Sen. James E. Risch

This concurrent resolution calls for honoring the 235th anniversary of the enactment of the Virginia Statute for Religious Freedom on Religious Freedom Day, January 16, 2021. The resolution affirms that religious freedom includes the right of individuals of any faith and individuals of no faith to live, work, associate, and worship in accordance with their beliefs; all people of the United States can be unified in supporting religious freedom because it is a fundamental human right; and the American people will remain forever unshackled in matters of faith.

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.

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.

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.

First Responder Fair Return for Employees on Their Initial Retirement Earned Act of 2021 or the First Responder Fair RETIRE Act This bill allows disabled federal first responders (e.g., law enforcement officers, customs and border protection officers, and firefighters) to continue receiving federal retirement benefits in the same manner as though they had not been disabled. Under current law, federal first responders are subject to a mandatory retirement age of 57. To facilitate this earlier retirement, federal first responders are required to pay a greater percentage of their salary towards retirement. Additionally, their annuity amount is calculated at a higher rate than other federal employees. This bill allows a federal first responder to remain in the accelerated retirement system if they are placed in another civil service position outside of that system after returning to work from a work-related injury or illness. Further, if such an employee is separated from service before they are entitled to receive an annuity, they may receive a refund of their accelerated contributions.