Restoring America's Leadership in Innovation Act of 2021 This bill revises several aspects of patent law. The bill changes the U.S. patent system back to a first-to-invent system, in which the first inventor to conceive of an invention is entitled to a patent. Currently, the first person to file an application that meets all the necessary requirements is entitled to the patent. Several types of administrative patent challenge proceedings are abolished, as well as the Patent and Trademark Office (PTO) body that decides those proceedings. The bill relaxes the standard for what constitutes patent-eligible subject matter. The only ineligible inventions shall be those that exist in nature independent or prior to human activity or that exist solely in the human mind. The bill also makes it easier for a patent owner that has won an infringement case in court to secure a permanent injunction against the infringing defendant. Specifically, there shall be a presumption that further infringement would cause irreparable harm to the prevailing patent owner, and the burden shall be on the infringer to prove otherwise. (Currently, a prevailing patent owner seeking a permanent injunction must prove, among other things, that further infringement would cause irreparable harm.) The bill limits what types of publications shall be treated as prior art that could be used to make an invention be considered to be anticipated or obvious (and therefore not patentable). The bill authorizes the PTO to keep and spend all the fees that it collects.
Keep Food Local and Affordable Act of 2021 This bill freezes the minimum wage for H-2A (temporary agricultural workers) in certain states through December 31, 2022. Specifically, the bill prohibits an increase to the adverse effect wage rate for H-2A workers in any state (1) that had an unemployment rate of not more than 5% in the Bureau of Labor Statistics' August 2021 report; or (2) where the food price index, according to bureau reports, increased by more than 3% between December 2020 and September 2021 and the governor requests a freeze to the adverse effect wage rate. (Generally, the minimum wage for an H-2A worker is the highest of the adverse effect wage rate, the prevailing hourly wage or piece rate, the federal minimum wage, or the applicable state minimum wage.)
Illegal Immigrant Payoff Prohibition Act This bill prohibits the payment of a settlement to an alien for a civil action brought against the United States in connection with the alien's inadmissibility to, or unlawful presence in, the United States.
Supporting Every at-Risk Veteran In Critical Emergencies Act of 2021 or the SERVICE Act of 2021 This bill authorizes the Office of Community Oriented Policing Services within the Department of Justice to make grants to support the creation and operation of veterans' response teams in state, local, and tribal law enforcement agencies.
Better Enforcement of Grievous Offenses by unNaturalized Emigrants Act or the BE GONE Act This bill expands, for immigration purposes, the definition of aggravated felony to include sexual abuse, sexual assault, and aggravated sexual violence. (Under current law, a conviction for an aggravated felony is grounds for deportation and may bar an individual from other immigration-related benefits.)
Safeguards Ensuring Criminal and Unvetted Refugees don't Enter America Act or the SECURE America Act This bill imposes restrictions on the admission of aliens, including refugees, and addresses related issues. Specifically, no refugees may be admitted until Congress enacts a joint resolution setting the maximum number of refugees allowed to be admitted in a particular fiscal year. Currently, that number is set each fiscal year by the President. The Department of Homeland Security (DHS) must notify Congress at least 30 days before determining that an alien or class of aliens is eligible for refugee status. Congress may nullify the determination by enacting a joint resolution of disapproval. Further, an alien shall be inadmissible for holding certain beliefs, such as (1) believing that a system of religious law should be implemented in the United States, (2) believing that the alien does not need to learn English if the alien is not already fluent, or (3) any belief that the Department of State determines is incompatible with the principles of the United States. DHS may not parole into the United States an alien who does not have status under immigration law. Currently, DHS may provide parole in certain instances, including for urgent humanitarian reasons. Federal agencies must notify a state at least 30 days before resettling a refugee in that state. The refugee may not be resettled in that state if the state expresses disapproval. An alien who has committed a crime of violence (generally one involving the use or threat of physical violence against person or property) may not be eligible for refugee status and must be removed.
Lifting Immigrant Families Through Benefits Access Restoration Act of 2021 or the LIFT the BAR Act of 2021 This bill repeals certain limits on the eligibility of noncitizens who lawfully reside in the United States for federal means-tested programs, including Medicaid, the Children's Health Insurance Program (CHIP), programs funded through Temporary Assistance for Needy Families (TANF) grants, Supplemental Security Income (SSI), and certain nutrition and housing programs.
Teleabortion Prevention Act of 2021 This bill restricts the use of telehealth for chemical abortions (also known as medication abortions). Specifically, it requires a provider who dispenses or prescribes medication for a chemical abortion to physically examine the patient, be physically present at the location of the chemical abortion, and schedule a follow-up visit. The bill provides an exception for a chemical abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, illness, injury, or condition. The bill establishes criminal penalties—a fine, a prison term of up to two years, or both—for a provider who does not comply with the requirements. A patient who undergoes a chemical abortion may not be prosecuted.
Americans not Aliens Act This bill prohibits an alien who has been ordered removed from receiving employment authorization. Currently, an individual who has been ordered removed may receive employment authorization if the Department of Justice finds that the individual's removal is impracticable or contrary to the public interest.
Empowering Law Enforcement Act of 2021 This bill addresses issues relating to immigration enforcement. The bill declares that state and local law enforcement have inherent authority to investigate and arrest individuals to assist federal immigration enforcement. (Currently, state and local law enforcement may take certain immigration enforcement actions upon entering into an agreement with U.S. Immigration and Customs Enforcement.) The Department of Homeland Security (DHS) must reimburse state and local law enforcement for the costs of holding or transporting a detained alien. DHS may detain an alien beyond the removal period (generally the window in which DHS must remove an alien after a final order of removal) upon making certain certifications, such as a certification that the alien's release would threaten community safety. DHS may renew this certification every six months after giving the alien an opportunity to request reconsideration of the certification. An alien challenging such detention may only do so by filing an application for a writ of habeas corpus. Certain aliens subject to mandatory detention may be held without time limitation while removal proceedings are pending. DHS must detain an alien who is present in the United States without lawful status if the alien has been convicted for driving while intoxicated. DHS must establish a process to determine whether an alien not subject to mandatory detention and who has tried to comply with a removal order should be detained or released with conditions. The Department of Justice must include information about immigration law violations in the National Crime Information Center database.
Service Member SCOTUS Act of 2021 This bill authorizes the Supreme Court to review by writ of certiorari certain cases in which the Court of Appeals for the Armed Forces has denied a petition for review or relief.
Customs Business Fairness Act of 2021 This bill modifies the treatment of claims by customs brokers for unpaid customs duties in chapter 11 (reorganization) bankruptcy proceedings.
