Rep. Maxine Waters

Mental Health Justice Act of 2021 This bill creates a grant program for states and local governments to train and dispatch mental health professionals to respond, instead of law enforcement officers, to emergencies that involve people with behavioral health needs. The Substance Abuse and Mental Health Services Administration (SAMHSA) must manage the program in consultation with the Department of Justice (DOJ). SAMHSA may cancel grants that increase incarceration or institutionalization. Grantees must use funds for purposes including de-escalation and anti-racism training. The Department of Health and Human Services and the DOJ must evaluate this program.

Do No Harm Act This bill prohibits the application of the Religious Freedom Restoration Act of 1993 (RFRA) to specified federal laws or the implementation of such laws. Currently, RFRA prohibits the government from substantially burdening a person's exercise of religion even if the burden results from a rule of general applicability, except in furtherance of a compelling governmental interest when using the least restrictive means. Under the bill, RFRA is inapplicable to laws or the implementation of laws that protect against discrimination or the promotion of equal opportunity (e.g., the Civil Rights Act of 1964); require employers to provide wages, other compensation, or benefits, including leave; protect collective activity in the workplace; protect against child labor, abuse, or exploitation; or provide for access to, information about, referrals for, provision of, or coverage for, any health care item or service. The bill prevents RFRA from being used to deny (1) goods or services the government has contracted, granted, or made an agreement to provide to a beneficiary of or participant in a program or activity funded by such government contract, grant, agreement, or other award; or (2) a person's full and equal enjoyment of a government-provided good, service, benefit, facility, privilege, advantage, or accommodation. In order for a person to assert a RFRA claim or defense in a judicial proceeding, the government must be a party to the proceeding.

Democracy Is Strengthened by Casting Light On Spending in Elections Act of 2021 or the DISCLOSE Act of 2021 This bill addresses campaign finance, including by expanding the prohibition on campaign spending by foreign nationals, requiring additional disclosures of campaign expenditures, and requiring additional disclosures regarding certain political advertisements. First, the bill prohibits foreign nationals from participating in the decision-making process regarding an election expenditure. Additionally, the bill expands existing foreign money prohibitions to include disbursements for paid web-based or digital communications and federal judicial nomination communications. It also prohibits foreign nationals from contributing to campaigns related to ballot initiatives and referenda. The Federal Election Commission (FEC) must conduct an audit after each federal election cycle to determine the incidence of illicit foreign money. Next, the bill makes it unlawful to establish or use a corporation, company, or other entity with the intent to conceal an election contribution or donation by a foreign national. A violator is subject to criminal penalties—a fine, a prison term of up to five years, or both. Covered organizations (e.g., corporations, labor organizations, and political organizations) must, within 24 hours, file reports with the FEC to disclose campaign expenditures of more than $10,000 during an election cycle. Finally, the bill requires organizations to provide additional disclosures regarding political advertisements, including the donors who contributed the most money to that organization in the last year.

Mainstreaming Addiction Treatment Act of 2021 This bill removes the requirement that a health care practitioner apply for a separate waiver through the Drug Enforcement Administration (DEA) to dispense certain narcotic drugs (e.g., buprenorphine) for maintenance or detoxification treatment (i.e., substance use disorder treatment). Further, a community health aide or community health practitioner may dispense certain narcotic drugs for maintenance or detoxification treatment without registering with the DEA if the drug is prescribed by a health care practitioner through telemedicine. It preempts state laws related to licensure for this activity. The bill also directs the Substance Abuse and Mental Health Services Administration to conduct a national campaign to educate health care practitioners and encourage them to integrate substance use disorder treatment into their practices.

Repeal Existing Policies that Encourage and Allow Legal HIV Discrimination Act of 2021 or the REPEAL HIV Discrimination Act of 2021 This bill concerns the burdens that federal and state laws, policies, and regulations may place upon people living with human immunodeficiency virus (HIV). The bill directs the Department of Justice (DOJ), the Department of Health and Human Services (HHS), and the Department of Defense (DOD) to initiate a national review of federal (including military) and state laws, policies, regulations, and judicial precedents and decisions regarding criminal and related civil commitment cases involving people living with HIV. DOJ must transmit to Congress and make publicly available the results of such review with related recommendations. DOJ and HHS must (1) develop and publicly release guidance and best practice recommendations for states, and (2) establish an integrated monitoring and evaluation system to measure state progress. DOJ, HHS, and DOD must transmit to the President and Congress any proposals necessary to implement adjustments to federal laws, policies, or regulations. This bill shall not be construed to discourage the prosecution of individuals who intentionally transmit or attempt to transmit HIV to another individual.

Confronting and Correcting Historical Injustices Act This bill establishes the Commission for Review and Correction of Historical Injustices to identify, investigate, and review instances of discrimination and other historical injustices carried out by federal agencies. The commission must also periodically recommend legislative or executive action to resolve such instances. In carrying out its duties, the commission must set up a mechanism to allow for public comment and input on instances of discrimination. In addition, the bill grants the commission authority to issue a subpoena to any agency that the majority of the commission deems necessary.

U.S. Citizenship Act This bill establishes a path to citizenship for certain undocumented individuals. The bill also replaces the term alien with noncitizen in the immigration statutes and addresses other related issues. Specifically, the bill establishes a new status of lawful prospective immigrant . This status shall be available to an applying noncitizen who meets certain requirements, including being continually present in the United States from January 1, 2021, and passing background checks. After at least five years with this status, an eligible noncitizen may apply for and receive permanent resident status. The bill also provides permanent resident status to certain applying noncitizens, specifically for eligible noncitizens who (1) entered the United States as a minor, (2) were eligible for temporary protected status or deferred enforced departure on January 1, 2017, or (3) worked a certain amount of agricultural labor in the five years prior to applying. Among other things, the bill also redefines for immigration purposes the term conviction to exclude convictions that have been expunged or vacated, requires the Department of State to implement a strategy to advance reforms in Central America and address key factors contributing to migration from the region to the United States, requires the State Department to establish refugee processing centers in Central America, requires Customs and Border Patrol sectors and stations to have a certain number of employees with certain qualifications such as paramedic training, generally prohibits religious discrimination in granting or denying immigration benefits, and establishes grant programs for providing training and services to immigrants.

Elijah E. Cummings Lower Drug Costs Now Act This bill establishes several programs and requirements relating to the prices of prescription drugs. In particular, the bill requires the Department of Health and Human Services (HHS) to negotiate prices for certain drugs (current law prohibits HHS from doing so). Specifically, HHS must negotiate maximum prices for single-source, brand-name drugs that lack certain generics and that are among either the 125 drugs that account for the greatest national spending or the 125 drugs that account for the greatest Medicare spending. HHS must negotiate the prices of at least 25 such drugs for 2024 and of at least 50 such drugs thereafter and must also negotiate prices for certain newly approved drugs and for insulin products. The negotiated prices must be offered under Medicare and may also be offered under private health insurance unless the insurer opts out. The negotiated maximum price may not exceed (1) 120% of the average price in Australia, Canada, France, Germany, Japan, and the United Kingdom; or (2) if such information is not available, 85% of the U.S. average manufacturer price. Drug manufacturers that fail to comply with the bill's negotiation requirements are subject to civil and tax penalties. The bill also makes a series of additional changes to Medicare prescription drug coverage and pricing, including by (1) requiring drug manufacturers to issue rebates to the Centers for Medicare & Medicaid Services for covered drugs that cost $100 or more and for which the average manufacturer price increases faster than inflation, and (2) capping annual out-of-pocket spending under the Medicare prescription drug benefit. The bill also requires drug manufacturers to report specified information for certain high-cost drugs, and it provides funds for opioid epidemic initiatives and biomedical research.

Black Maternal Health Momnibus Act of 2021 This bill directs multi-agency efforts to improve maternal health, particularly among racial and ethnic minority groups, veterans, and other vulnerable populations. It also addresses maternal health issues related to COVID-19 (i.e., coronavirus disease 2019). The Department of Health and Human Services (HHS) and other specified departments must address the social determinants of maternal health, which include child care, housing, food security, transportation, and environmental conditions. The bill also extends to 24 months postpartum eligibility for the Special Supplemental Nutrition Program for Woman, Infants, and Children. Additionally, HHS and other agencies must take actions to grow and diversify the maternal health workforce. To increase access to maternity care, HHS and other agencies must (1) award specified grants; (2) test an alternative payment model for perinatal care under Medicaid and the Children's Health Insurance Program (CHIP); and (3) support training, technology, and telehealth initiatives. The bill also increases research and data collection on maternal morbidity and mortality, particularly among tribal populations and minority groups. The Bureau of Prisons and the Department of Justice must establish programs to improve maternity care for incarcerated populations. The Medicaid and CHIP Payment and Access Commission must also report on the impact of Medicaid ineligibility for pregnant and postpartum prisoners. Additionally, as a condition for certain grants, states and territories must have laws limiting the use of restraints on pregnant individuals in prisons. The bill also directs activities to mitigate adverse maternal health outcomes associated with climate change and to improve maternal vaccination rates.

Child Care for Working Families Act This bill provides funds and otherwise revises certain child care and early learning programs for low- to moderate-income families. Specifically, the bill provides funds for the Child Care and Development Block Grant program and reestablishes it as a child care and development assistance program. The bill also allocates program funds for states to provide services and supports to infants, toddlers, and children with disabilities. Further, the bill revises the program to require each state to create a tiered and transparent system for measuring the quality of child care providers, which must include evidence-based standards and payment rates that are based on a certain cost estimation model; ensure that copayments are based on a sliding scale and that no family receiving assistance pays more than 7% of its household income on child care; and use quality child care amounts for certain activities, such as increasing the supply of child care providers. The bill also provides funds and establishes grants for states to create preschool programs for low- to moderate-income children between the ages of three and five years. The Department of Health and Human Services (HHS) must make grants to Head Start agencies to provide children with access to full-school-year and full-school-day services, provide access to additional service hours for migrant and seasonal agencies, or enhance the quality of existing services. Finally, the bill requires, and provides funds for, HHS to assist Head Start agencies with ensuring their teachers and staff are paid a living wage.