Rep. Patrick T. McHenry

Fair and Open Competition Act or the FOCA Act This bill prohibits federal construction contracts or controlling documents for federally supported construction projects from requiring or prohibiting project labor agreements. Such documents also may not discriminate against or give preference to a bidder or contractor who signs or refuses to sign a project labor agreement. An agency may exempt a project from this prohibition to avert an imminent threat to public health or safety or to serve the national security.

Food Allergy Safety, Treatment, Education, and Research Act of 2021 or the FASTER Act of 2021 This bill expands the definition of major food allergen for purposes of certain food-labeling requirements to specifically include sesame. In addition, the Department of Health and Human Services must report on certain information related to food allergy research and data collection activities.

Fairness for Craft Beverage Producers Act This bill provides additional economic relief to certain beverage manufacturers in response to COVID-19 (i.e., coronavirus disease 2019). Specifically, the bill gives certain beverage manufacturers (e.g., breweries and wineries that derived at least 35% of their gross annual income during either 2019 or 2020 from in-person sales) access to second draw loans under the Paycheck Protection Program. Further, it makes these beverage manufacturers eligible to receive additional months of subsidized principal and interest payments on certain Small Business Administration loans.

Right to Test Act This bill authorizes a state's public health department, or another entity designated by the state's governor, to approve a diagnostic test or diagnostic device (e.g., a test for the virus that causes COVID-19, or coronavirus disease 2019) for use during a public health emergency. Unless requested by the governor of the state, the Food and Drug Administration (FDA) must not, during the emergency, engage in certain enforcement actions related to such a test or device. Not later than 180 days following the end of the public health emergency, the FDA must review and make a final determination concerning approval of the test or device.

Second Chance at Life Act of 2021 This bill requires abortion providers to disclose information about the possibility of reversing a medication abortion. This is a procedure that uses a medication regimen to terminate a pregnancy, typically with a two-drug protocol.  Providers must inform patients that it may be possible to reverse the effects of a medication abortion after taking the first drug. They must also let patients know that more information and assistance is available on the Department of Health and Human Services (HHS) website. At least 24 hours before the procedure, the provider must share this information with the patient in person or by telephone. The provider must also include the information in written discharge instructions after the first drug is dispensed. The bill sets out an exception to these notification requirements when an abortion is necessary to resolve a physical injury or condition that threatens the life of the woman. The provider must document the circumstances giving rise to the exception in the patient's medical file. Furthermore, providers must post signs with this information in their offices or facilities, and HHS must maintain information about reversing medication abortions on its website.

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.)

Protecting Americans from Unnecessary Spread upon Entry from COVID-19 Act of 2021 or the PAUSE Act of 2021 This bill maintains immigration restrictions put in place under public health emergency authorities to prevent the introduction of COVID-19 (i.e., coronavirus disease 2019) from foreign countries. Specifically, the bill prohibits the Department of Health and Human Services from rescinding or reducing the stringency of the restrictions. It also prohibits the Department of Homeland Security from stopping or reducing enforcement of the restrictions. These prohibitions remain in effect until (1) federal and state COVID-19 emergency orders are lifted, and (2) the risk of introducing COVID-19 in or from Canada and Mexico is minimal.

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.

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.

This bill establishes in the legislative branch the Election Integrity Commission. The commission must (1) study the integrity and administration of the November 2020 general election; and (2) make recommendations to Congress on improving the security, integrity, and administration of federal elections. The commission terminates 30 days after the submission of its final report.