Sen. Tom Cotton

Conscience Protection Act of 2021 This bill provides statutory authority for certain protections for health care providers that refuse to participate in abortions based on religious beliefs or other convictions. Health care providers include individual professionals, medical facilities, health insurance organizations, and social services providers that refer clients to health care services. The federal government and entities that receive federal funding for health-related activities, including state and local governments, may not discriminate against a health care provider that refuses to be involved in, or provide coverage for, abortions. Currently, similar requirements apply to various related activities, including certain employment or personnel decisions (the Church Amendments), abortion services training (the Coats-Snowe Amendment), qualified health plans offered through health insurance exchanges, and annual appropriations bills for the Department of Health and Human Services (HHS) and other federal agencies (the Weldon Amendment). The HHS Office for Civil Rights must investigate complaints of this kind of discrimination. Furthermore, HHS may terminate or reduce HHS funding for health-related activities if a person or entity fails to comply with nondiscrimination requirements. Additionally, the Department of Justice or any entity adversely affected by such discrimination may bring a civil action to obtain appropriate relief. A plaintiff does not need to seek or exhaust administrative remedies before bringing the action. A plaintiff may also bring an action, including one for money damages, against a governmental entity. In many cases, principles of sovereign immunity shield states and some localities from these kinds of actions.

Visa Security Act This bill limits the validity period of B-1 (business visitor) and B-2 (tourist) visas issued to Chinese nationals until the Department of State makes certain certifications to Congress regarding the Chinese government. Specifically, the State Department may not issue such a visa with a validity period of more than one year unless it certifies to Congress that the Chinese government has taken certain actions, including (1) stopping its campaign of economic and industrial espionage against the United States; (2) ending its provocative and coercive behavior towards Taiwan; (3) withdrawing its national security law in Hong Kong and upholding its obligations to respect Hong Kong's autonomy; and (4) ending its systematic oppression of minority ethnic groups in China, including the Uyghurs and Tibetans. (Currently, such visas may be valid for up to 10 years.) These restrictions shall not apply to visa applicants from Taiwan or certain applicants from Hong Kong, generally those Hong Kong residents that the State Department has no reason to believe are acting on behalf of the Chinese government. (Taiwan is self-governing but the Chinese government considers it a part of China, while Hong Kong is a part of China but is supposed to have a largely separate legal and economic system.)

Traditional Cigar Manufacturing and Small Business Jobs Preservation Act of 2021 This bill exempts traditional large and premium cigars from Food and Drug Administration (FDA) regulation and FDA-assessed user fees.

Living Donor Protection Act of 2021 This bill prohibits certain insurance carriers from discriminating against, and provides other protections for, living organ donors. Specifically, carriers may not deny, cancel, or otherwise impose conditions on policies for life insurance, disability insurance, or long-term care insurance based on an individual's status as a living organ donor. The bill also expressly specifies that recovery from organ-donation surgery constitutes a serious health condition that entitles eligible employees to job-protected medical leave. In addition, the Department of Health and Human Services must update educational materials on live organ donation to include information about the benefits of live organ donation and about access to insurance for living organ donors.

This bill modifies the time limit from 150 days to 90 days to file a petition for judicial review of a permit, license, or approval for a highway or public transportation capital project.

No Taxpayer Funding for Paris Climate Agreement Act This bill prohibits the use of any funds to take action providing for the United States to become a party to the Paris Agreement.

Federal Permitting Modernization Act of 2021 This bill revises environmental review requirements under the National Environmental Policy Act of 1969 (NEPA) for certain infrastructure projects. Specifically, this bill establishes deadlines for federal agencies to complete the environmental review of such projects. A court may not issue a temporary restraining order or preliminary injunction against an agency or a project sponsor in connection with the review or authorization of an infrastructure project unless the court determines that (1) the environmental review has failed substantially and materially to comply with the requirements of NEPA, and (2) the failure cannot be cured by supplementing the environmental document or other mitigation and monitoring measures.

Dignity for Aborted Children Act This bill sets out requirements for the disposition of human fetal tissue from an abortion. Specifically, it requires abortion providers to obtain a patient's informed consent for one of two specified methods of disposition. First, patients may choose to retain possession of the tissue. A patient may choose to transfer the tissue to an entity that provides interment or cremation services. Second, the patient may elect to release the tissue to the provider. Providers must ensure any tissue released to them is interred or cremated within seven days of the procedure in a manner consistent with state law regarding the disposal of human remains. Abortion providers must report annually about these requirements and other specified information. The bill provides civil or criminal penalties for violations of disposal, informed consent, and reporting requirements.

Parental Notification and Intervention Act This bill restricts the performance of an abortion on an unemancipated minor under 18 years of age. Specifically, it prohibits a person or organization from performing, facilitating, or assisting with an abortion on an unemancipated minor without first complying with certain requirements, including parental notification and a 96-hour waiting period. It establishes penalties—a fine, up to one year in prison, or both—for each willful violation. A parent who is required to be notified of an abortion of an unemancipated minor may sue in federal court to prohibit the abortion. Parental notification requirements may be waived in a medical emergency or in a case of physical abuse.

Protection of Women and Girls in Sports Act of 2021 This bill makes it a violation of federal law for a recipient of federal funds who operates, sponsors, or facilitates athletic programs or activities to permit a person whose sex is male to participate in an athletic program or activity that is designated for women or girls. The bill specifies that sex shall be recognized based solely on a person's reproductive biology and genetics at birth.