HR 2486 · 116th Congress 2019–2021, ended

FUTURE Act

Latest action · Jul 23, 2020 Message on House action received in Senate and at desk: House amendments to Senate amendment.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedMay 2, 2019
  2. Passed HouseSep 17, 2019
  3. Passed SenateDec 5, 2019
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

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.

Recorded votes 2

Newest first. Open one to see how every member voted.

Roll callQuestionResultDate
House 154On Concurring in the Senate Amdt with Amdt Specified in Section 4(b) of H. Res. 891Passed231–184Jul 22, 2020

Yea 231

Nay 184

House 153Passed233–183Jul 22, 2020

Cosponsors 28

Members who signed on, in the order they did. Signatures ran from May 2, 2019 to Sep 17, 2019; 1 is an original cosponsor, there from the day it was introduced.

SeatCosponsorSigned on
R-NCMark WalkerOriginalMay 2, 2019
R-OKTom ColeJul 16, 2019
D-NMXochitl Torres SmallJul 16, 2019
R-TXLouie GohmertAug 16, 2019
D-AZTom O'HalleranAug 16, 2019
R-PABrian K. FitzpatrickAug 23, 2019
D-MNCollin C. PetersonAug 23, 2019
D-NMBen Ray LujánSep 10, 2019
D-MPGregorio Kilili Camacho SablanSep 10, 2019
R-NEJeff FortenberrySep 10, 2019
R-ALMike RogersSep 10, 2019
D-MSBennie G. ThompsonSep 11, 2019
D-TNJim CooperSep 11, 2019
D-CAJosh HarderSep 11, 2019
D-PAMary Gay ScanlonSep 11, 2019

Committees 1

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseEducation and Workforce Committee
Referred May 2, 2019

Actions 25

Everything that happened, newest first.

  1. Jul 23, 2020Message on House action received in Senate and at desk: House amendments to Senate amendment.
  2. Jul 22, 2020Pursuant to H. Res. 891, Ms. Jayapal was recognized to move that the House concur in the Senate amendment to H.R. 2486 with amendments specified in section 4 of H. Res. 891. (consideration: CR H3625-3638, H3666)
  3. Jul 22, 2020DEBATE - Pursuant H. Res. 891, the question shall be divided among the two House amendments. Pursuant to section 3(a) of H. Res. 891, the portion of the divided question comprising of the amendment specified in section 4(a) of H. Res. 891 shall be considered first. Each amendment specified in section 4 shall be debatable for one hour.
  4. Jul 22, 2020DEBATE - The House resumed debate on the House amendment to the Senate amendment.
  5. Jul 22, 2020POSTPONED PROCEEDINGS - At the conclusion of debate on the Jayapal motion that the House concur in the Senate amendment with an amendment specified in section 4(a) of H. Res. 891, the Chair put the question on adoption of the motion and by voice vote, announced that the ayes had prevailed. Mr. Nadler demanded the yeas and nays and the Chair postponed further proceedings on the motion until a time to be announced.

In the Congressional Record 16

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

WhereIn the RecordMembersDate
SenateDebate and remarks S5699Lamar Alexander R-TNSep 17, 2020
HouseDebate and remarks H3624–H3642Amendments H3624, H3625, H3638Motions H3625Recorded votes H3666amendment #2 (rights of persons detained at port of entry or detention facility by Customs and Border Protection or Immigration and Customs Enforcement)Lists H3666, H3667Votes recorded by proxy on amendment #1 to H.R. 2486, Fostering Undergraduate Talent by Unlocking Resources for Education (FUTURE) ActVotes recorded by proxy on amendment #2 to H.R. 2486, Fostering Undergraduate Talent by Unlocking Resources for Education (FUTURE) ActAdriano Espaillat D-NY, Andy Biggs R-AZ, Barbara Lee D-CA, David N. Cicilline D-RI, Debbie Dingell D-MI, Donald S. Beyer, Jr. D-VA, Doris O. Matsui D-CA, Doug Collins R-GA, F. James Sensenbrenner, Jr. R-WI, Hakeem S. Jeffries D-NY, Ilhan Omar D-MN, J. Luis Correa D-CA, Jamie Raskin D-MD, Jerrold Nadler D-NY, Joe Neguse D-CO, Joseph P. Kennedy III D-MA, Judy Chu D-CA, Lance Gooden R-TX, Max Rose D-NY, Nancy Pelosi D-CA, Nydia M. Velázquez D-NY, Pramila Jayapal D-WA (motion), Rashida Tlaib D-MI, Sheila Jackson Lee D-TX, Steve Scalise R-LA, Tom Malinowski D-NJ, Zoe Lofgren D-CAJul 22, 2020
HouseDebate and remarks H1599–H1613Text printed H1599Amendments H1612Recorded votes H1612, H1613consideration of Senate amendment (H. Res. 891), previous questionDebbie Lesko R-AZ (amendment), James P. McGovern D-MA, Kevin McCarthy R-CA, Rob Woodall R-GA, Tom Cole R-OKMar 11, 2020
SenateDebate and remarks S6865–S6867, S6885, S6886Amendments S6894Charles E. Schumer D-NY, Christopher A. Coons D-DE (amendment), Doug Jones D-AL (amendment), Lamar Alexander R-TN (amendment), Patty Murray D-WA (amendment), Richard Burr R-NC (amendment), Rick Scott R-FL, Tim Scott R-SC (amendment)Dec 5, 2019
ExtensionsDebate and remarks E1533, E1539Karen Bass D-CA, Marcia L. Fudge D-OHDec 4, 2019

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Constitutional authority

Congress has the power to enact this legislation pursuant to the following: Article I, Section 8

The sponsor’s statement, as printed in the Congressional Record, vol. 165, no. 72, May 2, 2019, page H3441.

CRS reports 4

Congressional Research Service work that CRS links to this bill or the law it became, newest first.

About this bill 2

Products that name it in their title: its number, its law number or one of its short titles.

Also cite it 2

Products on other subjects that cite it, usually among other measures.

Amendments 1

Amendments offered to this bill.

AmendmentDescriptionOffered byStatus
SA 1255In the nature of a substitute.Lamar Alexander R-TNAmendment SA 1255 agreed to in Senate by Unanimous Consent.

Related bills 11

Companion bills and other measures the record links to this one.

Titles 18

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To reauthorize mandatory funding programs for historically Black colleges and universities and other minority-serving institutions.
Short Titles as Passed Senate
FUTURE Act
Fostering Undergraduate Talent by Unlocking Resources for Education Act
Other Short Titles for portions of a bill
Access to Counsel Act of 2020
Affordable Prescriptions for Patients Act of 2020
NO BAN Act
National Origin-Based Antidiscrimination for Nonimmigrants Act
Short Title(s) as Introduced
Fostering Undergraduate Talent by Unlocking Resources for Education Act
FUTURE Act
Short Title(s) as Passed House
Fostering Undergraduate Talent by Unlocking Resources for Education Act
FUTURE Act
Short Title(s) from PCS (Placed on Senate Calendar) bill text
Fostering Undergraduate Talent by Unlocking Resources for Education Act
FUTURE Act
Short Title(s) from Engrossed Amendment Senate bill text
FUTURE Act
Fostering Undergraduate Talent by Unlocking Resources for Education Act
Short Title(s) from Engrossed Amendment House for portions of this bill
Affordable Prescriptions for Patients Act of 2020
NO BAN Act
National Origin-Based Antidiscrimination for Nonimmigrants Act

Subjects

Assigned by the Library of Congress. Policy area: Education.

Text 5

Each version as it was printed, newest first.

  1. Jul 22, 2020Engrossed Amendment House
  2. Dec 5, 2019Engrossed Amendment Senate
  3. Sep 23, 2019Placed on Calendar Senate
  4. Sep 17, 2019Engrossed in House
  5. May 2, 2019Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.