Fifth Amendment Integrity Restoration Act of 2021 or the FAIR Act This bill revises federal laws governing civil asset forfeiture. Specifically, the bill makes various changes to the general rules governing civil forfeiture proceedings. Among the changes, the bill requires counsel for an indigent property owner regardless of whether the owner requests counsel, raises the evidentiary standard from preponderance of the evidence to clear and convincing evidence, and sets forth factors courts must consider in determining whether a forfeiture of facilitating property is excessive. Additionally, the bill eliminates statutory authority for equitable sharing and directs forfeiture proceeds to be deposited into the general fund of the Treasury instead of the Department of Justice Assets Forfeiture Fund. Finally, the bill makes changes with respect to the civil forfeiture of money involved in structuring offenses (i.e., structuring currency transactions to evade currency reporting requirements). Among the changes, the bill specifies an evidentiary standard of knowingly for structuring offenses, and requires a prompt probable cause hearing following the seizure of money involved in a structuring offense.
Securing Urgent Resources Vital to Indian Victim Empowerment Act or the SURVIVE Act This bill establishes a grant program through which the Department of Justice's Office for Victims of Crime must make grants for Indian tribes to provide programs and services to crime victims. These programs and services include domestic violence shelters, rape crisis centers, child abuse programs, child advocacy centers, elder abuse programs, medical care, legal services, relocation assistance, and transitional housing. In addition, the bill makes 5% of the Crime Victims Fund available for these grants.
Lower Costs, More Cures Act of 2021 This bill establishes and modifies several programs and requirements to address prescription drug prices. The bill modifies provisions under Medicare and Medicaid relating to prescription drug coverage and price transparency. Among other changes, the bill requires the Centers for Medicare & Medicaid Services to publish certain information, as reported by pharmacy benefit managers (PBMs), relating to generic dispensing rates, drug discounts and rebates, and payments between PBMs, health plans, and pharmacies; caps annual out-of-pocket spending under the Medicare prescription drug benefit; allows prescription drug plan sponsors under the Medicare prescription drug benefit to offer additional plans in a region; requires pass-through pricing models, and prohibits spread-pricing, for payment arrangements with PBMs under Medicaid; and allows states to include in the Medicaid Drug Rebate Program covered outpatient drugs that are provided as part of physician or outpatient hospital services. The bill also generally modifies other provisions relating to the regulation and costs of generic and brand-name drugs. Among other changes, the bill prohibits the manufacturer of a brand-name, generic, or biosimilar drug from entering into certain agreements to resolve or settle a patent infringement claim in connection with the sale of a drug or biological product; permanently allows high deductible health plans to waive deductibles for insulin and associated products; and establishes the position of Chief Pharmaceutical Negotiator in the Office of the U.S. Trade Representative.
Maximum Pressure Act This bill expands sanctions and economic penalties on Iran. It also restricts the President from unilaterally lifting or waiving the sanctions or penalties and increases congressional oversight of them. Specifically, the bill requires the President to impose visa- and asset-blocking sanctions. Additionally, it modifies existing sanctions, including by (1) providing statutory authority for executive orders imposing sanctions; (2) applying sanctions to additional sectors of Iran's economy; and (3) broadening sanctionable conduct to cover, for example, assisting Iran with the acquisition of ballistic missiles and the complicity of Iranian officials in human rights violations in specified countries. The bill also requires reporting on licenses that authorize activities subject to sanctions. The bill prohibits U.S. representatives at the International Monetary Fund from voting to allow Iran's access to special drawing rights (a currency support tool) and places restrictions on financial transactions with Iran. The restrictions include requiring domestic financial institutions to implement special measures with respect to foreign financial institutions that conduct significant transactions connected to the Instrument in Support of Trade Exchanges (a European mechanism that bypasses U.S. sanctions when carrying out trade with Iran). The Department of State must maintain the Islamic Revolutionary Guard Corps' designation as a terrorist organization and must designate Ansharallah (or Houthis), which operates in Syria, as a foreign terrorist organization. The bill also requires reports on U.S. sanctions concerning Iran, the status of Iran's nuclear weapons program, and other matters.
Sunshine for Regulatory Decrees and Settlements Act of 2021 This bill establishes transparency and public accountability standards for federal agencies with respect to (1) certain civil actions seeking to compel agency action, and (2) related consent decrees and settlement agreements. For example, an agency must publish a complaint filed against it within 15 days. Additionally, settlement proceedings must be conducted through mediation or an alternative dispute resolution program of the court, and those proceedings must include intervening parties. The bill also creates a presumption in favor of a motion to intervene in settlement proceedings. Further, at least 60 days prior to entering a consent decree or settlement agreement, an agency must publish, and accept and respond to public comment on, the proposed agreement or decree. An agency also must provide the court with the administrative record, a summary of the public comments, and access to the record of any public hearings on the proposed decree or agreement. The Department of Justice, or the agency litigating a matter independently, must certify to the court its approval of certain terms included in an agreement or decree, including terms that convert a discretionary authority into a nondiscretionary duty. A court may not approve a consent decree or settlement agreement unless the agency has sufficient time and procedures to comply with federal administrative procedures, other rulemaking statutes, and applicable executive orders. Finally, courts must review a consent decree or settlement if an agency files a motion to modify the decree or agreement on the basis of changed facts or circumstances.
American Critical Mineral Independence Act of 2021 This bill provides support for a domestic supply of critical minerals, establishes deadlines to complete the environmental review of critical mineral projects on federal land, and sets forth related requirements to expedite the review of such projects under the National Environmental Policy Act of 1969 (NEPA). Specifically, the National Science Foundation must award grants to support research to advance critical mineral mining strategies and technologies. The Department of Energy must also provide grants to research, develop, and assess technologies and techniques to recover critical minerals from mine waste and metallurgical activities. If an environmental assessment or environmental impact statement is required for a critical mineral project, then all necessary federal review and permit considerations must be completed within 18 or 24 months, respectively. However, the review may exceed the time limit if the project sponsor agrees. The lead agency of the environmental review of such project must allow a state or another appropriate entity to assume certain federal responsibilities regarding the environmental review of the project upon the request of such entity. Further, the bill authorizes a lead agency to determine that the requirements of NEPA have been satisfied if a state or federal agency acting under state or federal law has addressed specified factors. If the lead agency does not make such a determination, then the agency must enter into an agreement with the project sponsor to set time limits for each part of the permitting process.
Silencers Help Us Save Hearing Act or the SHUSH Act This bill modifies the treatment of silencers under federal statutes governing the sale, transfer, and possession of firearms. Specifically, it removes silencers from the list of firearms subject to regulation (i.e., registration and licensing requirements) under the National Firearms Act (NFA). Additionally, it excludes a muffler or silencer from the list of firearms subject to regulation (e.g., background check requirements) under the Gun Control Act of 1968 (GCA). Finally, the bill does the following: preempts state or local laws that tax or regulate firearm silencers, specifies that a person who lawfully acquires or possesses a silencer under provisions of the GCA meets the registration and licensing requirements of the NFA, eliminates mandatory minimum prison terms for a crime of violence or drug trafficking offense in which a defendant uses or carries a firearm equipped with a silencer or muffler, and permits active and retired law enforcement officers to carry a concealed silencer.
Healthcare Workforce Resilience Act This bill makes previously unused immigrant visas available to nurses and physicians who petition for such a visa before the date that is 90 days after the end of the declared national emergency relating to the COVID-19 (i.e., coronavirus disease 2019) outbreak. The number of visas available shall be the total number of unused employment-based immigrant visas from FY1992-FY2020, up to 40,000. Of such visas, 25,000 shall be reserved for nurses and 15,000 for physicians. Certain family members may accompany the principal beneficiary of a visa provided under this bill, and visas for such family members shall (1) be made available from the unused visas from FY1992-FY2020, and (2) not be counted against the 40,000 cap. Visas provided under this bill shall be exempt from per-country limitations.
Asylum Abuse Reduction Act This bill places restrictions on aliens seeking asylum and contains provisions related to immigration enforcement. Under this bill, an asylum seeker who arrives at a U.S. land port of entry without entry documents may not be admitted unless an asylum officer at a U.S. embassy or consulate has interviewed the alien and has concluded that the alien (1) has been persecuted in the alien's country of nationality due to their race, religion, or other characteristics; (2) has a credible fear of persecution if they returned to that country; or (3) would be tortured by the government upon return to that country. (Currently, an alien arriving at a port of entry may apply for asylum and an immigration officer there typically will give the alien a credible fear interview.) Furthermore, an alien who traveled through a third country to enter the United States through the southern border shall be ineligible for asylum unless (1) the alien has applied for and been denied asylum or protection in that third country, (2) the alien was a victim of severe human trafficking, or (3) the third country is not party to certain international agreements relating to refugees. Each federal judicial district shall appoint at least one judge to issue arrest warrants for individuals violating orders to depart, upon a showing of probable cause. Under this bill, the Flores agreement (a lawsuit settlement which imposes various requirements relating to the treatment of alien minors detained for immigration-related purposes) shall not apply.
Prohibiting IRS Financial Surveillance Act This bill prohibits the Department of the Treasury from requiring a financial institution to report the transfers into and out of a financial account. This prohibition does not apply to laws or regulations in effect on October 1, 2021.
Indian Programs Advance Appropriations Act of 2021 This bill authorizes advance appropriations for several covered appropriations accounts of (1) the Bureau of Indian Affairs and the Bureau of Indian Education within the Department of the Interior, and (2) the Indian Health Service within the Department of Health and Human Services. The advance appropriations provide new budget authority that first becomes available for the first fiscal year after the budget year. The covered accounts within the Bureau of Indian Affairs are (1) Operation of Indian Programs, (2) Contract Support Costs, (3) the Indian Guaranteed Loan Program, (4) Construction, and (5) Payments for Tribal Leases. The covered accounts within the Bureau of Indian Education are (1) Operation of Indian Education Programs, and (2) Education Construction. The covered accounts within the Indian Health Service are (1) Indian Health Services, (2) Contract Support Costs, (3) Payments for Tribal Leases, and (4) Indian Health Facilities. The bill also requires the President's budget and the supporting documents submitted to Congress to include detailed estimates related to the advance appropriations.
This resolution honors Gibraltar's contribution to advancing U.S. security interests in the Mediterranean region and expresses support for the people of Gibraltar.
