Sen. Marsha Blackburn

Balancing the Rights Of Web Surfers Equally and Responsibly Act of 2021 or the BROWSER Act of 2021 This bill establishes information privacy protections that require broadband internet access services and certain websites or mobile applications to provide users with the ability to opt-in or opt-out of the using, disclosing, or accessing of their user information depending on the sensitivity of the information. Covered service providers must provide opt-in approval through express user consent to use sensitive information such as financial data, health information, browsing history, or other specified personally identifiable information. Such service providers must obtain opt-out approval for the use of non-sensitive user information by a user failing to object to such use after being provided notice of the provider's privacy policies. Service providers also must allow users to opt-in or opt-out of such approval at any time. The bill permits service providers to use and disclose user information without approval for specified purposes, including for services necessary for provision of the service and to initiate, render, bill, and collect for the service. The bill further prohibits providers from conditioning access to service on users' agreeing to waive their privacy rights.

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.

Life at Conception Act of 2021 This bill declares that the right to life guaranteed by the Constitution is vested in each human being at all stages of life, including the moment of fertilization, cloning, or other moment at which an individual comes into being. Nothing in this bill shall be construed to require the prosecution of any woman for the death of her unborn child, a prohibition on in vitro fertilization, or a prohibition on use of birth control or another means of preventing fertilization.

Title X Abortion Provider Prohibition Act This bill prohibits the Department of Health and Human Services (HHS) from awarding family planning grants to entities that perform abortions or provide funding to other entities that perform abortions. To receive a grant, an entity must certify it will refrain from those activities during the grant period. The bill provides exceptions for abortions (1) in cases of rape or incest; or (2) when the life of the woman is in danger due to a physical disorder, injury, or illness. It also exempts hospitals unless they provide funds to non-hospital entities that provide abortions. HHS must report annually on this prohibition.

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.

Protecting Life in Crisis Act This bill specifies that federal funds allocated for COVID-19 (i.e., coronavirus disease 2019) response efforts may not, in general, be used for abortions. Current law generally prohibits the use of federal funds for abortions through language included in appropriations bills, such as the Hyde Amendment. The bill also restricts the use of federal tax credits or other federal funding for health insurance coverage if the coverage includes abortions.

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.)

Child Interstate Abortion Notification Act This bill creates new federal crimes related to transporting a minor across state lines for an abortion. Specifically, the bill makes it a crime to knowingly transport a minor across a state line to obtain an abortion without satisfying the requirements of a parental involvement law in the minor's resident state. A parental involvement law requires parental consent or notification, or judicial authorization, for a minor to obtain an abortion. The bill prohibits an individual who has committed incest with a minor from knowingly transporting the minor across a state line to receive an abortion. Finally, the bill makes it a crime for a physician to knowingly perform or induce an abortion on an out-of-state minor without first notifying the minor's parent.

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.

Protecting Life in Health Savings Accounts Act This bill prohibits payment of expenses from specified tax-exempt savings accounts, including health savings accounts and health flexible spending arrangements and reimbursement arrangements, for abortions, except for abortions to end a pregnancy due to rape or incest or to protect the life or health of the mother.