Rep. Doug LaMalfa

American Tech Workforce Act of 2021 This bill eliminates the Optional Practical Training Program and modifies requirements for H-1B visas (nonimmigrant workers in specialty occupations and fashion models). (The Optional Practical Training Program provides an eligible F-1 student visa holder temporary employment authorization before or after completion of the student's studies, or both.) Under this bill, the employer must pay an H-1B visa holder the greater of (1) the annual wage paid to a U.S. worker who did identical or similar work in the two years before the employer's H-1B application; or (2) $110,000, with this amount to be adjusted annually for inflation. Currently, the H-1B visa holder must be paid the greater of (1) the employer's actual wage for similarly qualified U.S. workers in the specific position, or (2) the local prevailing wage for the occupational classification. The bill also removes a requirement for the employer to provide the visa holder with working conditions such that the working conditions of similarly employed workers will not be affected. The bill imposes limits on assigning H-1B visa holders to third-party work sites, such as limiting the visa validity period to one year if the visa holder performs any part of their assignment at a third-party work site. The bill requires the H-1B applications with the highest listed compensation to be granted before those with lower listed compensation.

No More Free Ride Act This bill bars certain non-U.S. nationals ( aliens under federal law) from becoming a U.S. citizen or receiving any federal public benefits. Specifically, this prohibition shall apply to a non-U.S. national who (1) entered the United States unlawfully, and (2) received a payment as part of a settlement of a lawsuit for harm the individual sustained as a result of immigration enforcement.

Halt All Lethal Trafficking of Fentanyl Act or the HALT Fentanyl Act This bill places fentanyl-related substances as a class into 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. Additionally, the bill establishes a new, alternative registration process for schedule I research that is funded by the Department of Health and Human Services or the Department of Veterans Affairs or that is conducted under an investigative new drug exemption from the Food and Drug Administration. The bill also makes several other changes to registration requirements for conducting research with controlled substances, including permitting a single registration for related research sites in certain circumstances, waiving the requirement for a new inspection in certain situations, and allowing a registered researcher to perform certain manufacturing activities with small quantities of a substance without obtaining a manufacturing registration.

Ending Payments to Non-American Citizens Act This bill prohibits making amounts from the Judgment Fund available to an alien who is not a lawful permanent resident unless specifically authorized by law. (The Judgment Fund is an account for paying judgments and settlements against the United States.)

Restoring America's Leadership in Innovation Act of 2021 This bill revises several aspects of patent law. The bill changes the U.S. patent system back to a first-to-invent system, in which the first inventor to conceive of an invention is entitled to a patent. Currently, the first person to file an application that meets all the necessary requirements is entitled to the patent. Several types of administrative patent challenge proceedings are abolished, as well as the Patent and Trademark Office (PTO) body that decides those proceedings. The bill relaxes the standard for what constitutes patent-eligible subject matter. The only ineligible inventions shall be those that exist in nature independent or prior to human activity or that exist solely in the human mind. The bill also makes it easier for a patent owner that has won an infringement case in court to secure a permanent injunction against the infringing defendant. Specifically, there shall be a presumption that further infringement would cause irreparable harm to the prevailing patent owner, and the burden shall be on the infringer to prove otherwise. (Currently, a prevailing patent owner seeking a permanent injunction must prove, among other things, that further infringement would cause irreparable harm.) The bill limits what types of publications shall be treated as prior art that could be used to make an invention be considered to be anticipated or obvious (and therefore not patentable). The bill authorizes the PTO to keep and spend all the fees that it collects.

Illegal Immigrant Payoff Prohibition Act This bill prohibits the payment of a settlement to an alien for a civil action brought against the United States in connection with the alien's inadmissibility to, or unlawful presence in, the United States.

Defending Students' Civil Rights Act of 2021 This bill prohibits the use of critical race theory or critical race pedagogy in any federally funded program or activity. Specifically, the bill includes the use of critical race theory or critical race pedagogy as a violation of Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, or national origin in federally funded programs or activities. The bill defines critical race pedagogy as the separation of students or teachers, or the assignment of characteristics or assumptions, based on race, color, or national origin. The bill defines critical race theory as a curriculum that establishes specified principles relating to race or sex, including that (1) one race or sex is inherently superior to another, (2) the United States is fundamentally racist or sexist, and (3) an individual bears responsibility for the past actions of others of the same race or sex.

Taliban Rare Earth Minerals Sanctions Act This bill requires the President to impose sanctions on foreign individuals and entities that knowingly engage in a significant transaction that concerns the rare earth mineral sector of Afghanistan. The President must impose property-blocking sanctions on such foreign individuals and entities, as well as visa-blocking sanctions on the individuals.

Teleabortion Prevention Act of 2021 This bill restricts the use of telehealth for chemical abortions (also known as medication abortions). Specifically, it requires a provider who dispenses or prescribes medication for a chemical abortion to physically examine the patient, be physically present at the location of the chemical abortion, and schedule a follow-up visit. The bill provides an exception for a chemical abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, illness, injury, or condition. The bill establishes criminal penalties—a fine, a prison term of up to two years, or both—for a provider who does not comply with the requirements. A patient who undergoes a chemical abortion may not be prosecuted.

No Frivolous Application for Short-Barreled Shotguns Act or the NFA SBS Act This bill removes certain short-barreled shotguns from the definition of firearms for purposes of the National Firearms Act. It also eliminates the prohibition on the sale or transportation of such shotguns in interstate commerce and treats persons who acquire or possess a short-barreled shotgun as meeting the registration or licensing requirements for such shotguns where such requirements are determined by reference to the National Firearms Act. The bill preempts state or local laws that impose a tax or recordkeeping requirements on short-barreled shotguns. The Department of Justice must destroy records relating to the registration of shotguns described by this bill within one year after the enactment of this bill.