of 1986 is amended by adding at the end the following:
“(f) Firearm silencers—A person acquiring or possessing a firearm silencer in accordance with Chapter 44 of title 18, United States Code, shall be treated as meeting any registration and licensing requirements of the National Firearms Act (as in effect on the day before the date of the enactment of this subsection) with respect to such silencer.”
Sec. 1504 Preemption of certain State laws in relation to firearm silencers
Section 927 of title 18, United States Code, is amended by adding at the end the following: “Notwithstanding the preceding sentence, a law of a State or a political subdivision of a State that, as a condition of lawfully making, transferring, using, possessing, or transporting a firearm silencer in or affecting interstate or foreign commerce, imposes a tax on any such conduct, or a marking, recordkeeping or registration requirement with respect to the firearm silencer, shall have no force or effect.”.
Sec. 1505 Silencers and mufflers not to be Federally regulated
Definitions— Section 921(a) of title 18, United States Code, is amended—
in paragraph (3), by striking “(C) any firearm muffler or firearm silencer; or (D)” and inserting “or (C)”; and
by striking paragraph (24).
Penalties— Section 924 of such title is amended—
in subsection (c)(1)—
in paragraph (1)(B)(ii) by striking “, or is equipped with a firearm silencer or firearm muffler”; and
in paragraph (1)(C), by striking “or is equipped with a firearm silencer or firearm muffler,”; and
in subsection (o), by striking “or is equipped with a firearm silencer or muffler,”.
Carrying of concealed firearms by qualified law enforcement officers— Section 926B(e)(3) of such title is amended—
in subparagraph (A), by adding “and” at the end;
by striking subparagraph (B); and
by redesignating subparagraph (C) as subparagraph (B).
Carrying of concealed firearms by qualified retired law enforcement officers— Section 926C(e)(1)(C) of such title is amended—
in clause (i), by adding “and” at the end; and
by striking clause (ii).
XVI Protect American IPR
Sec. 1601 Short title
This title may be cited as the “Protect American IPR Act”.
Sec. 1602 Study and report on violations of United States intellectual property rights in China or by Chinese persons
Study— The United States Trade Representative, in consultation with the United States International Trade Commission, shall conduct an annual study to determine the estimated annual loss of revenue to holders of United States intellectual property rights as a result of direct or indirect violations of such intellectual property rights in the People’s Republic of China or by any Chinese person, including governmental entities of China, in the preceding calendar year.
Report— Not later than 120 days after the date of the enactment of this Act, and annually thereafter, the United States Trade Representative shall submit to Congress a report that contains the results of the study conducted pursuant to subsection (a).
Sec. 1603 Imposition of duties on merchandise from China and distribution of proceeds of such duties to holders of certain United States intellectual property rights
Notwithstanding any other provision of law, the President, acting through the United States Trade Representative, shall impose duties on merchandise originating from China in an amount equivalent to—
the estimated total loss of revenue to holders of United States intellectual property rights as a result of violations of such intellectual property rights in China during the previous calendar year, as determined by the study conducted pursuant to section 1602(a), reduced by
the total amount of any tariffs collected, pursuant to section 301 of the Trade Act of 1974 (19 U.S.C. 2411) or any other provision of law authorizing the President to act to safeguard intellectual property rights, with respect to such violations in such previous calendar year.
Sec. 1604 Compensation for losses borne by holders of United States intellectual property rights
Establishment of trust fund— There is established in the Treasury of the United States a trust fund, to be known as the “American IPR Trust Fund” (in this section referred to as the “Trust Fund”), consisting of such amounts as may be deposited to the Trust Fund pursuant to subsection (b) to be used, in accordance with subsection (c), for the purpose of compensating the injury to holders of United States intellectual property rights resulting from violations of such intellectual property rights in China or by any Chinese person, including governmental entities of China.
Funding— The Commissioner of U.S. Customs and Border Patrol shall deposit into the Trust Fund any amounts collected from duties imposed pursuant to section 1603, which shall remain available until expended for the purpose described in subsection (a).
Distribution of Funds—
In general— From amounts in the Trust Fund, the Commissioner of U.S. Customs and Border Patrol shall make payments annually to each person the Commissioner determines, with respect to the preceding calendar year—
was—
if an individual, a citizen or legal permanent resident of the United States; or
if an entity, organized under the laws of the United States or any subdivision of the United States;
held the rights to intellectual property under the laws of the United States; and
can establish quantifiable losses resulting from the violation, directly or indirectly, of such rights in China or by any Chinese person, including governmental entities of China, during such year.
Maximum payment— The Commissioner may not make a payment under this subsection to any person for any year in an amount that is greater than the amount of the loss described in paragraph (1)(C) established with respect to such person in such year.
Consultation— The Commissioner shall consult with the United States Trade Representative and the Secretary of Commerce in issuing such regulations as may be necessary to carry out this title.
XVII Sunset Act
Sec. 1701 Short title
This title may be cited as the “Sunset Act of 2020”.
Sec. 1702 Congressional review of agency rulemaking
Chapter 8 of title 5, United States Code, is amended to read as follows:
“8 Congressional Review of Agency Rulemaking
“801. Congressional review
“(a)
“(1)
“(A) Beginning on the date that is 3 months after the date of enactment of this section and every 3 months thereafter, each agency shall submit to each House of the Congress and to the Comptroller General a report including each rule made by that agency during that 3-month period, containing—
“(i) a copy of each such rule;
“(ii) a concise general statement relating to the rule;
“(iii) a list of any other related regulatory actions intended to implement the same statutory provision or regulatory objective as well as the individual and aggregate economic effects of those actions; and
“(iv) the proposed effective date of the rule.
“(B) No rule may take effect before the submission of a report under subparagraph (A) that includes that rule.
“(C) On the date of the submission of the report under subparagraph (A), the Federal agency promulgating each rule included in the report shall submit to the Comptroller General and make available to each House of Congress—
“(i) a complete copy of the cost-benefit analysis of the rule, if any;
“(ii) the agency’s actions pursuant to title 5 of the United States Code, sections 603, 604, 605, 607, and 609;
“(iii) the agency’s actions pursuant to title 2 of the United States Code, sections 1532, 1533, 1534, and 1535; and
“(iv) any other relevant information or requirements under any other Act and any relevant Executive orders.
“(D) Upon receipt of a report submitted under subparagraph (A), each House shall provide copies of the report to the chairman and ranking member of each standing committee with jurisdiction under the rules of the House of Representatives or the Senate to report a bill to amend the provision of law under which each rule included in the report is issued.
“(2)
“(A) The Comptroller General shall provide a report on each rule to the committees of jurisdiction by the end of 15 calendar days after the submission or publication date as provided in section 802(b)(2). The report of the Comptroller General shall include an assessment of the agency’s compliance with procedural steps required by paragraph (1)(C).
“(B) Federal agencies shall cooperate with the Comptroller General by providing information relevant to the Comptroller General’s report under subparagraph (A).
“(3) A rule included in a report submitted under paragraph (1) shall take effect upon enactment of a joint resolution of approval described in section 802 or as provided for in the rule following enactment of a joint resolution of approval described in section 802, whichever is later.
“(4) If a joint resolution of approval relating to a rule is not enacted within the period provided in subsection (b)(2), then a joint resolution of approval relating to the same rule may not be considered under this chapter in the same Congress by either the House of Representatives or the Senate.
“(b)
“(1) A rule shall not take effect unless the Congress enacts a joint resolution of approval described under section 802.
“(2) If a joint resolution described in subsection (a) is not enacted into law by the end of 70 session days or legislative days, as applicable, beginning on the date on which the report referred to in section 801(a)(1)(A) is received by Congress (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress), then each rule described in that resolution shall be deemed not to be approved and such rule shall not take effect.
“(3) Such a rule may not be reissued in substantially the same form, and a new rule that is substantially the same as such a rule may not be issued, unless the reissued or new rule is specifically authorized by a law enacted after the date described in this subsection.
“(c)
“(1) Notwithstanding any other provision of this section (except subject to paragraph (3)), a rule may take effect for one 90-calendar-day period if the President makes a determination under paragraph (2) and submits written notice of such determination to the Congress.
“(2) Paragraph (1) applies to a determination made by the President by Executive order that the rule should take effect because such rule is—
“(A) necessary because of an imminent threat to health or safety or other emergency;
“(B) necessary for the enforcement of criminal laws;
“(C) necessary for national security; or
“(D) issued pursuant to any statute implementing an international trade agreement.
“(3) An exercise by the President of the authority under this subsection shall have no effect on the procedures under section 802.
“(d)
“(1) In addition to the opportunity for review otherwise provided under this chapter, in the case of any rule included in a report submitted in accordance with subsection (a)(1)(A) during the period beginning on the date occurring—
“(A) in the case of the Senate, 60 session days, or
“(B) in the case of the House of Representatives, 60 legislative days,
“(2)
“(A) In applying section 802 for purposes of such additional review, a rule described under paragraph (1) shall be treated as though—
“(i) such rule were published in the Federal Register on—
“(I) in the case of the Senate, the 15th session day, or
“(II) in the case of the House of Representatives, the 15th legislative day,
“(ii) a report on such rule were submitted to Congress under subsection (a)(1) on such date.
“(B) Nothing in this paragraph shall be construed to affect the requirement under subsection (a)(1) that a report shall be submitted to Congress before a rule can take effect.
“(3) A rule described under paragraph (1) shall take effect as otherwise provided by law (including other subsections of this section).
“802. Congressional approval procedure for rules
“(a) For purposes of this section, the term joint resolution means only a joint resolution introduced on or after the date on which the report referred to in section 801(a)(1)(A) is received by Congress (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress), the matter after the resolving clause of which is as follows: “That Congress approves the rules submitted by the __ relating to __.” (The blank spaces being appropriately filled in).
“(1) In the House, the majority leader of the House of Representatives (or his designee) and the minority leader of the House of Representatives (or his designee) shall introduce such joint resolution described in subsection (a) (by request), within 3 legislative days after Congress receives the report referred to in section 801(a)(1)(A).
“(2) In the Senate, the majority leader of the Senate (or his designee) and the minority leader of the Senate (or his designee) shall introduce such joint resolution described in subsection (a) (by request), within 3 session days after Congress receives the report referred to in section 801(a)(1)(A).
“(b)
“(1) A joint resolution described in subsection (a) shall be referred to the committees in each House of Congress with jurisdiction under the rules of the House of Representatives or the Senate to report a bill to amend the provision of law under which the rule is issued.
“(2) For purposes of this section, the term submission date means the date on which the Congress receives the report submitted under section 801(a)(1).
“(c) In the Senate, if the committee or committees to which a joint resolution described in subsection (a) has been referred have not reported it at the end of 15 session days after its introduction, such committee or committees shall be automatically discharged from further consideration of the resolution and it shall be placed on the calendar. A vote on final passage of the resolution shall be taken on or before the close of the 15th session day after the resolution is reported by the committee or committees to which it was referred, or after such committee or committees have been discharged from further consideration of the resolution.
“(d)
“(1) In the Senate, when the committee or committees to which a joint resolution is referred have reported, or when a committee or committees are discharged (under subsection (c)) from further consideration of a joint resolution described in subsection (a), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for a motion to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the joint resolution shall remain the unfinished business of the Senate until disposed of.
“(2) In the Senate, debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion to further limit debate is in order and not debatable. It shall be in order to consider any amendment that provides for specific conditions on which the approval of a particular rule included in the joint resolution is contingent.
“(3) In the Senate, immediately following the conclusion of the debate on a joint resolution described in subsection (a), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, the vote on final passage of the joint resolution shall occur.
“(4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution described in subsection (a) shall be decided without debate.
“(e)
“(1) In the House of Representatives, if the committee or committees to which a joint resolution described in subsection (a) has been referred have not reported it at the end of 15 legislative days after its introduction, such committee or committees shall be automatically discharged from further consideration of the resolution and it shall be placed on the appropriate calendar. A vote on final passage of the resolution shall be taken on or before the close of the 15th legislative day after the resolution is reported by the committee or committees to which it was referred, or after such committee or committees have been discharged from further consideration of the resolution.
“(2)
“(A) A motion in the House of Representatives to proceed to the consideration of a resolution shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to.
“(B) Debate in the House of Representatives on a resolution shall be limited to not more than two hours, which shall be divided equally between those favoring and those opposing the resolution. A motion to further limit debate shall not be debatable. Amendments to the resolution shall be in order. No motion to recommit the resolution shall be in order. It shall be in order to consider any amendment that provides for specific conditions on which the approval of a particular rule included in the joint resolution is contingent.
“(C) Motions to postpone, made in the House of Representatives with respect to the consideration of a resolution, and motions to proceed to the consideration of other business, shall be decided without debate.
“(D) All appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to a resolution shall be decided without debate.
“(f) If, before the passage by one House of a joint resolution of that House described in subsection (a), that House receives from the other House a joint resolution described in subsection (a), then the following procedures shall apply with respect to a joint resolution described in subsection (a) of the House receiving the joint resolution—
“(1) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but
“(2) the vote on final passage shall be on the joint resolution of the other House.
“(g) This section is enacted by Congress—
“(1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution described in subsection (a), and it supersedes other rules only to the extent that it is inconsistent with such rules; and
“(2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.
“803. Definitions
“For purposes of this chapter—
“(1) The term Federal agency means any agency as that term is defined in section 551(1).
“(2) The term rule has the meaning given such term in section 551, except that such term does not include—
“(A) any rule of particular applicability, including a rule that approves or prescribes for the future rates, wages, prices, services, or allowances therefore, corporate or financial structures, reorganizations, mergers, or acquisitions thereof, or accounting practices or disclosures bearing on any of the foregoing;
“(B) any rule relating to agency management or personnel; or
“(C) any rule of agency organization, procedure, or practice that does not substantially affect the rights or obligations of non-agency parties.
“804. Judicial review
“(a) No determination, finding, action, or omission under this chapter shall be subject to judicial review.
“(b) Notwithstanding subsection (a), a court may determine whether a Federal agency has completed the necessary requirements under this chapter for a rule to take effect.
“805. Exemption for monetary policy
“Nothing in this chapter shall apply to rules that concern monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee.
“806. Review of rules currently in effect
“(a) Annual review—Beginning on the date that is 6 months after the date of enactment of this section and annually thereafter for the 9 years following, each agency shall designate not less than 10 percent of eligible rules made by that agency for review, and shall submit a report including each such eligible rule in the same manner as a report under section 801(a)(1). Section 801 and section 802 shall apply to each such rule, subject to subsection (c) of this section. No eligible rule previously designated may be designated again.
“(b) Sunset for eligible rules not extended—Beginning after the date that is 10 years after the date of enactment of this section, if Congress has not enacted a joint resolution of approval for that eligible rule, that eligible rule shall not continue in effect.
“(c) Consolidation; severability—In applying sections 801 and 802 to eligible rules under this section, the following shall apply:
“(1) The words “take effect” shall be read as “continue in effect”.
“(2) Except as provided in paragraph (3), a single joint resolution of approval shall apply to all eligible rules in a report designated for a year, and the matter after the resolving clause of that joint resolution is as follows: “That Congress approves the rules submitted by the __ for the year __.” (The blank spaces being appropriately filled in).
“(3) It shall be in order to consider any amendment that provides for specific conditions on which the approval of a particular eligible rule included in the joint resolution is contingent.
“(4) A member of either House may move that a separate joint resolution be required for a specified rule.
“(d) Definition—In this section, the term “eligible rule” means a rule that is in effect as of the date of enactment of this section.
“807. Sunset for rules
“(a) Expiration of rule
“(1) In general—Except as provided in this section, each rule made by an agency shall cease to have effect—
“(A) beginning on the date that is 10 years after the date of enactment of a joint resolution of approval with regard to the rule; or
“(B) if a joint resolution of extension described in subsection (d) has been enacted with regard to the rule, beginning on the date that is 10 years after the date of enactment of the most recently enacted such joint resolution.
“(2) Reissuance of the rule prohibited—The rule may not be reissued in substantially the same form, and a new rule that is substantially the same as such a rule may not be issued, unless the reissued or new rule is specifically authorized by a law enacted after the date described in this subsection (a).
“(b) Report by agency—Not later than 180 days before the date described in subsection (a), the agency shall submit a report similar to the report described in section 801(a)(1)(A) to each House of Congress and to the Comptroller General, except that instead of the proposed effective date, such report shall contain the date described in subsection (a).
“(c) Exemption by President—The President may by Executive order exempt a rule from the application of subsection (a) for a period of not more than 10 years if the President determines, and submits to Congress written notice of such determination, that such rule is—
“(1) necessary because of an imminent threat to health or safety or other emergency;
“(2) necessary for the enforcement of criminal laws;
“(3) necessary for national security; or
“(4) issued pursuant to any statute implementing an international trade agreement.
“(d) Joint resolution of extension
“(1) Joint resolution described—For purposes of this section, the term joint resolution means only a joint resolution introduced on or after the date on which the report referred to subsection (b) is received by Congress (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress), the matter after the resolving clause of which is as follows: “That Congress extends the rule submitted by the _ _ relating to _ _.” (The blank spaces being appropriately filled in). The following shall apply to such a joint resolution:
“(A) In the House, the majority leader of the House of Representatives (or his designee) and the minority leader of the House of Representatives (or his designee) shall introduce such joint resolution (by request), within 3 legislative days after Congress receives the report submitted under subsection (b).
“(B) In the Senate, the majority leader of the Senate (or his designee) and the minority leader of the Senate (or his designee) shall introduce such joint resolution described in subsection (a) (by request), within 3 session days after Congress receives the report submitted under subsection (b).
“(2) Consideration of joint resolution—Subsections (b) through (g) of section 802 shall apply to a joint resolution described in paragraph (1) of this subsection in the same manner as a joint resolution described in subsection (a) of section 802, except that for purposes of that subsection, the term “submission date” means the date on which the Congress receives the report submitted under subsection (b).”
XVIII Illegal Deduction Elimination
Sec. 1801 Short title
Sec. 1802 Clarification that wages paid to unauthorized aliens may not be deducted from gross income
In general— Subsection (c) of section 162 of the Internal Revenue Code of 1986 (relating to illegal bribes, kickbacks, and other payments) is amended by adding at the end the following new paragraph:
“(4) Wages paid to or on behalf of unauthorized aliens
“(A) In general—No deduction shall be allowed under subsection (a) for any wage paid to or on behalf of an unauthorized alien, as defined under section 274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)).
“(B) Wages—For the purposes of this paragraph, the term wages means all remuneration for employment, including the cash value of all remuneration (including benefits) paid in any medium other than cash.
“(C) Safe Harbor—If a person or other entity is participating in the E–Verify Program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) and obtains confirmation of identity and employment eligibility in compliance with the terms and conditions of the program with respect to the hiring (or recruitment or referral) of an employee, subparagraph (A) shall not apply with respect to wages paid to such employee.
“(D) Burden of proof—In the case of any examination of a return in connection with a deduction under this section by reason of this paragraph, the Secretary shall bear the burden of proving that wages were paid to or on behalf of an unauthorized alien.
“(E) Limitation on taxpayer audit—The Secretary may not commence an audit or other investigation of a taxpayer solely on the basis of a deduction taken under this section by reason of this paragraph.”
Six-Year limitation on assessment and collection— Subsection (c) of section 6501 of the Internal Revenue Code of 1986 (relating to exceptions) is amended by adding at the end the following new paragraph:
“(12) Deduction claimed for wages paid to unauthorized aliens—In the case of a return of tax on which a deduction is shown in violation of section 162(c)(4), any tax under chapter 1 may be assessed, or a proceeding in court for the collection of such tax may be begun without assessment, at any time within 6 years after the return was filed.”
Use of documentation for enforcement purposes— Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is amended—
in subparagraph (b)(5), by inserting “, section 162(c)(4) of the Internal Revenue Code of 1986,” after “enforcement of this Act”;
in subparagraph (d)(2)(F), by inserting “, section 162(c)(4) of the Internal Revenue Code of 1986,” after “enforcement of this Act”; and
in subparagraph (d)(2)(G), by inserting “section 162(c)(4) of the Internal Revenue Code of 1986 or” after “or enforcement of”.
Availability of information—
In general— The Commissioner of Social Security, the Secretary of the Department of Homeland Security, and the Secretary of the Treasury, shall jointly establish a program to share information among such agencies that may or could lead to the identification of unauthorized aliens (as defined under section 274A(h)(3) of the Immigration and Nationality Act), including any no-match letter, any information in the earnings suspense file, and any information in the investigation and enforcement of section 162(c)(4) of the Internal Revenue Code of 1986.
Disclosure by Secretary of the Treasury—
In general— Subsection (i) of section 6103 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:
“(9) Payment of wages to unauthorized aliens—Upon request from the Commissioner of the Social Security Administration or the Secretary of the Department of Homeland Security, the Secretary shall disclose to officers and employees of such Administration or Department—
“(A) taxpayer identity information of employers who paid wages with respect to which a deduction was not allowed by reason of section 162(c)(4), and
“(B) taxpayer identity information of individuals to whom such wages were paid,”
Recordkeeping— Paragraph (4) of section 6103(p) of such Code is amended—
by striking “(5), or (7)” in the matter preceding subparagraph (A) and inserting “(5), (7), or (9)”, and
by striking “(5) or (7)” in subparagraph (F)(ii) and inserting “(5), (7), or (9)”.
Effective date—
Except as provided in paragraph (2), this title and the amendments made by this title shall take effect on the date of the enactment of this Act.
The amendments made by subsections (a) and (b) shall apply to taxable years beginning after December 31, 2018.
Sec. 1803 Modification of E–Verify Program
Making permanent— Subsection (b) of section 401 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended by striking the last sentence.
Application to current employees—
Voluntary election— The first sentence of section 402(a) of such Act is amended to read as follows: “Any person or other entity that conducts any hiring (or recruitment or referral) in a State or employs any individuals in a State may elect to participate in the E–Verify Program.”.
Benefit of rebuttable presumption— Paragraph (1) of section 402(b) of such Act is amended by adding at the end the following: “If a person or other entity is participating in the E–Verify Program and obtains confirmation of identity and employment eligibility in compliance with the terms and conditions of the program with respect to individuals employed by the person or entity, the person or entity has established a rebuttable presumption that the person or entity has not violated section 274A(a)(2) with respect to such individuals.”.
Scope of election— Subparagraph (A) of section 402(c)(2) of such Act is amended to read as follows:
“(A) In general—Any electing person or other entity may provide that the election under subsection (a) shall apply (during the period in which the election is in effect)—
“(i) to all its hiring (and all recruitment or referral);
“(ii) to all its hiring (and all recruitment or referral and all individuals employed by the person or entity);
“(iii) to all its hiring (and all recruitment or referral) in one or more States or one or more places of hiring (or recruitment or referral, as the case may be); or
“(iv) to all its hiring (and all recruitment or referral and all individuals employed by the person or entity) in one or more States or one or more place of hiring (or recruitment or referral or employment, as the case may be).”
Procedures for participants in E–Verify Program— Subsection (a) of section 403 of such Act is amended—
in the matter preceding paragraph (1), by inserting “or continued employment in the United States” after “United States”; and
in paragraph (3)—
in subparagraph (A), by striking all that follows “(as specified by the Secretary of Homeland Security)” and inserting “after the date of the hiring, or recruitment or referral, in the case of inquiries made pursuant to a hiring, recruitment or referral (and not of previously hired individuals).”; and
in subparagraph (B), by striking “such 3 working days” and inserting “the specified period”.
Application to job applicants— Section 402(c)(2) of such Act is amended by adding at the end the following:
“(C) Job offer may be made conditional on final confirmation by E–Verify—A person or other entity that elects to participate in the E–Verify Program may offer a prospective employee an employment position conditioned on final verification of the identity and employment eligibility of the employee using the employment eligibility confirmation system established under section 404.”
XIX English Language Unity
Sec. 1901 Short title
This title may be cited as the “English Language Unity Act of 2020”.
Sec. 1902 Findings
The Congress finds and declares the following:
The United States is composed of individuals from diverse ethnic, cultural, and linguistic backgrounds, and continues to benefit from this rich diversity.
Throughout the history of the United States, the common thread binding individuals of differing backgrounds has been the English language.
Among the powers reserved to the States respectively is the power to establish the English language as the official language of the respective States, and otherwise to promote the English language within the respective States, subject to the prohibitions enumerated in the Constitution of the United States and in laws of the respective States.
Sec. 1903 English as official language of the United States
In general— Title 4, United States Code, is amended by adding at the end the following new chapter:
“6 Official language
“161. Official language of the United States
“The official language of the United States is English.
“162. Preserving and enhancing the role of the official language
“Representatives of the Federal Government shall have an affirmative obligation to preserve and enhance the role of English as the official language of the Federal Government. Such obligation shall include encouraging greater opportunities for individuals to learn the English language.
“163. Official functions of Government to be conducted in English
“(a) Official functions—The official functions of the Government of the United States shall be conducted in English.
“(b) Scope—For the purposes of this section, the term United States means the several States and the District of Columbia, and the term official refers to any function that (i) binds the Government, (ii) is required by law, or (iii) is otherwise subject to scrutiny by either the press or the public.
“(c) Practical effect—This section shall apply to all laws, public proceedings, regulations, publications, orders, actions, programs, and policies, but does not apply to—
“(1) teaching of languages;
“(2) requirements under the Individuals with Disabilities Education Act;
“(3) actions, documents, or policies necessary for national security, international relations, trade, tourism, or commerce;
“(4) actions or documents that protect the public health and safety;
“(5) actions or documents that facilitate the activities of the Bureau of the Census in compiling any census of population;
“(6) actions that protect the rights of victims of crimes or criminal defendants; or
“(7) using terms of art or phrases from languages other than English.
“164. Uniform English language rule for naturalization
“(a) Uniform language testing standard—All citizens should be able to read and understand generally the English language text of the Declaration of Independence, the Constitution, and the laws of the United States made in pursuance of the Constitution.
“(b) Ceremonies—All naturalization ceremonies shall be conducted in English.
“165. Rules of construction
“Nothing in this chapter shall be construed—
“(1) to prohibit a Member of Congress or any officer or agent of the Federal Government, while performing official functions, from communicating unofficially through any medium with another person in a language other than English (as long as official functions are performed in English);
“(2) to limit the preservation or use of Native Alaskan or Native American languages (as defined in the Native American Languages Act);
“(3) to disparage any language or to discourage any person from learning or using a language; or
“(4) to be inconsistent with the Constitution of the United States.
“166. Standing
“A person injured by a violation of this chapter may in a civil action (including an action under chapter 151 of title 28) obtain appropriate relief.”
Clerical amendment— The table of chapters at the beginning of title 4, United States Code, is amended by inserting after the item relating to chapter 5 the following new item:
Sec. 1904 General rules of construction for English language texts of the laws of the United States
In general— Chapter 1 of title 1, United States Code, is amended by adding at the end the following new section:
“9. General rules of construction for laws of the United States
“(a) English language requirements and workplace policies, whether in the public or private sector, shall be presumptively consistent with the laws of the United States.
“(b) Any ambiguity in the English language text of the laws of the United States shall be resolved, in accordance with the last two articles of the Bill of Rights, not to deny or disparage rights retained by the people, and to reserve powers to the States respectively, or to the people.”
Clerical amendment— The table of sections at the beginning of chapter 1 of title 1 is amended by inserting after the item relating to section 8 the following new item:
Sec. 1905 Implementing regulations
The Secretary of Homeland Security shall, within 180 days after the date of enactment of this Act, issue for public notice and comment a proposed rule for uniform testing of English language ability of candidates for naturalization, based upon the principles that—
all citizens should be able to read and understand generally the English language text of the Declaration of Independence, the Constitution, and the laws of the United States which are made in pursuance thereof; and
any exceptions to this standard should be limited to extraordinary circumstances, such as asylum.
Sec. 1906 Effective date
The amendments made by sections 1903 and 1904 shall take effect on the date that is 180 days after the date of the enactment of this Act.
XX Davis-Bacon Repeal
Sec. 2001 Short title
This title may be cited as the “Davis-Bacon Repeal Act”.
Sec. 2002 Repeal of Davis-Bacon wage requirements
Sec. 2003 Effective date and limitation
The amendment made by section 2002 shall take effect 30 days after the date of the enactment of this Act but shall not affect any contract in existence on such date of enactment or made pursuant to invitation for bids outstanding on such date of enactment.
XXI Census Accuracy
Sec. 2101 Short title
This title may be cited as the “Census Accuracy Act of 2020”.
Sec. 2102 Citizenship or lawful presence status on census questionnaires
Section 141 of title 13, United States Code, is amended—
by redesignating subsection (g) as subsection (h); and
by inserting after subsection (f) the following:
“(g) In conducting the 2020 decennial census and each decennial census thereafter, the Secretary shall include in any questionnaire distributed or otherwise used for the purpose of determining the total population by States—
“(1) a checkbox or other similar option for respondents to indicate whether the respondent is a citizen or national of the United States, is lawfully admitted for permanent residence in the United State, is an alien who otherwise has lawful status under the immigration laws, or none of these; and
“(2) in connection with the option relating to status under the immigration laws, a question regarding which Federal program or provision of law accorded the respondent such status.”
XXII Truth in Employment
Sec. 2201 Short title
This title may be cited as the “Truth in Employment Act of 2020”.
Sec. 2202 Findings and purpose
Findings— Congress finds the following:
An atmosphere of trust and civility in labor-management relationships is essential to a productive workplace and a healthy economy.
The tactic of using professional union organizers and agents to infiltrate a targeted employer’s workplace, a practice commonly referred to as “salting” has evolved into an aggressive form of harassment not contemplated when the National Labor Relations Act was enacted and threatens the balance of rights which is fundamental to collective bargaining.
Increasingly, union organizers are seeking employment with nonunion employers not because of a desire to work for such employers but primarily to organize the employees of such employers or to inflict economic harm specifically designed to put nonunion competitors out of business, or to do both.
While no employer may discriminate against employees based upon the views of employees concerning collective bargaining, an employer should have the right to expect job applicants to be primarily interested in utilizing the skills of the applicants to further the goals of the business of the employer.
Purposes— The purposes of this title are—
to preserve the balance of rights between employers, employees, and labor organizations which is fundamental to collective bargaining;
to preserve the rights of workers to organize, or otherwise engage in concerted activities protected under the National Labor Relations Act; and
to alleviate pressure on employers to hire individuals who seek or gain employment in order to disrupt the workplace of the employer or otherwise inflict economic harm designed to put the employer out of business.
Sec. 2203 Protection of employer rights
Section 8(a) of the National Labor Relations Act (29 U.S.C. 158(a)) is amended by adding after and below paragraph (5) the following:
XXIII E-bonding for Immigration Integrity
Sec. 2301 Short title
This title may be cited as the “E-bonding for Immigration Integrity Act of 2020”.
Sec. 2302 Requirement of bond
Bond required— Prior to arriving at a port of entry of the United States, an alien seeking admission to the United States shall post a bond, in accordance with subsection (d), in an amount determined by the Secretary if such alien seeks admission to the United States as a nonimmigrant in a category—
described under subparagraph (B), (F), (H)(i)(b), (H)(ii)(b), or (K) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)); or
identified by the Secretary, in accordance with section 2303, to have a visa overstay rate that is more than 1.5 percent.
Amount of bond— Not later than 1 year after the date of the enactment of this section, the Secretary shall, by rule, establish the amount of the bond required by subsection (a) for each visa category under subsection (a)(1) and each visa category identified by the Secretary under section 2303, which amount shall—
be not less than $2,500 and not more than $10,000; and
be determined based on the Secretary’s assessment of the level of risk of visa overstays for that category.
Adjustment of amount of bond— On an annual basis, the Secretary shall review, and, as appropriate, adjust the amounts of the bonds described in subsection (b).
Payment of bond— An alien required to post the bond under subsection (a) shall post such bond—
in electronic form; and
with a bonding agent designated by the Secretary as qualified to hold such bond.
Release of bond— The Secretary shall authorize a bonding agent to release a bond—
to an alien required to post such bond—
after receiving a notification from the United States embassy or consulate in the alien’s country of origin that such alien departed the United States and returned to such country of origin; or
if such alien changed or adjusted their status to an immigration status not required to post a bond under this section; and
to the E-bond Enforcement Fund under section 2304 upon a determination by the Secretary that an alien—
overstayed their visa; or
did not return to their country of origin following the termination of their visa.
Change of status— An alien who has been admitted to the United States and who is required to post a bond under subsection (a) may be required to post an additional bond if such alien changes their status to that of a nonimmigrant in a category required to pay a higher bond under this section.
Collection of records relating to bonds— The United States Embassy or United States consular office in the alien’s country of origin shall collect any records necessary to carry out this section.
Effective date— This section shall take effect on the date that is 120 calendar days after the date of the enactment of this Act.
Sec. 2303 Visa overstay rate categories
The Secretary shall identify—
the visa overstay rate for each category of nonimmigrant aliens described under section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) in the previous year; and
each category of nonimmigrant aliens described under such section that had a visa overstay rate in the previous year that was more than 1.5 percent.
Sec. 2304 E-bond Enforcement Fund
In general— There is established in the general fund of the Treasury a separate account, which shall be known as the “E-bond Enforcement Fund” (in this subsection referred to as the “Fund”).
Deposits— There shall be deposited as offsetting receipts into the Fund all amounts released under section 2302(e)(2) of this title.
Use of amounts— Amounts deposited into the Fund shall remain available until expended and shall be refunded out of the Fund by the Secretary of the Treasury, to the Secretary of Homeland Security to—
ensure compliance with this title; and
administer enforcement programs.
Sec. 2305 Report
Not later than 120 days after the date of the enactment of this Act, and each year thereafter, the Secretary shall submit to the committees of appropriate jurisdiction a report that includes—
the visa overstay rate for each category of nonimmigrant alien described under section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) in the previous year;
the categories that had a visa overstay rate in the previous year that was more than 1.5 percent, as determined by the Secretary in accordance with section 2303;
the amounts of the bonds, as determined by the Secretary in accordance with section 2302;
information relating to the Fund under section 2304; and
any other information determined appropriate by the Secretary.
Sec. 2306 Definitions
In this title:
Committees of appropriate jurisdiction— The term “committees of appropriate jurisdiction” means—
the Committee on the Judiciary of the House of Representatives;
the Committee on the Judiciary of the Senate;
the Committee on Homeland Security of the House of Representatives; and
the Committee on Homeland Security and Governmental Affairs of the Senate.
Secretary— The term “Secretary” means the Secretary of Homeland Security, unless otherwise provided.
Visa overstay rate— The term “visa overstay rate” means the ratio of, for each category of nonimmigrant aliens described in section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(15))—
the number of aliens admitted to the United States for each such category whose period of authorized stays ended during a fiscal year but who remained unlawfully in the United States beyond such period; to
the total number of aliens admitted to the United States for each such category during that fiscal year.
XXIV Restoring Maximum Mobility to Our Nation’s Veterans
Sec. 2401 Short title
This title may be cited as the “Restoring Maximum Mobility to Our Nation’s Veterans Act of 2020”.
Sec. 2402 Wheelchairs for veterans with service-connected disabilities
Definition— Section 1701 of title 38, United States Code, is amended by adding at the end the following new paragraph:
“(11) The term “wheelchair” includes enhanced power wheelchairs, multi-environmental wheelchairs, track wheelchairs, stair-climbing wheelchairs, and other power-driven mobility devices.”
Enhanced wheelchairs— Section 1712(c) of title 38, United States Code, is amended—
by striking “Dental” and inserting “(1) Dental”;
by striking “section” and inserting “title”; and
by adding at the end the following new paragraph:
“(2) The Secretary shall ensure that each wheelchair, furnished under this title to a veteran because of a service-connected disability, restores the maximum achievable mobility and function in the activities of daily life, employment, and recreation. The Secretary may furnish a wheelchair to a veteran because the wheelchair restores an ability that relates exclusively to participation in a recreational activity.”
XXV End Sanctuaries and Help Our American Homeless and Veterans
Sec. 2501 Short title
Sec. 2502 Findings
The Congress finds as follows:
According to United States law, found at section 274 of the Immigration and Nationality Act (8 U.S.C. 1324), it is illegal to bring or harbor illegal immigrants in our Nation.
In contravention of this law, cities, counties, parishes, other political subdivisions, and States in our Nation have adopted policies specifically oriented to bring in, harbor, and even attract illegal aliens into their jurisdictions.
Although the Federal Government, and specifically the Congress of the United States, is constitutionally charged with establishing “an uniform Rule of Naturalization”, in certain cases States and political subdivisions, including cities, have been assuming the role of immigration authorities, clearly in violation of both the Constitution and Federal statute.
Historically, the Federal Government has proven lackadaisical about enforcing its sole jurisdiction in the serious matter of illegal immigration and taking action against those jurisdictions that knowingly or recklessly disregard the Rule of Law to conceal, harbor, attempt to, or actually shield from detection, such illegal aliens, or that prohibit their officers from gathering information for, or cooperating with, Federal officials.
In these wanton acts, such jurisdictions break the law that its citizens are held to, violate the trust of the taxpayers who are already charged with a $22 trillion dollar Government debt that grows daily, and—perhaps worst—subject those they should protect and serve to death by deliberate murderous acts and traffic accidents by those who should not be in the country at all.
In this way, such jurisdictions aid and abet American deaths that are 100 percent preventable.
Such tragic, preventable American deaths have been suffered by “Angel Families” who have lost spouses, sons, daughters, grandchildren, parents, and grandparents at the hands of illegal aliens.
These families are left to suffer deaths that should not have been, according to the law of the land, while too often complicit public officials, cities, States, and the Federal Government are not held accountable.
Meanwhile, our Nation’s American homeless and veterans are too often left out in the cold, without the basic necessities and care that they need and deserve as citizens of this country.
Our American homeless and veterans must be prioritized and cared for by law and in fact.
Jurisdictions’ responsibilities must be taken seriously, and never aid and abet, violations of immigration law.
These are dual injustices that the law, as is, dictates must end.
Sec. 2503 Treatment of sanctuary jurisdictions
Definition— In this section, the term “sanctuary jurisdiction” means a State or any political subdivision of a State that the Attorney General determines has in effect a statute, ordinance, policy, or practice that prohibits or in any way restricts, a Federal, State, or local government entity, official, or other personnel from—
complying with the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))), or from assisting or cooperating with Federal law enforcement entities, officials, or other personnel regarding the enforcement of these laws; or
undertaking any of the following law enforcement activities as they relate to information regarding the citizenship or immigration status, lawful or unlawful, the inadmissibility or deportability, or the custody status, of any individual:
Making inquiries to any individual in order to obtain such information regarding such individual or any other individuals.
Notifying the Federal Government regarding the presence of individuals who are encountered by law enforcement officials or other personnel of a State or political subdivision of a State.
Complying with requests for such information from Federal law enforcement entities, officials, or other personnel.
Complying with detainers.
Ineligibility of sanctuary jurisdictions for Federal funds—
States— No sanctuary jurisdiction that is a State may be allocated or receive any Federal financial assistance (as such term is defined in section 7501(a)(5) of title 31, United States Code).
Political subdivisions— No sanctuary jurisdiction that is a political subdivision of a State may be allocated or receive any funds made available to the Attorney General, including those made available from the account “Department of Justice—Office of Justice Programs—State and Local Law Enforcement Assistance”.
Sovereign immunity— Each State and political subdivision of a State shall, as a condition on receipt of any Federal financial assistance (as such term is defined in section 7501(a)(5) of title 31, United States Code), waive the sovereign immunity of the State or political subdivision with respect to actions authorized under section 2504.
Reallocation of funds— Notwithstanding any other provision of law, any funds not allocated to a sanctuary jurisdiction from the account “Department of Justice—Office of Justice Programs—State and Local Law Enforcement Assistance” pursuant to this subsection shall be made available for activities carried out under the Justice and Mental Health Collaboration Program of the Office of Justice Programs of the Department of Justice, to reduce homelessness in order to improve outcomes for individuals with mental illnesses or co-occurring mental health and substance abuse disorders who encounter the justice system, thereby reducing mental health disorders and homelessness among our citizens.
Sec. 2504 Private right of action
Cause of action— Any individual, or a spouse, parent, or child of that individual (if the individual is deceased), who is the victim of a murder, rape, or any felony, as defined by the State, for which an alien (as defined in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3))) has been convicted and sentenced to a term of imprisonment of at least 1 year, may bring an action against a State or political subdivision of a State in the appropriate Federal or State court—
if the State or political subdivision released the alien from custody prior to the commission of such crime, and had knowledge that the alien was unlawfully present in the United States; or
the crime was a consequence of the State or political subdivision declining to honor a detainer or warrant issued pursuant to section 287(d)(1) of the Immigration and Nationality Act (8 U.S.C. 1357(d)(1)).
Application— Subject to subsection (c), subsection (a) shall apply without regard to whether the crime was committed before, on, or after the date of the enactment of this Act.
Limitation on bringing action—
In general— An action brought under this section may not be brought later than 10 years following the occurrence of the crime, or death of a person as a result of such crime, whichever occurs later.
Exception— Paragraph (1) shall not apply to an action brought under this section based on a crime committed before the date of the enactment of this Act.
Attorney’s fees and other costs— In any action or proceeding under this section the court shall allow a prevailing plaintiff a reasonable attorneys' fee as part of the costs, and include expert fees as part of the attorneys' fee.
XXVI Social Security Integrity Act of 2020
Sec. 2601 Short title
This title may be cited as the “Social Security Integrity Act of 2020”.
Sec. 2602 Findings
Congress finds the following:
Individuals can commit various types of fraud against the Government by reporting earnings under deceased individuals’ Social Security Numbers (SSNs).
Various Federal entities rely on the Social Security Administration’s (SSA) death information to detect unreported deaths and verify the accuracy of reported deaths.
The Numident is the SSA’s computer database file on all who have applied for a Social Security number. The Office of the Inspector General (OIG) of the SSA conducted an audit and determined that the SSA did not have controls in place to annotate death information on the Numident records of numberholders who exceeded maximum reasonable life expectancies and were likely deceased.
The OIG identified 34 cases in which it appeared that the deceased numberholder’s name and Social Security Number (SSN) had been misused. In one instance an employer reported paying wages to someone from 2008 through 2012 using a numberholder’s name and SSN that had been born in 1886. SSA payment records indicated that the numberholder died in January 1965, but the SSA did not record the numberholder’s death on the Numident. SSA continued paying benefits to the numberholder’s widow until her death in February 1973. SSA’s Master Earning File (MEF) contained no reported earnings information for this numberholder from 1956 through 2007.
The OIG determined that thousands of the SSNs could have been used to commit identity fraud. For tax years 2006 through 2011, SSA received reports that individuals using 66,920 SSNs had approximately $3.1 billion in wages, tips, and self-employment income. SSA transferred the earnings to the Earnings Suspense File because the employees’ or self-employed individuals’ names on the earnings reports did not match the numberholders’ names.
During calendar years 2008 through 2011, employers made 4,024 E–Verify inquiries using 3,873 SSNs belonging to numberholders born before June 16, 1901. According to the OIG, these inquiries indicate individuals’ attempts to use the SSNs to apply for work.
The OIG determined that resolving these discrepancies will improve the accuracy and completeness of the Death Master File and help prevent future misuse of these SSNs.
The American taxpayer deserves to have the surety of knowing that every agency and department within the Federal Government takes the prudent actions necessary to prevent future fraud and waste of hard-earned dollars.
In 2015, the OIG identified approximately 6.5 million numberholders age 112 or older who did not have death information on the Numident.
Of the 6.5 million cases OIG identified, based on initial review, SSA believed approximately 1.5 million of these individuals were deceased. After further in-depth analysis, SSA posted death information to records for only those cases that passed complex identity matching protocols, and where the most current information indicated the individuals are in fact deceased.
For the remaining 5 million cases, the SSA reports that it does not have sufficient or reliable evidence that these individuals are deceased. However, the SSA also notes that the individuals have never received payments from the SSA; the records are decades old, and are the result of error-prone paper reporting processes; it is possible that, decades ago, SSA incorrectly recorded some dates of birth and that some individuals are much younger than current records indicate; and it would be imprudent to presume death in order to add these cases to the DMF because doing so could result in the inappropriate release of living individuals’ personally identifiable information—an action that has far-reaching and adverse consequences for these individuals.
In line with the OIG’s recommendations, the SSA should take proactive action to fully protect the American taxpayer by ensuring that there are comprehensive controls in place to annotate death information on the Numident records of numberholders who exceeded maximum reasonable life expectancies.
Sec. 2603 Implementation of OIG recommendations
In general— Not later than 3 years after the date of the enactment of this Act, the Commissioner of Social Security shall implement all of the recommendations described in the memorandum from the Office of the Inspector General of the Social Security Administration entitled “Numberholders Age 112 or Older Who Did Not Have a Death Entry on the Numident (A–06–14–34030)” and dated March 4, 2015.
Additional payment to individuals attaining 100 years of age— The Commissioner of Social Security shall make a one-time payment in the amount of $100 to each individual who, according to the records of the Commissioner of Social Security, attains 100 years of age after the date of enactment of this Act and applies for such payment.
Report— Not later than December 31 of each calendar year that begins after the date of the enactment of this Act and ends before the date that is 3 years after such date of enactment, the Commissioner shall submit to the Congress a report on the progress made toward implementation of each of the recommendations described in the memorandum specified in subsection (a), the methods used to implement such recommendations, the amount of funds expended and any other resources utilized to implement such recommendations, and the projected date of full implementation.
XXVII HJ Res 47
XXVIII HJ Res 49
XXIX Protecting Access to Care
Sec. 2901 Short title
This title may be cited as the “Protecting Access to Care Act of 2020”.
Sec. 2902 Encouraging speedy resolution of claims
Statute of limitations—
In general— Except as provided in paragraph (2), the time for the commencement of a health care lawsuit shall be, whichever occurs first of the following:
3 years after the date of the occurrence of the breach or tort;
3 years after the date the medical or health care treatment that is the subject of the claim is completed; or
1 year after the claimant discovers, or through the use of reasonable diligence should have discovered, the injury.
Tolling— In no event shall the time for commencement of a health care lawsuit exceed 3 years after the date of the occurrence of the breach or tort or 3 years after the date the medical or health care treatment that is the subject of the claim is completed (whichever occurs first) unless tolled for any of the following—
upon proof of fraud;
intentional concealment; or
the presence of a foreign body, which has no therapeutic or diagnostic purpose or effect, in the person of the injured person.
Actions by a minor— Actions by a minor shall be commenced within 3 years after the date of the occurrence of the breach or tort or 3 years after the date of the medical or health care treatment that is the subject of the claim is completed (whichever occurs first) except that actions by a minor under the full age of 6 years shall be commenced within 3 years after the date of the occurrence of the breach or tort, 3 years after the date of the medical or health care treatment that is the subject of the claim is completed, or 1 year after the injury is discovered, or through the use of reasonable diligence should have been discovered, or prior to the minor’s 8th birthday, whichever provides a longer period. Such time limitation shall be tolled for minors for any period during which a parent or guardian and a health care provider have committed fraud or collusion in the failure to bring an action on behalf of the injured minor.
State flexibility— No provision of subsection (a) shall be construed to preempt any state law (whether effective before, on, or after the date of the enactment of this Act) that—
specifies a time period of less than 3 years after the date of injury or less than 1 year after the claimant discovers, or through the use of reasonable diligence should have discovered, the injury, for the filing of a health care lawsuit;
that specifies a different time period for the filing of lawsuits by a minor;
that triggers the time period based on the date of the alleged negligence; or
establishes a statute of repose for the filing of health care lawsuit.
Sec. 2903 Compensating patient injury
Unlimited amount of damages for actual economic losses in health care lawsuits— In any health care lawsuit, nothing in this title shall limit a claimant’s recovery of the full amount of the available economic damages, notwithstanding the limitation in subsection (b).
Additional noneconomic damages— In any health care lawsuit, the amount of noneconomic damages, if available, shall not exceed $250,000, regardless of the number of parties against whom the action is brought or the number of separate claims or actions brought with respect to the same injury.
No discount of award for noneconomic damages— For purposes of applying the limitation in subsection (b), future noneconomic damages shall not be discounted to present value. The jury shall not be informed about the maximum award for noneconomic damages. An award for noneconomic damages in excess of $250,000 shall be reduced either before the entry of judgment, or by amendment of the judgment after entry of judgment, and such reduction shall be made before accounting for any other reduction in damages required by law. If separate awards are rendered for past and future noneconomic damages and the combined awards exceed $250,000, the future noneconomic damages shall be reduced first.
Fair share rule— In any health care lawsuit, each party shall be liable for that party’s several share of any damages only and not for the share of any other person. Each party shall be liable only for the amount of damages allocated to such party in direct proportion to such party’s percentage of responsibility. Whenever a judgment of liability is rendered as to any party, a separate judgment shall be rendered against each such party for the amount allocated to such party. For purposes of this section, the trier of fact shall determine the proportion of responsibility of each party for the claimant’s harm.
State flexibility— No provision of this section shall be construed to preempt any State law (whether effective before, on, or after the date of the enactment of this Act) that specifies a particular monetary amount of economic or noneconomic damages (or the total amount of damages) that may be awarded in a health care lawsuit, regardless of whether such monetary amount is greater or lesser than is provided for under this section.
Sec. 2904 Maximizing patient recovery
Court supervision of share of damages actually paid to claimants— In any health care lawsuit, the court shall supervise the arrangements for payment of damages to protect against conflicts of interest that may have the effect of reducing the amount of damages awarded that are actually paid to claimants. In particular, in any health care lawsuit in which the attorney for a party claims a financial stake in the outcome by virtue of a contingent fee, the court shall have the power to restrict the payment of a claimant’s damage recovery to such attorney, and to redirect such damages to the claimant based upon the interests of justice and principles of equity. In no event shall the total of all contingent fees for representing all claimants in a health care lawsuit exceed the following limits:
Forty percent of the first $50,000 recovered by the claimant(s).
Thirty-three and one-third percent of the next $50,000 recovered by the claimant(s).
Twenty-five percent of the next $500,000 recovered by the claimant(s).
Fifteen percent of any amount by which the recovery by the claimant(s) is in excess of $600,000.
Applicability— The limitations in this section shall apply whether the recovery is by judgment, settlement, mediation, arbitration, or any other form of alternative dispute resolution. In a health care lawsuit involving a minor or incompetent person, a court retains the authority to authorize or approve a fee that is less than the maximum permitted under this section. The requirement for court supervision in the first two sentences of subsection (a) applies only in civil actions.
State flexibility— No provision of this section shall be construed to preempt any State law (whether effective before, on, or after the date of the enactment of this Act) that specifies a lesser percentage or lesser total value of damages which may be claimed by an attorney representing a claimant in a health care lawsuit.
Sec. 2905 Authorization of payment of future damages to claimants in health care lawsuits
In general— In any health care lawsuit, if an award of future damages, without reduction to present value, equaling or exceeding $50,000 is made against a party with sufficient insurance or other assets to fund a periodic payment of such a judgment, the court shall, at the request of any party, enter a judgment ordering that the future damages be paid by periodic payments, in accordance with the Uniform Periodic Payment of Judgments Act promulgated by the National Conference of Commissioners on Uniform State Laws.
Applicability— This section applies to all actions which have not been first set for trial or retrial before the effective date of this Act.
State Flexibility— No provision of this section shall be construed to preempt any State law (whether effective before, on, or after the date of the enactment of this Act) that specifies periodic payments for future damages at any amount other than $50,000 or that mandates such payments absent the request of either party.
Sec. 2906 Product liability for health care providers
A health care provider who prescribes, or who dispenses pursuant to a prescription, a medical product approved, licensed, or cleared by the Food and Drug Administration shall not be named as a party to a product liability lawsuit involving such product and shall not be liable to a claimant in a class action lawsuit against the manufacturer, distributor, or seller of such product.
Sec. 2907 Definitions
In this title:
Alternative dispute resolution system; ADR— The term “alternative dispute resolution system” or “ADR” means a system that provides for the resolution of health care lawsuits in a manner other than through a civil action brought in a State or Federal court.
Claimant— The term “claimant” means any person who brings a health care lawsuit, including a person who asserts or claims a right to legal or equitable contribution, indemnity, or subrogation, arising out of a health care liability claim or action, and any person on whose behalf such a claim is asserted or such an action is brought, whether deceased, incompetent, or a minor.
Collateral source benefits— The term “collateral source benefits” means any amount paid or reasonably likely to be paid in the future to or on behalf of the claimant, or any service, product, or other benefit provided or reasonably likely to be provided in the future to or on behalf of the claimant, as a result of the injury or wrongful death, pursuant to—
any State or Federal health, sickness, income-disability, accident, or workers’ compensation law;
any health, sickness, income-disability, or accident insurance that provides health benefits or income-disability coverage;
any contract or agreement of any group, organization, partnership, or corporation to provide, pay for, or reimburse the cost of medical, hospital, dental, or income-disability benefits; and
any other publicly or privately funded program.
Contingent fee— The term “contingent fee” includes all compensation to any person or persons which is payable only if a recovery is effected on behalf of one or more claimants.
Economic damages— The term “economic damages” means objectively verifiable monetary losses incurred as a result of the provision or use of (or failure to provide or use) health care services or medical products, such as past and future medical expenses, loss of past and future earnings, cost of obtaining domestic services, loss of employment, and loss of business or employment opportunities, unless otherwise defined under applicable state law. In no circumstances shall damages for health care services or medical products exceed the amount actually paid or incurred by or on behalf of the claimant.
Future damages— The term “future damages” means any damages that are incurred after the date of judgment, settlement, or other resolution (including mediation, or any other form of alternative dispute resolution).
Health care lawsuit— The term “health care lawsuit” means any health care liability claim concerning the provision of goods or services for which coverage was provided in whole or in part via a Federal program, subsidy or tax benefit, or any health care liability action concerning the provision of goods or services for which coverage was provided in whole or in part via a Federal program, subsidy or tax benefit, brought in a State or Federal court or pursuant to an alternative dispute resolution system, against a health care provider regardless of the theory of liability on which the claim is based, or the number of claimants, plaintiffs, defendants, or other parties, or the number of claims or causes of action, in which the claimant alleges a health care liability claim. Such term does not include a claim or action which is based on criminal liability; which seeks civil fines or penalties paid to Federal, State, or local government; or which is grounded in antitrust.
Health care liability action— The term “health care liability action” means a civil action brought in a State or Federal court or pursuant to an alternative dispute resolution system, against a health care provider regardless of the theory of liability on which the claim is based, or the number of plaintiffs, defendants, or other parties, or the number of causes of action, in which the claimant alleges a health care liability claim.
Health care liability claim— The term “health care liability claim” means a demand by any person, whether or not pursuant to ADR, against a health care provider, including, but not limited to, third-party claims, cross-claims, counter-claims, or contribution claims, which are based upon the provision or use of (or the failure to provide or use) health care services or medical products, regardless of the theory of liability on which the claim is based, or the number of plaintiffs, defendants, or other parties, or the number of causes of action.
Health care provider— The term “health care provider” means any person or entity required by State or Federal laws or regulations to be licensed, registered, or certified to provide health care services, and being either so licensed, registered, or certified, or exempted from such requirement by other statute or regulation, as well as any other individual or entity defined as a health care provider, health care professional, or health care institution under state law.
Health care services— The term “health care services” means the provision of any goods or services (including safety, professional, or administrative services directly related to health care) by a health care provider, or by any individual working under the supervision of a health care provider, that relates to the diagnosis, prevention, or treatment of any human disease or impairment, or the assessment or care of the health of human beings.
Medical product— The term “medical product” means a drug, device, or biological product intended for humans, and the terms “drug”, “device”, and “biological product” have the meanings given such terms in sections 201(g)(1) and 201(h) of the Federal Food, Drug and Cosmetic Act (21 U.S.C. 321(g)(1) and (h)) and section 351(a) of the Public Health Service Act (42 U.S.C. 262(a)), respectively, including any component or raw material used therein, but excluding health care services.
Noneconomic damages— The term “noneconomic damages” means damages for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation, and all other nonpecuniary losses of any kind or nature incurred as a result of the provision or use of (or failure to provide or use) health care services or medical products, unless otherwise defined under applicable state law.
Recovery— The term “recovery” means the net sum recovered after deducting any disbursements or costs incurred in connection with prosecution or settlement of the claim, including all costs paid or advanced by any person. Costs of health care incurred by the plaintiff and the attorneys’ office overhead costs or charges for legal services are not deductible disbursements or costs for such purpose.
Representative— The term “representative” means a legal guardian, attorney, person designated to make decisions on behalf of a patient under a medical power of attorney, or any person recognized in law or custom as a patient’s agent.
State— The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States, or any political subdivision thereof.
Sec. 2908 Effect on other laws
Vaccine injury—
To the extent that title XXI of the Public Health Service Act establishes a Federal rule of law applicable to a civil action brought for a vaccine-related injury or death—
this title does not affect the application of the rule of law to such an action; and
any rule of law prescribed by this title in conflict with a rule of law of such title XXI shall not apply to such action.
If there is an aspect of a civil action brought for a vaccine-related injury or death to which a Federal rule of law under title XXI of the Public Health Service Act does not apply, then this title or otherwise applicable law (as determined under this title) will apply to such aspect of such action.
Other Federal law— Except as provided in this section, nothing in this title shall be deemed to affect any defense available to a defendant in a health care lawsuit or action under any other provision of Federal law.
Sec. 2909 Rules of construction
Health care lawsuits— Unless otherwise specified in this title, the provisions governing health care lawsuits set forth in this title preempt, subject to subsections (b) and (c), State law to the extent that State law prevents the application of any provisions of law established by or under this title. The provisions governing health care lawsuits set forth in this title supersede chapter 171 of title 28, United States Code, to the extent that such chapter—
provides for a greater amount of damages or contingent fees, a longer period in which a health care lawsuit may be commenced, or a reduced applicability or scope of periodic payment of future damages, than provided in this title; or
prohibits the introduction of evidence regarding collateral source benefits, or mandates or permits subrogation or a lien on collateral source benefits.
Protection of States’ rights and other laws— Any issue that is not governed by any provision of law established by or under this title (including State standards of negligence) shall be governed by otherwise applicable State or Federal law.
State Flexibility— No provision of this title shall be construed to preempt any defense available to a party in a health care lawsuit under any other provision of State or Federal law.
Sec. 2910 Effective date
This title shall apply to any health care lawsuit brought in a Federal or State court, or subject to an alternative dispute resolution system, that is initiated on or after the date of the enactment of this Act, except that any health care lawsuit arising from an injury occurring prior to the date of the enactment of this Act shall be governed by the applicable statute of limitations provisions in effect at the time the cause of action accrued.
Sec. 2911 Limitation on expert witness testimony
In general— No person in a health care profession requiring licensure under the laws of a State shall be competent to testify in any court of law to establish the following facts—
the recognized standard of acceptable professional practice and the specialty thereof, if any, that the defendant practices, which shall be the type of acceptable professional practice recognized in the defendant’s community or in a community similar to the defendant’s community that was in place at the time the alleged injury or wrongful action occurred;
that the defendant acted with less than or failed to act with ordinary and reasonable care in accordance with the recognized standard; and
that as a proximate result of the defendant’s negligent act or omission, the claimant suffered injuries which would not otherwise have occurred,
Applicability— The requirements set forth in subsection (a) shall also apply to expert witnesses testifying for the defendant as rebuttal witnesses.
Waiver authority— The court may waive the requirements in this subsection if it determines that the appropriate witnesses otherwise would not be available.
Sec. 2912 Communications following unanticipated outcome
Provider communications— In any health care liability action, any and all statements, affirmations, gestures, or conduct expressing apology, fault, sympathy, commiseration, condolence, compassion, or a general sense of benevolence which are made by a health care provider or an employee of a health care provider to the patient, a relative of the patient, or a representative of the patient and which relate to the discomfort, pain, suffering, injury, or death of the patient as the result of the unanticipated outcome of medical care shall be inadmissible for any purpose as evidence of an admission of liability or as evidence of an admission against interest.
State flexibility— No provision of this section shall be construed to preempt any State law (whether effective before, on, or after the date of the enactment of this Act) that makes additional communications inadmissible as evidence of an admission of liability or as evidence of an admission against interest.
Sec. 2913 Expert witness qualifications
In general— In any health care lawsuit, an individual shall not give expert testimony on the appropriate standard of practice or care involved unless the individual is licensed as a health professional in one or more States and the individual meets the following criteria:
If the party against whom or on whose behalf the testimony is to be offered is or claims to be a specialist, the expert witness shall specialize at the time of the occurrence that is the basis for the lawsuit in the same specialty or claimed specialty as the party against whom or on whose behalf the testimony is to be offered. If the party against whom or on whose behalf the testimony is to be offered is or claims to be a specialist who is board certified, the expert witness shall be a specialist who is board certified in that specialty or claimed specialty.
During the 1-year period immediately preceding the occurrence of the action that gave rise to the lawsuit, the expert witness shall have devoted a majority of the individual’s professional time to one or more of the following:
The active clinical practice of the same health profession as the defendant and, if the defendant is or claims to be a specialist, in the same specialty or claimed specialty.
The instruction of students in an accredited health professional school or accredited residency or clinical research program in the same health profession as the defendant and, if the defendant is or claims to be a specialist, in an accredited health professional school or accredited residency or clinical research program in the same specialty or claimed specialty.
If the defendant is a general practitioner, the expert witness shall have devoted a majority of the witness’s professional time in the 1-year period preceding the occurrence of the action giving rise to the lawsuit to one or more of the following:
Active clinical practice as a general practitioner.
Instruction of students in an accredited health professional school or accredited residency or clinical research program in the same health profession as the defendant.
Lawsuits against entities— If the defendant in a health care lawsuit is an entity that employs a person against whom or on whose behalf the testimony is offered, the provisions of subsection (a) apply as if the person were the party or defendant against whom or on whose behalf the testimony is offered.
Power of court— Nothing in this subsection shall limit the power of the trial court in a health care lawsuit to disqualify an expert witness on grounds other than the qualifications set forth under this subsection.
Limitation— An expert witness in a health care lawsuit shall not be permitted to testify if the fee of the witness is in any way contingent on the outcome of the lawsuit.
State flexibility— No provision of this section shall be construed to preempt any State law (whether effective before, on, or after the date of the enactment of this Act) that places additional qualification requirements upon any individual testifying as an expert witness.
Sec. 2914 Affidavit of merit
Required filing— Subject to subsection (b), the plaintiff in a health care lawsuit alleging negligence or, if the plaintiff is represented by an attorney, the plaintiff’s attorney shall file simultaneously with the health care lawsuit an affidavit of merit signed by a health professional who meets the requirements for an expert witness under section 2913 of this title. The affidavit of merit shall certify that the health professional has reviewed the notice and all medical records supplied to him or her by the plaintiff’s attorney concerning the allegations contained in the notice and shall contain a statement of each of the following:
The applicable standard of practice or care.
The health professional’s opinion that the applicable standard of practice or care was breached by the health professional or health facility receiving the notice.
The actions that should have been taken or omitted by the health professional or health facility in order to have complied with the applicable standard of practice or care.
The manner in which the breach of the standard of practice or care was the proximate cause of the injury alleged in the notice.
A listing of the medical records reviewed.
Filing extension— Upon motion of a party for good cause shown, the court in which the complaint is filed may grant the plaintiff or, if the plaintiff is represented by an attorney, the plaintiff’s attorney an additional 28 days in which to file the affidavit required under subsection (a).
State flexibility— No provision of this section shall be construed to preempt any State law (whether effective before, on, or after the date of the enactment of this Act) that establishes additional requirements for the filing of an affidavit of merit or similar pre-litigation documentation.
Sec. 2915 Notice of intent to commence lawsuit
Advance notice— A person shall not commence a health care lawsuit against a health care provider unless the person has given the health care provider 90 days written notice before the action is commenced.
Exceptions— A health care lawsuit against a health care provider filed within 6 months of the statute of limitations expiring as to any claimant, or within 1 year of the statute of repose expiring as to any claimant, shall be exempt from compliance with this section.
State flexibility— No provision of this section shall be construed to preempt any State law (whether effective before, on, or after the date of the enactment of this Act) that establishes a different time period for the filing of written notice.
XXX Consolidation of Federal welfare programs
Sec. 3001 Sense of congress
It is the sense of Congress that all welfare programs should be under the jurisdiction of a single House committee and a single Senate committee. Furthermore, welfare programs should be prioritized, based on their efficacy, with the objective of eliminating programs that aren’t working and retaining those that are.