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.
Honoring Our Fallen TSA Officers Act This bill extends public safety officers' death benefits to Transportation Security Administration employees performing official duties related to protecting the nation's transportation systems.
Gay and Trans Panic Defense Prohibition Act of 2021 This bill generally prohibits a federal criminal defendant from asserting, as a defense, that the nonviolent sexual advance of an individual or a perception or belief of the gender, gender identify or expression, or sexual orientation of an individual excuses or justifies conduct or mitigates the severity of an offense.
Eradicate Crossing of Illegal Tunnels Act of 2021 or the EXIT Act of 2021 This bill authorizes the Department of Homeland Security (DHS) to take various actions to facilitate the search for and remediation of unlawful border crossing tunnels on private land. Specifically, DHS may waive federal, state, or local environmental permits and reviews as necessary to search for or remediate such tunnels. U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement may enter into indefinite delivery, indefinite quantity contracts with two or more sources to facilitate such border tunnel activities. (Indefinite delivery, indefinite quantity contracts provide for an indefinite quantity of services for a fixed time.)
Drug Cartel Terrorist Designation Act This bill directs the Department of State to designate the Reynosa/Los Metros faction of the Gulf Cartel and the Cartel Del Noreste faction of Los Zetas as foreign terrorist organizations and to submit a detailed report on those drug cartels and any other cartels it may identify. Based on this report, the State Department must designate as a foreign terrorist organization any such identified cartel (or faction thereof) that meets certain criteria for designation as a foreign terrorist organization.
Fair Housing for Domestic Violence and Sexual Assault Survivors Act of 2021 This bill prohibits discrimination against survivors of domestic violence, sexual assault, or sex trafficking in the sale or rental of housing and other related real estate activities.
Competition in Professional Baseball Act This bill removes the limited exemption from the antitrust laws for professional baseball clubs. For purposes of this bill, the term antitrust laws means laws to protect against unlawful restraints and monopolies (Clayton Act) and to protect against unfair methods of competition (Federal Trade Commission Act).
Law Enforcement Protection Act of 2021 This bill includes armor-piercing, concealable weapons in the definition of firearm under the National Firearms Act.
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.
Khalid Jabara and Heather Heyer National Opposition to Hate, Assault, and Threats to Equality Act of 2021 or the Jabara-Heyer NO HATE Act of 2021 This bill creates grants for state and local governments to combat hate crimes. It also authorizes additional penalties for hate crime offenses. Specifically, it establishes grants for states to create state-run hate crimes reporting hotlines. It also authorizes grants for states and local governments to implement the National Incident-Based Reporting System and to conduct law enforcement activities or crime reduction programs to prevent, address, or respond to hate crimes. Finally, in the case of an individual convicted of a hate crime offense and placed on supervised release, the bill allows a court to order that the individual participate in educational classes or community service as a condition of supervised release.
Temporary Reauthorization of the Emergency Scheduling of Fentanyl Analogues Act This bill extends until May 6, 2022, the temporary scheduling order issued by the Drug Enforcement Administration to place fentanyl-related substances in schedule I of the Controlled Substances Act. The temporary order expires on May 6, 2021.
Defending Each and Every Person from False Appearances by Keeping Exploitation Subject to Accountability Act of 2021 or the DEEP FAKES Accountability Act This bill establishes requirements for advanced technological false personation records (i.e., deep fakes) and establishes criminal penalties for related violations. Specifically, it requires producers of deep fakes to generally comply with certain digital watermark and disclosure requirements (e.g., verbal and written statements). It establishes new criminal offenses related to (1) the production of deep fakes which do not comply with related watermark or disclosure requirements, and (2) the alteration of deep fakes to remove or meaningfully obscure such required disclosures. A violator is subject to a fine, up to five years in prison, or both. It also establishes civil penalties and permits individuals to bring civil actions for damages. Additionally, it revises the criminal offense of fraud in connection with certain identification documents to include deep fakes. The bill also directs the Department of Justice to take certain actions, such as publishing a report related to deep fakes that includes a description of the efforts of Russia and China to use technology to impact elections. Software manufacturers who reasonably believe software will be used to produce deep fakes must ensure it has the technical capability to insert watermarks and disclosures. Finally, the bill directs the Department of Homeland Security to establish a task force to, among other things, advance efforts of the federal government to combat the national security implications of deep fakes.
