Sen. Ted Cruz

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.

Cancel the Coin Act This bill prohibits the Department of the Treasury from minting or issuing any coin, including platinum bullion coins and proof platinum coins, having a nominal or face value exceeding $200.

Reciprocity Ensures Streamlined Use of Lifesaving Treatments Act of 2021 This bill establishes a reciprocal marketing approval process that allows for the sale of a drug, biological product, or medical device that has not been approved by the Food and Drug Administration (FDA) if the product is approved for sale in another country and there is an unmet need. Specifically, the bill requires the product's sponsor to demonstrate, among other things, that (1) the product has been approved in one of the specified countries, (2) neither the FDA nor any of the specified countries have withdrawn approval for the product because of safety or effectiveness concerns, and (3) there is a public health or unmet medical need for the product. The FDA may decline approval if the FDA determines that the product is not safe or effective. The FDA may condition reciprocal approval on the conduct of postmarket studies. The FDA must issue a decision on whether to grant a request for reciprocal marketing approval within 30 days of receiving the request. Congress may pass a joint resolution to grant reciprocal marketing approval of a product that the FDA declines to approve through the reciprocal process.

Equal Access to Care Act This bill temporarily authorizes a health care provider who is physically located and duly licensed in one state to provide telehealth services to individuals in one or more additional states in which the provider is not licensed during the COVID-19 (i.e., coronavirus disease 2019) emergency period.

Personalized Care Act of 2021 This bill revises provisions relating to health savings accounts (HSAs), including to redefine eligible individual for HSA purposes to allow increased participation in HSAs, increase the limit on contributions to HSAs, permit the payment of health insurance premiums from HSAs, include within the definition of qualified medical expenses periodic fees paid for medical services and amounts paid by a member of a health care sharing ministry, treat periodic provider fees as deductible medical expenses, and lower the 20% penalty for nonqualified distributions from HSAs to 10%.

Keystone XL Pipeline Construction and Jobs Preservation Act This bill authorizes the TransCanada Keystone Pipeline to construct, connect, operate, and maintain the pipeline facilities in Phillips County, Montana, for the import of oil from Canada to the United States.

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.

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.

Women's Public Health and Safety Act This bill allows a state to exclude from participation in the state's Medicaid program a provider that performs an abortion, unless (1) the pregnancy is the result of rape or incest, or (2) the woman suffers from a physical issue that would place her in danger of death unless an abortion is performed. Under current law, a state plan for medical assistance must provide that any individual eligible for medical assistance may obtain required services from any provider qualified to perform them.