Rep. Adrian Smith

State Tax Freedom Act This bill removes a prohibition on states and territories using COVID-19 relief funding under the American Rescue Plan Act of 2021 to offset a reduction in revenue resulting from a reduction in taxes or a delay in the imposition of a tax or tax increase. Additionally, the bill requires the Department of the Treasury to refund the state, territory, or tribal government any money that was repaid to the federal government since enactment of the American Rescue Plan Act of 2021 due to the state cutting taxes.

Reopening America by Supporting Workers and Businesses Act of 2021 This bill permits states to provide a one-time lump sum payment, through July 1, 2021, to individuals who (1) were eligible for COVID-19 pandemic unemployment compensation during any week after enactment of this bill, and (2) are no longer eligible as a result of becoming thereafter reemployed. Payments of $1,200 shall be paid to individuals who work at least 30 hours and $600 to individuals who work at least 20 hours but less than 30. The payments are available for claimants (1) who are not employed by a government entity, (2) who return to work for at least four consecutive weeks, and (3) whose annual salary does not exceed $75,000. Before receipt of a payment, the individuals' employers must verify their hours and earnings. Additionally, the bill (1) accelerates a scheduled increase in funding for reemployment services and eligibility assessments (RESEA), (2) allows states to use RESEA funds to serve all workers receiving unemployment benefits, and not just those most likely to exhaust their benefits; and (3) allows states to provide reemployment services to individuals receiving pandemic unemployment assistance and pandemic emergency unemployment compensation. Finally, the bill reinstates the requirement that unemployment claimants certify they are able, available, and actively seeking work.

Emmett Till and Mamie Till-Mobley Congressional Gold Medal Act of 2021 This bill provides for the posthumous presentation of a Congressional Gold Medal in commemoration of Emmett Till and Mamie Till-Mobley. After the award the medal shall be given to the National Museum of African American History and Culture.

Access to Genetic Counselor Services Act of 2021 This bill provides for coverage under Medicare of genetic counseling services that are furnished by genetic counselors. Covered services include those services, as well as incidental services and supplies, that would otherwise be covered under Medicare if provided by a physician.

Ensuring Parity in MA and PACE for Audio-Only Telehealth Act of 2021 This bill allows audio-only diagnoses that are made via telehealth to be used for purposes of determining risk adjustments to payments under Medicare Advantage. Additionally, the bill requires payments for Medicare telehealth services that are furnished during the public health emergency relating to COVID-19 (i.e., coronavirus disease 2019) to be made in the same amounts as those for in-person services.

Keeping Our Manufacturers from Being Unfairly taxed while Championing Health Act or KOMBUCHA This bill modifies the definition of brewer for purposes of the alcohol excise tax to exempt kombucha from such tax.

Safe Step Act This bill requires a group health plan to establish an exception to medication step-therapy protocol in specified cases. A medication step-therapy protocol establishes a specific sequence in which prescription drugs are covered by a group health plan or a health insurance issuer.  A request for such an exception to the protocol must be granted if (1) an otherwise required treatment has been ineffective, (2) such treatment is expected to be ineffective and delaying effective treatment would lead to irreversible consequences, (3) such treatment will cause or is likely to cause an adverse reaction to the individual, (4) such treatment is expected to prevent the individual from performing daily activities or occupational responsibilities, (5) the individual is stable based on the prescription drugs already selected, or (6) there are other circumstances as determined by the Employee Benefits Security Administration. The bill requires a group health plan to implement and make readily available a clear process for an individual to request an exception to the protocol, including required information and criteria for granting an exception. The bill further specifies timelines under which plans must respond to such requests.

Protect Democracy in Burma Act of 2021 This bill requires the Department of State to report to Congress on the military coup in Burma (Myanmar), including a description of U.S. efforts to (1) engage with the Association of Southeast Asian Nations to support a return to Burma's democratic transition and democratic values throughout Southeast Asia, and (2) influence the United Nations to hold accountable those responsible for the coup.

Border Crisis Prevention Act of 2021 This bill imposes additional requirements on asylum seekers, increases certain time limits related to detained aliens, and addresses other immigration-related issues. The Department of Homeland Security (DHS) must detain certain aliens, such as an alien convicted of an aggravated felony or believed to be a trafficker of controlled substances, beyond certain time limits for detaining an alien. The bill also provides for additional instances when DHS may extend the 90-day removal period (generally the window in which DHS has to remove an alien after a final order of removal). An alien choosing to appeal mandatory detention or detention as part of a removal period extension may do so only by filing for a writ of habeas corpus. DHS shall 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. Furthermore, under this bill, an alien's credible fear of persecution must be more probable than not in order to be eligible for asylum. DHS may also deny asylum to an applying alien and remove the alien to a country that is not the alien's country of nationality, if the alien would be safe and would be able to apply for asylum from that country. (Currently, an asylum applicant may be removed to a third country only if that country is party to an agreement allowing for such removal.) The Department of Justice may appoint 100 additional immigration judges.

Heartbeat Protection Act of 2021 This bill makes it a crime for a physician to knowingly perform an abortion (1) without determining whether the fetus has a detectable heartbeat, (2) without informing the mother of the results, or (3) after determining that a fetus has a detectable heartbeat. It provides an exception for an abortion that is necessary to save the life of a mother whose life is endangered by a physical (but not psychological or emotional) disorder, illness, or condition. A physician who performs a prohibited abortion is subject to criminal penalties—a fine, up to five years in prison, or both. A woman who undergoes a prohibited abortion may not be prosecuted for violating or conspiring to violate the provisions of this bill.