Protecting Our Wealth of Energy Resources Act of 2021 or the POWER Act of 2021 This bill requires the President and federal agencies to obtain the approval of Congress before prohibiting or substantially delaying certain new energy or mineral leases or permits on federal lands, including oil and gas leases, coal leases, hard rock leases, or critical minerals leases. In addition, the President and agencies must obtain the approval of Congress before withdrawing certain federal lands from mineral and geothermal leasing activities.
Born-Alive Abortion Survivors Protection Act This bill establishes requirements for the degree of care a health care practitioner must provide in the case of a child born alive following an abortion or attempted abortion. Specifically, a health care practitioner who is present must (1) exercise the same degree of care as would reasonably be provided to any other child born alive at the same gestational age, and (2) ensure the child is immediately admitted to a hospital. Additionally, a health care practitioner or other employee who has knowledge of a failure to comply with the degree-of-care requirements must immediately report such failure to law enforcement. A health care practitioner who fails to provide the required degree of care, or a health care practitioner or other employee who fails to report such failure, is subject to criminal penalties—a fine, up to five years in prison, or both. An individual who intentionally kills or attempts to kill a child born alive is subject to prosecution for murder. The bill bars the criminal prosecution of a mother of a child born alive under this bill and allows her to bring a civil action against a health care practitioner or other employee for violations.
Support And Value Expectant Moms and Babies Act of 2021 or the SAVE Moms and Babies Act of 2021 This bill prohibits the Food and Drug Administration (FDA) from approving any new drug (either as a brand-name drug or a generic) intended to terminate a pregnancy and imposes additional restrictions on such drugs that are already approved. Under the bill, an already-approved drug intended to terminate a pregnancy may be dispensed to a patient only with a prescription. Furthermore, the FDA may not approve any labeling change that would authorize (1) using the drug after 70 days of gestation, or (2) dispensing the drug by any means other than in-person administration by the prescribing health care practitioner. The FDA must also impose additional restrictions on such already-approved drugs, including by (1) requiring the prescribing health care practitioner to receive a special certification, (2) prohibiting the practitioner to also act as the dispensing pharmacist, and (3) requiring the practitioner to have the ability to provide surgical intervention to the patient. The bill also rescinds any investigational use exemption already granted to such a drug if the bill would have prohibited the FDA from granting the exemption. (Currently, the FDA may grant an exemption to certain market approval requirements if a drug is intended solely for use in safety and effectiveness investigations.)
No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2021 This bill modifies provisions relating to federal funding for, and health insurance coverage of, abortions. Specifically, the bill prohibits the use of federal funds for abortions or for health coverage that includes abortions. Such restrictions extend to the use of funds in the budget of the District of Columbia. Additionally, abortions may not be provided in a federal health care facility or by a federal employee. Historically, language has been included in annual appropriations bills for the Department of Health and Human Services (HHS) that prohibits the use of federal funds for abortions—such language is commonly referred to as the Hyde Amendment. Similar language is also frequently included in appropriations bills for other federal agencies and the District of Columbia. The bill makes these restrictions permanent and extends the restrictions to all federal funds (rather than specific agencies). The bill's restrictions regarding the use of federal funds do not apply in cases of rape, incest, or where a physical disorder, injury, or illness endangers a woman's life unless an abortion is performed. The Hyde Amendment provides the same exceptions. The bill also prohibits qualified health plans from including coverage for abortions. Currently, qualified health plans may cover abortion, but the portion of the premium attributable to abortion coverage is not eligible for subsidies.
Eliminating a Quantifiably Unjust Application of the Law Act or the EQUAL Act This bill eliminates the federal sentencing disparity between drug offenses involving crack cocaine and powder cocaine. Currently, different threshold quantities of crack cocaine and powder cocaine (e.g., 28 grams of crack cocaine and 500 grams of powder cocaine) trigger the same statutory criminal penalties. This bill eliminates the lower quantity thresholds for crack cocaine offenses. Under the bill, the same threshold quantities of crack cocaine and powder cocaine trigger the same statutory criminal penalties. The change applies to future cases and cases pending on the date of enactment. With respect to past cases, the bill authorizes resentencing of a defendant who was convicted or sentenced for a crack cocaine offense before the date of enactment.
Child Care Workforce and Facilities Act of 2021 This bill requires the Department of Health and Human Services to provide states and tribal entities with grants to increase access to licensed child care services. The grants may be used to develop and expand the child care workforce or child care facilities in locations with insufficient available child care. Specifically, grants cover 50% of the cost of programs to support the education and training of caregivers or projects to build, expand, or renovate child care facilities in these areas.
Global Health, Empowerment and Rights Act This bill establishes that a foreign nongovernmental organization shall not be disqualified from receiving certain U.S. international development assistance solely because the organization provides medical services using non-U.S. government funds if the medical services are legal in both the United States and the country in which they are being provided. Such foreign organizations shall not be subject to requirements relating to their use of non-U.S. funds for advocacy or lobbying activities, other than those that apply to U.S. nongovernmental organizations. Current U.S. policy prohibits various foreign assistance from going to a foreign nongovernmental organization unless it agrees to not perform or actively promote abortions.
Earned Income and Child Tax Credits Outreach Act of 2021 This bill directs the Department of the Treasury, not later than March 1, 2021, to carry out a public outreach program to inform certain individual taxpayers of their potential eligibility for the earned income and child tax credits. The Inspector General for Tax Administration of Treasury must study the outreach program and make recommendations for improving it.
This resolution expresses the sense of the Senate that (1) clean water is a national priority, and (2) the 2020 final rule titled The Navigable Waters Protection Rule: Definition of "Waters of the United States" should not be withdrawn or vacated.
Regulations from the Executive in Need of Scrutiny Act of 20 21 This bill revises provisions relating to congressional review of agency rulemaking. Specifically, the bill establishes a congressional approval process for a major rule. A major rule may only take effect if Congress approves of the rule. A major rule is a rule that results in (1) an annual effect on the economy of $100 million or more; (2) a major increase in costs or prices for consumers, individual industries, government agencies, or geographic regions; or (3) significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. In addition, the bill establishes a congressional disapproval process for a nonmajor rule. A nonmajor rule may only take effect if Congress does not disapprove of the rule.
Pain-Capable Unborn Child Protection Act This bill establishes a new criminal offense for performing or attempting to perform an abortion if the probable post-fertilization age of the fetus is 20 weeks or more. A violator is subject to criminal penalties—a fine, a prison term of up to five years, or both. The bill provides exceptions for an abortion (1) that is necessary to save the life of the pregnant woman, or (2) when the pregnancy is the result of rape or incest. A physician who performs or attempts to perform an abortion under an exception must comply with specified requirements. A woman who undergoes a prohibited abortion may not be prosecuted for violating or conspiring to violate the provisions of this bill.
American Food for American Schools Act of 20 21 This bill requires school food authorities (SFAs) to request a waiver from the Department of Agriculture (USDA) to purchase foreign commodities or products for the National School Lunch Program (NSLP). SFAs may purchase foreign commodities or products without a waiver if the commodities or products are not produced or available domestically. Under current law, Buy American provisions require SFAs to purchase, to the maximum extent practicable, domestic commodities or products for the NSLP. There are limited exceptions which permit the purchase of foreign products in circumstances when using domestic products is truly not practicable. If an SFA uses an exception, there is no requirement to request a waiver to purchase a foreign product or commodity, but the SFA must keep documentation justifying the exception. USDA may not provide a waiver for an SFA to purchase foreign commodities or products unless (1) the commodities or products are not produced domestically in sufficient amounts or of satisfactory quality, (2) the domestic commodities or products would be significantly higher in price than foreign commodities or products, and (3) the SFA agrees to make the waiver publicly available on its website and email a notification of the waiver to parents or guardians of students who will be served the foreign commodity or product purchased pursuant to the waiver.
