Sen. Sheldon Whitehouse

Enhancing Oversight to End Discrimination in Policing Act This bill expands the capacity to enforce a law that prohibits patterns or practices of misconduct by state and local law enforcement agencies. Current law prohibits state and local law enforcement agencies from engaging in patterns or practices of conduct that violate constitutional or federal rights. Further, current law authorizes the Department of Justice (DOJ) to file civil cases to eliminate the pattern or practice of misconduct. Typically, DOJ's Civil Rights Division conducts pattern-or-practice investigations and resolves any misconduct through a consent decree instead of a trial. This bill provides statutory authority for state attorneys general to bring pattern-or-practice cases in federal court. The bill also authorizes grants to help states pursue pattern-or-practice investigations and cases. Additionally, the bill authorizes additional amounts for DOJ's Civil Rights Division and requires a certain portion to be used for enforcement and technical assistance related to pattern-or-practice cases. Finally, the bill requires DOJ's Civil Rights Division to modify the procedures for consent decrees and settlement agreements to ensure that the consent decrees and settlement agreements (1) foster the creation and use of alternative remedies such as mental health support or community-based restorative justice mechanisms; and (2) incorporate community oversight requirements, such as a community oversight body.

This resolution expresses support for the rights, freedoms, and equal treatment of lesbian, gay, bisexual, transgender, and queer (LGBTQ) individuals. The resolution r ecognizes that LGBTQ rights are human rights and protected by the laws of the United States and international treaties. Additionally, the resolution encourages the celebration of LGBTQ Pride Month in June.

Women's Health Protection Act of 2021 This bill prohibits governmental restrictions on the provision of, and access to, abortion services. Specifically, governments may not limit a provider's ability to prescribe certain drugs, offer abortion services via telemedicine, or immediately provide abortion services when the provider determines a delay risks the patient's health. Furthermore, governments may not require a provider to perform unnecessary medical procedures, provide medically inaccurate information, comply with credentialing or other conditions that do not apply to providers whose services are medically comparable to abortions, or carry out all services connected to an abortion. In addition, governments may not (1) require patients to make medically unnecessary in-person visits before receiving abortion services or disclose their reasons for obtaining such services, or (2) prohibit abortion services before fetal viability or after fetal viability when a provider determines the pregnancy risks the patient's life or health. The bill also prohibits other governmental measures that are similar to the bill's specified restrictions or that otherwise single out and impede access to abortion services, unless a government demonstrates that the measure significantly advances the safety of abortion services or health of patients and cannot be achieved through less restrictive means. The Department of Justice, individuals, or providers may bring a lawsuit to enforce this bill, and states are not immune from suits for violations. The bill applies to restrictions imposed both prior and subsequent to the bill's enactment.

COVID-19 Safer Detention Act of 2021 This bill expands statutory authority for federal prisoners to be released before completing their sentences or to be placed in the community to serve the final portion of their sentences. First, the bill makes changes to the early release pilot program which authorizes the Bureau of Prisons to release early and place on home confinement elderly offenders and terminally ill offenders who meet eligibility criteria. This bill expands eligibility to offenders serving time for an offense under the laws of the District of Columbia, reduces the amount of time an offender must serve by the good time credits earned by the offender, and creates a judicial review process for prisoners. Second, the bill modifies the compassionate release process which authorizes federal courts to reduce a prisoner's sentence and impose a term of probation or supervised released in certain circumstances. This bill expands eligibility to prisoners sentenced before November 1, 1987; and specifies that vulnerability to COVID-19 is a basis for compassionate release. Regarding the judicial review of these release authorities, the bill also (1) authorizes federal courts to appoint counsel to assist defendants, (2) applies statutory rights for crime victims to these proceedings, and (3) shortens the waiting period during the COVID-19 pandemic. Additionally, the bill requires the Government Accountability Office to study postrelease, probation, and pretrial services, including recent changes. Finally, the bill directs the Administrative Office of the U.S. Courts to request resources to address staffing needs in each judicial district, including resources that may be necessary as a result of this bill.

This resolution supports the designation of May 2021 as National Cancer Research Month.

This resolution offers the condolences of the Senate regarding the death of Senator John William Warner and expresses deep appreciation for his outstanding and important service to his country.

Algorithmic Justice and Online Platform Transparency Act This bill establishes requirements for certain commercial online platforms (e.g., social media sites) that withhold or promote content through algorithms and related computational processes that use personal information. The platforms must make disclosures about their collection and use of personal information and their content moderation practices; retain specified records that describe how the algorithms use personal information and assess whether the algorithms produce disparate outcomes based on race and other demographic factors in terms of access to housing, employment, financial services, and related matters; employ algorithms safely and effectively; and allow users to access and transfer their personal information. If a platform uses algorithms to publish or sell advertising, it must maintain a library of the advertisements. The Federal Trade Commission must also adopt rules concerning deceptive advertising. A platform's chief executive officer or other senior officer must certify compliance with disclosure requirements. Additionally, platforms may not (1) employ algorithms or other design features that result in discrimination or similar harms based on demographic or biometric factors, or (2) process information such that it impairs voting rights. Further, users of a platform may not violate civil rights laws using the platform's algorithms. The bill prohibits waivers or other methods that limit rights under the bill; provides whistleblower protections for individuals who report violations; and authorizes enforcement by specified federal agencies, states, and private individuals. The bill also provides funding for an interagency task force to study the discriminatory use of personal information by platforms' algorithms.

National Origin-Based Antidiscrimination for Nonimmigrants Act or the NO BAN Act This bill imposes limitations on the President's authority to suspend or restrict aliens from entering the United States. It also prohibits religious discrimination in various immigration-related decisions, such as whether to issue an immigrant or nonimmigrant visa, unless there is a statutory basis for such discrimination. The President may temporarily restrict the entry of any aliens or class of aliens after the Department of State determines that the restriction would address specific and credible facts that threaten U.S. interests such as security or public safety. The bill also imposes limitations on such restrictions, such as requiring the President, State Department, and the Department of Homeland Security (DHS) to (1) only issue a restriction when required to address a compelling government interest, and (2) narrowly tailor the suspension to use the least restrictive means to achieve such an interest. Before imposing a restriction, the State Department and DHS shall consult with Congress. The State Department and DHS shall report to Congress about the restriction within 48 hours of the restriction's imposition. If such a report is not made, the restriction shall immediately terminate. Individuals or entities present in the United States and unlawfully harmed by such a restriction may sue in federal court. DHS may suspend the entry of aliens traveling to the United States on a commercial airline that failed to comply with regulations related to detecting fraudulent travel documents.

Clean Water Standards for PFAS Act of 2021 This bill directs the Environmental Protection Agency (EPA) to develop requirements and incentives to limit the discharge of perfluoroalkyl and polyfluoroalkyl substances (PFAS) into certain waters of the United States. PFAS are man-made and may have adverse human health effects. A variety of products contain the compounds, such as nonstick cookware or weatherproof clothing. Within two years, the EPA must publish water quality criteria for each measurable perfluoroalkyl substance, polyfluoroalkyl substance, and class of PFAS. The water quality criteria must determine how much of these substances can be present in water before it is likely to harm human health. Within four years, the EPA must publish a final rule that establishes, for each priority industry category specified in the bill, effluent limitations guidelines and standards for the discharge of each measurable perfluoroalkyl substance, polyfluoroalkyl substance, and class of PFAS. Under the Clean Water Act, effluent limitations restrict the quantities, rates, and concentrations of chemical, physical, biological, and other constituents which are discharged from point sources (e.g., a discernible source such as a pipe) into navigable waters, the ocean, or other specified waters. In addition, the EPA must award grants to owners and operators of publicly owned treatment works for implementing the effluent limitations guidelines and standards.

Medicare Multi-Cancer Early Detection Screening Coverage Act of 2021 This bill provides for Medicare coverage and payment for multi-cancer early detection screening tests that are approved by the Food and Drug Administration and that are used to screen for cancer across many cancer types. The Government Accountability Office must report on the resulting utilization and effectiveness of such tests.