Rep. Jason Smith

Fifth Amendment Integrity Restoration Act of 2021 or the FAIR Act This bill revises federal laws governing civil asset forfeiture. Specifically, the bill makes various changes to the general rules governing civil forfeiture proceedings. Among the changes, the bill requires counsel for an indigent property owner regardless of whether the owner requests counsel, raises the evidentiary standard from preponderance of the evidence to clear and convincing evidence, and sets forth factors courts must consider in determining whether a forfeiture of facilitating property is excessive. Additionally, the bill eliminates statutory authority for equitable sharing and directs forfeiture proceeds to be deposited into the general fund of the Treasury instead of the Department of Justice Assets Forfeiture Fund. Finally, the bill makes changes with respect to the civil forfeiture of money involved in structuring offenses (i.e., structuring currency transactions to evade currency reporting requirements). Among the changes, the bill specifies an evidentiary standard of knowingly for structuring offenses, and requires a prompt probable cause hearing following the seizure of money involved in a structuring offense.

Lower Costs, More Cures Act of 2021 This bill establishes and modifies several programs and requirements to address prescription drug prices. The bill modifies provisions under Medicare and Medicaid relating to prescription drug coverage and price transparency. Among other changes, the bill requires the Centers for Medicare & Medicaid Services to publish certain information, as reported by pharmacy benefit managers (PBMs), relating to generic dispensing rates, drug discounts and rebates, and payments between PBMs, health plans, and pharmacies; caps annual out-of-pocket spending under the Medicare prescription drug benefit; allows prescription drug plan sponsors under the Medicare prescription drug benefit to offer additional plans in a region; requires pass-through pricing models, and prohibits spread-pricing, for payment arrangements with PBMs under Medicaid; and allows states to include in the Medicaid Drug Rebate Program covered outpatient drugs that are provided as part of physician or outpatient hospital services. The bill also generally modifies other provisions relating to the regulation and costs of generic and brand-name drugs. Among other changes, the bill prohibits the manufacturer of a brand-name, generic, or biosimilar drug from entering into certain agreements to resolve or settle a patent infringement claim in connection with the sale of a drug or biological product; permanently allows high deductible health plans to waive deductibles for insulin and associated products; and establishes the position of Chief Pharmaceutical Negotiator in the Office of the U.S. Trade Representative.

Sunshine for Regulatory Decrees and Settlements Act of 2021 This bill establishes transparency and public accountability standards for federal agencies with respect to (1) certain civil actions seeking to compel agency action, and (2) related consent decrees and settlement agreements. For example, an agency must publish a complaint filed against it within 15 days. Additionally, settlement proceedings must be conducted through mediation or an alternative dispute resolution program of the court, and those proceedings must include intervening parties. The bill also creates a presumption in favor of a motion to intervene in settlement proceedings. Further, at least 60 days prior to entering a consent decree or settlement agreement, an agency must publish, and accept and respond to public comment on, the proposed agreement or decree. An agency also must provide the court with the administrative record, a summary of the public comments, and access to the record of any public hearings on the proposed decree or agreement. The Department of Justice, or the agency litigating a matter independently, must certify to the court its approval of certain terms included in an agreement or decree, including terms that convert a discretionary authority into a nondiscretionary duty. A court may not approve a consent decree or settlement agreement unless the agency has sufficient time and procedures to comply with federal administrative procedures, other rulemaking statutes, and applicable executive orders. Finally, courts must review a consent decree or settlement if an agency files a motion to modify the decree or agreement on the basis of changed facts or circumstances.

Eradicate Crossing of Illegal Tunnels Act of 2021 or the EXIT Act of 2021 This bill authorizes the Department of Homeland Security (DHS) to take various actions to facilitate the search for and remediation of unlawful border crossing tunnels on private land. Specifically, DHS may waive federal, state, or local environmental permits and reviews as necessary to search for or remediate such tunnels. U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement may enter into indefinite delivery, indefinite quantity contracts with two or more sources to facilitate such border tunnel activities. (Indefinite delivery, indefinite quantity contracts provide for an indefinite quantity of services for a fixed time.)

Drug Cartel Terrorist Designation Act This bill directs the Department of State to designate the Reynosa/Los Metros faction of the Gulf Cartel and the Cartel Del Noreste faction of Los Zetas as foreign terrorist organizations and to submit a detailed report on those drug cartels and any other cartels it may identify. Based on this report, the State Department must designate as a foreign terrorist organization any such identified cartel (or faction thereof) that meets certain criteria for designation as a foreign terrorist organization.

Stopping Illicit Trafficking Act of 2021 or the SIFT Act of 2021 This bill adds five fentanyl analogues and the entire category of fentanyl-related substances to schedule I of the Controlled Substances Act. A schedule I controlled substance is a drug, substance, or chemical that has a high potential for abuse; has no currently accepted medical value; and is subject to regulatory controls and administrative, civil, and criminal penalties under the Controlled Substances Act. The bill also creates a process to remove from schedule I certain fentanyl-related substances that do not have a high potential for abuse.

Natural Immunity Is Real Act This bill requires all federal agencies to acknowledge and consider natural immunity to COVID-19 when promulgating any regulation related to the COVID-19 public health emergency.

Prohibiting IRS Financial Surveillance Act This bill prohibits the Department of the Treasury from requiring a financial institution to report the transfers into and out of a financial account. This prohibition does not apply to laws or regulations in effect on October 1, 2021.

This resolution honors Gibraltar's contribution to advancing U.S. security interests in the Mediterranean region and expresses support for the people of Gibraltar.

Stabilizing Medicare Access to Rehabilitation and Therapy Act or the SMART Act This bill modifies the application of a certain Medicare payment methodology for outpatient physical therapy services and outpatient occupational therapy services that are furnished by a therapy assistant. Under current law, effective January 1, 2022, payment for such services is 85% of the otherwise applicable rate. The bill delays this effective date by one year and excludes services that are furnished in rural or medically underserved areas from this payment methodology. The bill also specifies that supervision requirements for outpatient physical therapy services that are furnished through private practice may not be more stringent for purposes of Medicare coverage than under state law.