Cutting Unnecessary Regulatory Burdens Act This bill generally requires agencies to repeal at least two rules before promulgating a major rule (i.e., a rule with a significant economic impact, cost to consumers, or adverse effects on competition). Further, unless required by law, an agency may not issue a rule that exceeds the total cost of the rules to be repealed without approval by the Office of Management and Budget. These requirements do not apply to major rules related to agency procedures, the Armed Forces, national security, or foreign affairs.
Second Amendment is Essential Act of 2021 This bill directs the Department of Homeland Security to designate the business of importing, manufacturing, or dealing firearms, or importing or manufacturing ammunition, as a critical infrastructure sector. Additionally, the bill states that individuals who are employed by those entities are critical infrastructure workers. The term critical infrastructure means systems and assets, physical or virtual, so vital to the United States that the incapacity or destruction of such systems and assets would have a debilitating impact on security, national economic security, national public health and safety, or any combination of those matters.
Responsible Practical Training Act of 2021 This bill imposes limits on the Optional Practical Training program and addresses related issues. (The program provides an F-1 student visa holder temporary employment authorization before or after completion of the student's studies, or both. Currently, an eligible alien may receive up to 12 months of employment authorization under the program, with a 24-month extension available to certain individuals with degrees in certain fields related to science, technology, engineering, or math.) Specifically, the bill requires the Department of Homeland Security to issue regulations to (1) limit the program to six months and eliminate any extensions; and (2) exclude from the program any alien with a degree or working in a sensitive field, such as military-related fields. The Department of Labor must conduct a wage analysis of the Optional Practical Training program and Curricular Practical Training program. The analysis must include a determination as to whether the aliens in the programs received wages appropriate for the type and location of employment.
H-2B Returning Worker Exception Act of 2021 This bill modifies the H-2B (temporary nonagricultural workers) nonimmigrant visa program, including by exempting certain workers from an annual numerical limit on such visas and requiring civil penalties for program violations. Under this bill, if a worker seeking a H-2B visa has been counted toward the 66,000 annual cap on such visas in one of the three preceding fiscal years, that worker shall not be counted against the cap again. Furthermore, the Department of Homeland Security (DHS) must impose a civil monetary penalty on an employer for (1) failing to meet requirements related to an H-2B visa petition, or (2) making a willful misrepresentation of material fact in such a petition. DHS must also ensure the establishment of an electronic platform (1) for employers to submit and request approval of an H-2B petition, and (2) to act as a single point of access for applicants and the relevant government agencies. The Department of Labor must maintain a publicly available online database of all job orders by H-2B employers. Furthermore, Labor may take certain actions to enforce program requirements, such as imposing penalties and seeking injunctions. The bill provides statutory authority for the current practice of limiting the program to workers who are nationals of countries approved by DHS. DHS may make exceptions to this limitation in individual cases if it is in the U.S. interest to do so. DHS shall select approved countries based on various factors, such as the rate of overstay by H-2B visa holders from each country.
Fair Representation Act This bill sets forth provisions related to ranked choice voting (a system in which voters rank candidates in order of preference) and congressional redistricting. Specifically, the bill requires (1) that ranked choice voting be used for all elections for Senators and Members of the House of Representatives, (2) that states entitled to six or more Representatives establish districts such that three to five Representatives are elected from each district, and (3) that states entitled to fewer than six Representatives elect all Representatives on an at-large basis. The bill also requires that congressional redistricting be conducted in accordance with a plan developed by (1) a state-established independent commission; or (2) if such a commission fails to enact a plan, a three-judge panel from a U.S. District Court. Further, the bill directs the Election Assistance Commission to make payments to states to implement ranked choice voting and carry out congressional redistricting.
Firearm Due Process Protection Act This bill expands the grounds for pursuing judicial remedies related to certain firearm transfers. Additionally, the bill establishes procedural rules applicable to actions for judicial remedies. Current law authorizes judicial remedies for an individual who is erroneously denied a firearm (e.g., an individual is denied a firearm but the individual is eligible to receive or possess a firearm). This bill authorizes remedies for an individual who experiences an extended delay (i.e., a delay of more than 60 days) on a firearm transfer. Additionally, the bill requires an expedited hearing on an action for judicial remedies and places the burden of proof on the respondent to show by clear and convincing evidence that the individual was ineligible to receive or possess a firearm.
Greater Leadership Overseas for the Benefit of Equality Act of 2021 or the GLOBE Act of 2021 This bill contains provisions related to (1) the protection of LGBTQI individuals globally; and (2) immigration protections for vulnerable individuals. The bill establishes (1) an interagency group to respond to urgent threats to LGBTQI people in foreign countries, and (2) a permanent Special Envoy for the Human Rights of LGBTQI Peoples in the Department of State. The President shall impose visa-blocking sanctions on foreign persons responsible for violating the human rights of individuals based on sexual orientation, gender identity, or sex characteristics. The State Department shall establish the Global Equality Fund to provide assistance to nongovernmental organizations working to advance and protect human rights. The U.S. Agency for International Development shall establish the LGBTQI Global Development Partnership to work with the private sector and nongovernmental organizations to support LGBTQI rights. The bill removes prohibitions against providing foreign assistance to nongovernmental organizations that offer certain medical services (e.g., abortion-related services) using non-U.S. government funds. The bill contains several immigration-related provisions, such as those establishing that persecution based on sexual orientation or gender identity may form the basis of an asylum request, allowing certain applicants to file asylum claims more than a year after their arrival in the United States, including a permanent partnership between two partners as a marriage for immigration law purposes, providing for free counsel in certain immigration proceedings, and granting U.S. citizenship to a child born abroad through assistive reproductive technology from a U.S. citizen who is the child's nonbiological parent.
Requirements, Expectations, and Standard Procedures for Effective Consultation with Tribes Act or the RESPECT Act This bill establishes tribal consultation procedures for federal agencies. Specifically, the bill requires federal agencies to consult with tribal governments (1) before undertaking any proposed federal activity or finalizing any federal regulatory action that may have a tribal impact, and (2) for all activities that would affect any part of federal land sharing a border with Indian land. Tribal impact refers to any federal action that may have an impact on tribal governments, including tribal cultural practices and tribal treaty-protected rights. Agencies must prepare tribal impact statements to identify potential tribal impacts of a proposed activity or action. Agencies must also make a good faith effort to identify areas that contain sacred sites important to tribal governments. The bill further outlines consultation requirements, including outreach and meeting arrangements. In general, the consultation shall conclude only upon the execution of a memorandum of agreement between the agency and the tribal government or the members of a designated tribal leader task force. Next, the bill requires agencies to take certain actions during the decision stage for a proposed activity (e.g., public comment) and for a regulatory action. Agencies must recognize and respect tribal self-government and sovereignty and grant tribal governments maximum discretion in the administration of federal statutes and regulations. Tribal governments may seek judicial review of a determination of an agency under this bill if the tribal government has exhausted all other administrative remedies.
Protect Americans from Foreign Criminals Act of 2021 This bill requires the Department of Homeland Security (DHS) to conduct background checks before releasing from custody an alien who is unlawfully present in the United States. Specifically, before releasing such an individual from detention while removal proceedings are pending, DHS must conduct a background check using criminal history databases covering the United States, the individual's country of origin, and any country that the individual transited through. DHS may not release the individual if the individual is (1) facing charges for (or convicted of) an aggravated felony, (2) a member of a criminal street gang, or (3) subject to mandatory detention on various crime- or security-related grounds. Furthermore, DHS must review and determine whether the criminal history databases of countries around the world meet standards for accessibility, accuracy, and other factors. DHS may not release a detained individual if a background check for that individual is required from a country with databases that fail to meet the relevant standards.
Afghan Allies Protection Act of 2021 This bill provides for 4,000 additional special immigrant visas to qualified nationals of Afghanistan who were employed by or on behalf of the United States or the International Security Assistance Force after October 6, 2001. The visa allotment, in addition to any unused allocations of such special immigrant visas since FY2015, shall be available beginning FY2021, and unused visas shall carry over to subsequent fiscal years until exhausted.
Conrad State 30 and Physician Access Reauthorization Act This bill modifies the Conrad 30 Waiver program, which incentivizes qualified foreign physicians to serve in underserved communities. It also extends statutory authority for the program for three years from this bill's enactment. Aliens coming to the United States under a J-1 nonimmigrant visa to receive medical training typically must leave the country and reside for two years abroad before being eligible to apply for an immigrant visa or permanent residence. The Conrad program waives this requirement for individuals who meet certain qualifications, including serving for a number of years at a health care facility in an underserved area. The bill increases the number of waivers that a state may obtain each fiscal year from 30 to 35 if a certain number of waivers were used the previous year, and provides for further adjustments depending on demand. An alien physician may be employed at an academic medical center to meet the Conrad program's employment requirements if the alien's work is in the public interest, even if the medical center is not in an underserved area. Employment contracts for alien physicians under the Conrad program shall contain certain information, such as the maximum number of on-call hours per week the physician shall have to work. Certain alien physicians (along with the physician's spouse and children) shall be exempt from the direct annual numerical limits on immigration, including those physicians that have met certain requirements related to visas for physicians to serve in underserved areas.
Extreme Risk Protection Order Act of 2021 This bill establishes grants to support the implementation of extreme risk protection order laws at the state and local levels, extends federal firearms restrictions to individuals who are subject to extreme risk protection orders, and expands related data collection. Extreme risk protection order laws, or red flag laws, generally allow certain individuals (e.g., law enforcement officers or family members) to petition a court for a temporary order that prohibits an at-risk individual from purchasing and possessing firearms. Among its provisions, the bill directs the Office of Community Oriented Policing Services within the Department of Justice to establish a grant program to help states, local governments, Indian tribes, and other entities implement extreme risk protection order laws; extends federal restrictions on the receipt, possession, shipment, and transportation of firearms and ammunition to individuals who are subject to extreme risk protection orders; and requires the Federal Bureau of Investigation to compile (and later destroy) records from federal, tribal, and state courts and other agencies that identify individuals who are subject to extreme risk protection orders.
