Rep. David Kustoff

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.

Holocaust Insurance Accountability Act of 2021 This bill allows a beneficiary (or an heir of a beneficiary) of certain insurance policies in effect during the Holocaust to sue in U.S. district court to enforce rights under such policies. An insurance policy covered under this bill must have been (1) in effect at any time between January 31, 1933, and December 31, 1945, and (2) issued to a policyholder domiciled in Nazi-controlled territory or Switzerland. A court shall award to a prevailing beneficiary (1) the amount due under a policy, (2) prejudgment interest of 6% a year, (3) attorney's fees and costs, and (4) treble damages if the insurer acted in bad faith.  An action under this bill or state law related to a covered insurance policy shall be considered timely if filed within 10 years of this bill's enactment. Judgments and agreements entered before this bill's enactment shall not preclude a claim brought under the bill, with certain exceptions. Neither executive agreements between the United States and a foreign government nor U.S. executive foreign policies shall (1) affect or preclude claims brought under this bill, or (2) supersede or preempt any state laws relating to insurance policies covered by this bill.

Protect Our Police Act This bill provides statutory authority for Executive Order 13809, which was issued on August 28, 2017. The order revoked a 2015 executive order establishing an interagency working group to recommend improvements to the process through which state, local, and tribal law enforcement agencies acquire controlled equipment (e.g., firearms or military-style equipment) from the federal government.

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.

Israel Relations Normalization Act of 2021 This bill requires the Department of State to take certain actions promoting the normalization of relations between Israel, Arab states, and other relevant countries and regions. Specifically, the State Department must develop a strategy on expanding and strengthening the Abraham Accords (the term used to refer collectively to agreements between Israel and the United Arab Emirates and between Israel and Bahrain marking the public normalization of relations between the two Arab countries and Israel). The strategy must include a description of how the U.S. government will encourage further normalization of relations with Israel. In addition, the State Department must report on options for U.S. international efforts to promote the strengthening of ties between Israel, Arab states, and other relevant countries and regions. The State Department must also report on the status of the normalization of relations with Israel, including information on (1) laws that punish individuals for people-to-people relations with Israelis (i.e., anti-normalization laws), and (2) evidence of steps taken by Arab governments toward permitting or encouraging normalized relations between their citizens or residents and Israeli citizens.

Foreign Robocall Elimination Act This bill requires the Federal Communications Commission to establish an interagency task force to study the most effective ways to combat unlawful robocalls made into the United States from foreign sources.

Renter Protection Act of 2021 This bill limits the use and availability of assistance provided under certain emergency rental assistance programs created in response to the COVID-19 pandemic. For example, rental assistance not yet used by grantees to assist eligible households as of July 1, 2021, must only be used for rental arrears after this date, and not for rent, utilities and home energy costs and arrears, or other expenses as allowed under current law. Further, the bill changes the deadline for distribution of these funds from September 30, 2022, to December 31, 2021.

Countering Communist China Act This bill addresses issues related to China, tax incentives, and other topics. The bill imposes visa- and property-blocking sanctions on certain entities and individuals that (1) are involved in acts of malign disinformation on behalf of a foreign government or political party, or (2) have engaged in a pattern of significant infringement of intellectual property belonging to a U.S. entity or individual. It also authorizes sanctions on developers and owners of software that makes unauthorized transmissions of user data to servers that are located in China and are accessible by China's government. The bill also provides tax incentives for relocating pharmaceutical, medical supply, or medical device manufacturing to the United States, including by allowing accelerated depreciation of nonresidential real property acquired in connection with such relocation; eliminates the five-year amortization requirement for research and experimental expenditures scheduled to begin in 2022, thus allowing continued expensing of such expenditures in the taxable years in which they are incurred; prohibits an institution of higher education from receiving certain federal funds if the institution has a contractual partnership with an entity controlled by China's government or organized under China's laws; modifies presumptions and evidentiary standards in administrative patent validity challenges; bars China from asserting sovereign immunity in certain instances; requires U.S. representatives to the International Monetary Fund (IMF) to take certain actions, such as opposing any increase to the weight given to China's currency when determining the value of IMF Special Drawing Rights; and permanently rescinds unobligated funds previously made available for certain economic relief programs related to COVID-19.

Afghanistan Withdrawal Oversight and Liability Act or the AWOL Act This bill prohibits using federal funds appropriated for FY2021 to provide support to the Taliban. The bill also requires reports and certifications related to Afghanistan. Specifically, no FY2021 funds may be used to (1) make payments or contributions of material support to the Taliban, or (2) provide relief from sanctions against the Taliban or its leaders. The bill requires the President to report to Congress on efforts to evacuate U.S. citizens and lawful permanent residents from Afghanistan. The President must also certify to Congress when all such individuals seeking evacuation from Afghanistan have been evacuated. The Department of State must periodically report to Congress on any agreements between the United States and the Taliban. Within seven days of the United States reaching an agreement with the Taliban, the State Department must provide to Congress all materials relevant to that agreement. The bill also requires the Office of the Inspector General of the State Department to report to Congress about the State Department's compliance with legal requirements in connection to agreements with the Taliban. Specifically, the office must assess compliance with a law that requires the State Department to provide certain information to Congress when the United States enters certain international agreements. The Department of Defense must report to Congress concerning U.S. equipment, property, and classified material that was destroyed, surrendered, or abandoned in Afghanistan during a period starting from February 29, 2020.

Next Generation Fuels Act of 2021 This bill supports the use of biofuels (e.g., gasoline blended with ethanol) in vehicles, including by establishing a minimum octane standard for gasoline as well as making related biofuel requirements for vehicles, their fuels, and fuel infrastructure.