FUTURE Act

This bill contains provisions related to education, immigration, and drug regulation and litigation.

The Department of Education (ED) shall advise each student and borrower applying for federal student aid or other programs related to student aid that ED may request the applicant's tax return from the Internal Revenue Service as necessary.

The bill also increases the funding authorized for Pell Grants.

TITLE I--NO BAN ACT

National Origin-Based Antidiscrimination for Nonimmigrants Act or the NO BAN Act

This title imposes limitations on the President's authority to suspend or restrict aliens from entering the United States and terminates certain presidential actions implementing such restrictions. It also prohibits religious discrimination in various immigration-related decisions, such as whether to issue an immigrant or non-immigrant visa, unless there is a statutory basis for such discrimination.

The President may temporarily restrict the entry of any aliens or class of aliens after the Department of State determines that the restriction would address specific and credible facts that threaten U.S. interests such as security or public safety.

This title also imposes limitations on such restrictions, such as requiring the President, State Department, and the Department of Homeland Security (DHS) to (1) only issue a restriction when required to address a compelling government interest, and (2) narrowly tailor the suspension to use the least restrictive means to achieve such an interest.

Before imposing a restriction, the State Department and DHS shall consult with Congress. The State Department and DHS shall report to Congress about the restriction within 48 hours of the restriction's imposition. If such a report is not made, the restriction shall immediately terminate.

Individuals or entities present in the United States and unlawfully harmed by such a restriction may sue in federal court.

TITLE II--AFFORDABLE PRESCRIPTIONS FOR PATIENTS ACT OF 2020

Affordable Prescriptions for Patients Act of 2020

This title prohibits drug manufacturers from actions related to product hopping (generally actions seen as attempts to switch from selling one drug to another largely similar drug in order to limit generic competition). This title also imposes certain restrictions on patent infringement litigation related to biological products and biosimilars.

A manufacturer of a reference drug or biological product shall, with certain exceptions, be deemed to have engaged in unfair competition if the manufacturer (1) takes certain actions related to the reference product, such as stopping its manufacture; (2) takes such an action during a certain time period that starts when it receives notice that another company has applied to market a generic or biosimilar version of the reference product; and (3) markets a follow-on product (generally, a drug or biological product that is a modification or reformulation of the reference product).

Such actions shall not be unfair competition if the reference product manufacturer justifies its actions, such as by establishing that it switched to the follow-on product due to safety concerns related to the reference product.

The Federal Trade Commission may enforce this title by initiating administrative proceedings against the reference product manufacturer or suing in district court.

This title also limits, with some exceptions, the number of certain types of patents that a reference biological product manufacturer may assert in an infringement lawsuit against a company that (1) is applying for Food and Drug Administration (FDA) approval of a product that is biosimilar to the reference product, and (2) references the reference product in its application. This limit generally applies to patents that (1) have a filing date more than four years after the reference product received FDA approval, or (2) claim a manufacturing process method that the reference product manufacturer is not using.

To take advantage of this limit, the company seeking FDA approval for its biosimilar product must take certain actions, such as providing a copy of its application to the reference product manufacturer.

The court handling such a patent infringement lawsuit may allow the reference product manufacturer to assert more patents than the limit if there is good cause to do so or if the interest of justice so requires.

TITLE III--ACCESS TO COUNSEL ACT OF 2020

Access to Counsel Act of 2020

This title provides various protections for covered individuals subject to secondary or deferred inspections when seeking admission into the United States. Covered individuals include U.S. nationals, lawful permanent residents, aliens in possession of a visa, and refugees.

The Department of Homeland Security shall ensure that a covered individual subject to secondary or deferred inspection has a meaningful opportunity to consult with counsel and certain related parties, such as a relative, within an hour of the start of the secondary inspection and as necessary during the inspection process. The counsel and related party shall be allowed to advocate on behalf of the covered individual, including by providing evidence and information to the examining immigration officer.
A lawful permanent resident subject to secondary or deferred inspection may not abandon lawful permanent resident status until the individual has had a reasonable opportunity to seek advice from counsel, unless the individual voluntarily and knowingly waives in writing this opportunity to seek counsel's advice.