Luke and Alex School Safety Act of 2021 This bill requires the Department of Homeland Security (DHS) to establish a Federal Clearinghouse on School Safety Best Practices for use by state and local educational and law-enforcement agencies, institutions of higher education, health professionals, and the public. The bill requires DHS to collect clearinghouse data analytics, user feedback on the implementation of best practices and recommendations identified by the clearinghouse, and any evaluations conducted on these best practices and recommendations. In addition, DHS must coordinate with the Departments of Education, Health and Human Services, and Justice to assess and identify best practices and recommendations and establish an advisory board to provide feedback and propose additional recommendations. Further, the bill specifies the criteria for best practices and recommendations of the clearinghouse, including evidence that the best practice or recommendation has had a significant effect on improving the health, safety, and welfare of individuals in school settings. Finally, the bill provides for grant program review.
Border Crisis Prevention Act of 2021 This bill imposes additional requirements on asylum seekers, increases certain time limits related to detained aliens, and addresses other immigration-related issues. The Department of Homeland Security (DHS) must detain certain aliens, such as an alien convicted of an aggravated felony or believed to be a trafficker of controlled substances, beyond certain time limits for detaining an alien. The bill also provides for additional instances when DHS may extend the 90-day removal period (generally the window in which DHS has to remove an alien after a final order of removal). An alien choosing to appeal mandatory detention or detention as part of a removal period extension may do so only by filing for a writ of habeas corpus. DHS shall establish a process to determine whether an alien not subject to mandatory detention and who has tried to comply with a removal order should be detained or released with conditions. Furthermore, under this bill, an alien's credible fear of persecution must be more probable than not in order to be eligible for asylum. DHS may also deny asylum to an applying alien and remove the alien to a country that is not the alien's country of nationality, if the alien would be safe and would be able to apply for asylum from that country. (Currently, an asylum applicant may be removed to a third country only if that country is party to an agreement allowing for such removal.) The Department of Justice may appoint 100 additional immigration judges.
Ensuring the Safety of Our Mail Act of 2021 This bill increases from 5 to 10 years the maximum prison term for a defendant who commits mail theft.
Heartbeat Protection Act of 2021 This bill makes it a crime for a physician to knowingly perform an abortion (1) without determining whether the fetus has a detectable heartbeat, (2) without informing the mother of the results, or (3) after determining that a fetus has a detectable heartbeat. It provides an exception for an abortion that is necessary to save the life of a mother whose life is endangered by a physical (but not psychological or emotional) disorder, illness, or condition. A physician who performs a prohibited abortion is subject to criminal penalties—a fine, up to five years in prison, or both. A woman who undergoes a prohibited abortion may not be prosecuted for violating or conspiring to violate the provisions of this bill.
Blocking Rioters and Insurrectionists from our Cities to Keep us Safe Act of 2021 or the BRICKS Act of 2021 This bill increases criminal penalties for rioting and related offenses (e.g., inciting a riot). First, the bill increases from 5 to 10 years the statutory maximum prison term for a rioting offense. Second, it establishes higher statutory maximum penalties for rioting offenses that involve certain aggravating characteristics. Specifically, it provides a prison term of up to 25 years for a rioting offense that results in serious bodily injury or includes a dangerous weapon, explosives, or fire; and a prison term of any years or for life for a rioting offense that results in death or includes kidnapping, attempt to kidnap, aggravated sexual abuse, attempt to commit aggravated sexual abuse, or attempt to kill.
Security Clearance Review Act This bill imposes security-related requirements with respect to political appointees in the Executive Office of the President. Under this bill, such a political appointee (1) may be employed in the office only if the appointment is clearly consistent with national security; and (2) may not have a security clearance or access to classified information unless the Federal Bureau of Investigation (FBI) grants such clearance or access, unless the President nullifies the FBI's decision to deny clearance or access. If the President nullifies the FBI's decision to deny clearance or access to such an appointee, the President must report to Congress within 30 days explaining the reasons for the nullification.
Closing the Loophole on Interstate Firearm Sales Act This bill restricts the sale or transfer of shotguns and rifles across state lines. Specifically, it prohibits a licensed gun dealer, manufacturer, importer, or collector from selling or transferring a rifle or shotgun to an out-of-state resident. Current law allows such sales or transfers if both parties meet in person to conduct the transaction and if the transaction complies with the laws of both states.
Abby Honold Act This bill directs the Office on Violence Against Women within the Department of Justice to make competitive grants to law enforcement agencies and victim services organizations to implement evidence-based, trauma-informed approaches in responding to and investigating domestic violence, dating violence, sexual assault, or stalking.
Just and Unifying Solutions To Invigorate Communities Everywhere Act of 2021 or the JUSTICE Act This bill addresses policies and issues regarding policing practices and law enforcement accountability. The bill funds state and local grants, incentivizes state and local reporting on the use of certain policing practices, creates new federal offenses for certain misconduct, and establishes best practices and training requirements. The bill funds state and local grants, including to support the use of body-worn cameras, to implement information sharing systems for disciplinary records of law enforcement officers, and to prohibit officers from engaging in sexual acts under color of the law. Further, it requires state and local governments that receive grants under the Edward Byrne Memorial Justice Assistance Grant program to report information related to use-of-force incidents and the use of no-knock warrants. At the federal level, the bill establishes new criminal offenses related to falsifying police reports and engaging in sexual acts under color of law. The bill directs the Department of Justice to develop training on de-escalation tactics, behavioral health crises, alternatives to the use of force, and the duty to intervene when another officer uses excessive force. Finally, the bill establishes and funds the National Criminal Justice Commission. Among other tasks, the commission must develop best practices for policing tactics and procedures.
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.
Pandemic Treatment Access and Affordability Act of 2021 This bill imposes licensing and price restrictions on federally supported drugs and other medicines intended to address COVID-19 (i.e., coronavirus disease 2019) or other public health emergencies. With respect to a COVID-19 drug patent developed using certain types of federal support, any license granted by the federal government shall be open and nonexclusive. Similarly, a licensee or assignee for such a patent shall grant open nonexclusive licenses for the patent. An entity that receives a license shall pay reasonable royalties to (1) the patent holder, or (2) the owner of marketing exclusivity rights granted by the Food and Drug Administration (FDA) that were terminated under this bill. The bill requires that such drugs be offered at a fair and reasonable price based on certain considerations, such as access. If the Department of Health and Human Services (HHS) finds that the price of any drug to address a public health emergency is excessive, HHS must void any FDA-granted exclusivity for the drug and grant open and nonexclusive licenses to other manufacturers. Such licenses are subject to reasonable royalty requirements.
COVID-19 Justice and Accountability Act This bill provides a cause of action for harm suffered as a result of a violation of certain federal laws relating to COVID-19 (i.e., coronavirus disease 2019) and suspends certain predispute arbitration agreements and joint-action waivers during the COVID-19 public health emergency. Specifically, individuals may bring a cause of action in U.S. district court against any person for harm suffered as a result of a violation of, or a failure to comply with, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the Families First Coronavirus Response Act, or the Coronavirus Response and Relief Supplemental Appropriations Act, 2021. Further, during the COVID-19 public health emergency period and 180 days thereafter, no predispute arbitration agreement or joint-action waiver (an agreement to waive the right to participate in a joint, class, or collective action) is valid or enforceable with respect to employment, consumer, antitrust, or civil rights disputes.
