Sen. Michael F. Bennet

Ensuring Timely Access to Generics Act of 2021 This bill imposes requirements related to third-party petitions concerning an application for Food and Drug Administration (FDA) approval to market a generic drug or biosimilar. (The current statute refers to these petitions as citizen petitions , which typically involve requests that the FDA take certain actions, such as requiring additional warnings on a drug.) Under the bill, the FDA may deny a citizen petition that (1) was submitted primarily to delay the approval of the relevant application, or (2) does not on its face raise valid scientific or regulatory issues. Currently, the FDA may deny a petition as an attempt at delay only if the petition meets both of these requirements. The bill also requires the FDA to establish procedures for referring such a delaying petition to the Federal Trade Commission. The bill also expressly requires a third party, before filing a lawsuit to force the FDA to set aside or prevent market approval of a generic drug or biosimilar, to first file a citizen petition with the information and arguments that form the basis of the lawsuit. A citizen petition must be filed within 60 days of when the filer knew or reasonably should have known the information that forms the basis of the petition.

Nutrition Counseling Aiding Recovery for Eating Disorders Act of 2021 or the Nutrition CARE Act of 2021 This bill provides for Medicare coverage of medical nutrition therapy services for individuals with eating disorders. Such services must be furnished by a registered dietitian or nutrition professional pursuant to a referral from a physician, psychologist, or other authorized mental health professional.

Protecting Domestic Violence and Stalking Victims Act of 2021 This bill establishes new federal firearms restrictions for individuals who are convicted of misdemeanor stalking offenses. The bill expands the categories of persons who are prohibited from receiving, possessing, shipping, or transporting a firearm or ammunition. Specifically, it adds a new category of prohibited persons: persons convicted of a misdemeanor crime of stalking. The term misdemeanor crime of stalking means a misdemeanor stalking offense under federal, state, tribal, or municipal law and a course of harassment, intimidation, or surveillance of another person that (1) places such person in reasonable fear of harm to themselves, an immediate family member, a household member, or a spouse or intimate partner (including a current or former dating partner); or (2) causes emotional distress to such person. The bill also specifically prohibits dating partners who are convicted of a misdemeanor crime of domestic violence or who are subject to certain restraining orders from receiving, possessing, shipping, or transporting a firearm or ammunition. Currently, such restrictions generally only apply to spouses, co-parents, and cohabitants.

Fund for Innovation and Success in Higher Education Act or the FINISH Act This bill establishes and revises programs to increase access to higher education for high-need students, increase their graduation rates, improve the efficiency of postsecondary education, and evaluate higher education programs. Specifically, the bill authorizes the Department of Education to award grants to institutions of higher education (IHEs) and other entities to develop and implement evidence-based innovations, including pay-for-success initiatives, in order to improve postsecondary access and increase graduation rates of high-need students; approve up to five pay-for-success pilot initiatives each fiscal year to allow IHEs and private entities to use grants for improvement of student outcomes; and independently evaluate the effectiveness and efficiency of all higher education grant programs. The bill also encourages IHEs to make all forms of postsecondary instructional content, including open educational resources (e.g., textbooks), widely available. Open educational resources either reside in the public domain or have been released under a copyright license that permits their free use, reuse, modification, and sharing with others.

Butch Lewis Emergency Pension Plan Relief Act of 2021 This bill modifies the funding rules and provides financial assistance for certain pension plans that are underfunded or insolvent. First, the bill expands the authority of, and provides funding for, the Pension Benefit Guaranty Corporation (PBGC) to provide special partition assistance to a multiemployer pension plan that is insolvent or at risk of insolvency. The bill expands eligibility for partition assistance, provides funding for a plan to reach a projected funded ratio of 80% over a 30-year period, and does not require a plan to repay such assistance. The bill further permits a multiemployer pension plan to elect to retain its funding zone status from the previous year for either (1) the first plan year beginning during the period from March 1, 2020, through February 28, 2021; or (2) the next succeeding plan year, as designated by the plan sponsor. A plan may also extend by five years the funding improvement or rehabilitation period if the plan is designated as in endangered or critical status for a plan year beginning in 2020 or 2021. A plan in critical and declining status may not suspend payment of plan benefits. Additionally, the bill adjusts the minimum funding standards for a multiemployer pension plan to account for investment losses and other losses related to the COVID-19 pandemic and modifies the PBGC guarantee formula to increase the maximum potential benefits under a multiemployer pension plan.

Rural Wind Energy Modernization and Extension Act of 2021 This bill expands the energy tax credit to include qualified distributed wind energy property. The bill defines qualified distributed wind energy property to include property that uses one or more wind turbines used to produce electricity in a single project with a total nameplate capacity not exceeding 10 megawatts.

Background Check Expansion Act This bill establishes new background check requirements for firearm transfers between private parties (i.e., unlicensed individuals). Specifically, it prohibits a firearm transfer between private parties unless a licensed gun dealer, manufacturer, or importer first takes possession of the firearm to conduct a background check. The prohibition does not apply to certain firearm transfers, such as a gift between spouses in good faith.

This concurrent resolution commends the service and professionalism of the U.S. Capitol personnel who ensured Congress was able to continue operating in the wake of the security breach on January 6, 2021, and it expresses appreciation for the members of the news media reporting on the work of Congress despite the risk to their own safety.

Improving Health Insurance Affordability Act of 2021 This bill expands the eligibility of taxpayers for the refundable tax credit for coverage under a qualified health plan and increases cost-sharing subsidies under the Patient Protection and Affordable Care Act.

Unemployment Insurance Technology Modernization Act of 2021 This bill requires the Department of Labor to study and report on the technology needs of federal and state unemployment compensation programs. Based on this study, Labor must develop, operate, and maintain a modular set of technology capabilities to modernize the delivery of unemployment compensation. Before the deployment of the technology capabilities to all states, Labor must select at least four states to participate in a pilot program to test the technology capabilities and demonstrate that they meet requirements. The bill establishes accessibility requirements for filing online unemployment compensation claims. In addition, it prohibits the technology capabilities from relying solely on a high-risk automated decision system to (1) deny a claim for unemployment compensation, (2) reduce the amount of unemployment compensation for which a claimant is eligible, or (3) deny a claimant's right to appeal an unemployment compensation decision.