Rep. Barbara Lee

Stop Hate Crimes Act of 2021 This bill lowers the statutory burden of proof for showing intent with respect to a federal hate crime offense. Current law makes it unlawful to willfully cause bodily injury, or attempt to do so using a dangerous weapon, because of the actual or perceived protected characteristic (e.g., race) of a person. In 2014, the U.S. Court of Appeals for the Sixth Circuit held that the because of standard requires proof that a person's actual or perceived protected characteristic was the sole motivating factor in the offense. This bill replaces the because of standard with a new standard. Specifically, willfully causing bodily injury, or attempting to do so using a dangerous weapon, is a hate crime offense if a person's actual or perceived protected characteristic was a contributory motivating factor in the offense.

Voter Empowerment Act of 2021 This bill expands voter registration and voting access. Specifically, the bill expands voter registration by requiring states to (1) make available online voter registration, (2) establish automatic voter registration systems, (3) permit same-day voter registration, and (4) accept voter registration applications from individuals under age 18. Further, the bill limits removing voters from voter rolls and prohibits interference with voter registration or voting. Next, the bill requires states to allow individuals with disabilities to use absentee registration procedures and to vote by absentee ballot in federal elections. The bill also prohibits voter caging (the practice of sending mail to addresses on voter rolls, compiling a list of the undeliverable mail, and using the list to remove registered voters from voter rolls). Next, the bill expands voting access by requiring states to allow early voting and voting by mail without additional conditions. It also requires states to provide secured drop boxes at which individuals may drop off their completed absentee ballots. In addition, the bill declares that the right of a U.S. citizen to vote in any federal election shall not be denied or abridged because that individual has been convicted of a criminal offense unless, at the time of the election, such individual is serving a felony sentence. Finally, the bill permanently reauthorizes the Election Assistance Commission (EAC). It also directs the EAC to make grants to states for specified activities, including to implement automatic voter registration systems.

Gun Records Restoration and Preservation Act This bill amends several appropriations laws to remove limitations on the authority of the Bureau of Alcohol, Tobacco, Firearms and Explosives to conduct activities related to the administration of federal firearms laws. Specifically, the bill removes provisions that limit the use of firearms tracing data, limit the disclosure of data under the Freedom of Information Act, prohibit imposing a requirement that gun dealers conduct a physical inventory, prohibit consolidating or centralizing records maintained by federal firearm licensees (e.g., gun dealers), and require national instant criminal background check records to be destroyed within 24 hours.

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.

Dignity for Detained Immigrants Act of 2021 This bill directs the Department of Homeland Security (DHS) to establish standards for facilities holding aliens in its custody, phases out using non-DHS facilities for such purposes, and contains other related provisions. The standards shall comply with the American Bar Association's Civil Immigration Detention Standards. The DHS Office of Inspector General (OIG) shall conduct periodic unannounced inspections of each facility and shall take various actions against noncompliant facilities, including imposing fines, cancelling contracts, and closing facilities. DHS shall report to Congress any death of an alien in its custody within 24 hours and conduct an investigation within 30 days that identifies policy changes that could reduce the likelihood of such a death. DHS is prohibited from entering into contracts for third parties to operate detention facilities or alternatives to detention programs and shall terminate existing contracts within three years of the bill's enactment. The bill establishes that OIG facility inspection reports and contracts for an outside entity to operate a detention facility are records available to the public under the Freedom of Information Act. DHS shall maintain certain information relating to detained aliens, including the alien's location and whether the alien was separated from family. The bill provides for various requirements and procedures related to detaining aliens, including (1) prohibiting DHS from detaining children, (2) imposing a presumption that an alien should be released, and (3) establishing that aliens in custody shall be subject to the least restrictive conditions. The bill also abolishes mandatory detention for asylum seekers.

Equal Access to Abortion Coverage in Health Insurance Act of 2021 or the EACH Act of 2021 This bill requires federal health care programs to provide coverage for abortion services and requires federal facilities to provide access to those services. The bill also permits qualified health plans to use funds attributable to premium tax credits and reduced cost sharing assistance to pay for abortion services.

Prescription Drug Price Relief Act of 2021 This bill establishes a series of oversight and disclosure requirements relating to the prices of brand-name drugs. Specifically, the bill requires the Department of Health and Human Services (HHS) to review at least annually all brand-name drugs for excessive pricing; HHS must also review prices upon petition. If any such drugs are found to be excessively priced, HHS must (1) void any government-granted exclusivity; (2) issue open, nonexclusive licenses for the drugs; and (3) expedite the review of corresponding applications for generic drugs and biosimilar biological products. HHS must also create a public database with its determinations for each drug. Under the bill, a price is considered excessive if the domestic average manufacturing price exceeds the median price for the drug in Canada, the United Kingdom, Germany, France, and Japan. If a price does not meet this criteria, or if pricing information is unavailable in at least three of the aforementioned countries, the price is still considered excessive if it is higher than reasonable in light of specified factors, including development cost, revenue, and the size of the affected patient population. The bill also requires drug manufacturers to report specified financial information for brand-name drugs, including research and advertising expenditures.

Closing the Law Enforcement Consent Loophole Act of 2021 This bill establishes a framework to prohibit law enforcement officers at the federal, state, and local levels from engaging in sexual acts with individuals who are in custody. At the federal level, the bill makes it unlawful for a federal law enforcement officer who is acting under color of law to engage in a sexual act with an individual who is under arrest, in detention, or in custody. Consent is not a defense to prosecution for unlawful conduct. A violator is subject to criminal penalties—a fine, a prison term of up to 15 years, or both. At the state and local level, the bill conditions eligibility for funds under the Community Oriented Policing Services program on the enactment of a similar law.

Stop shielding Assets from Corporate Known Liability by Eliminating non-debtor Releases Act or the SACKLER Act This bill prohibits a bankruptcy court from releasing claims against non-debtors brought by states, tribes, municipalities, or the federal government. However, the bankruptcy court may issue a stay not exceeding 90 days regarding such a claim. Complex bankruptcies may involve creditor claims against non-debtors associated with the debtor, such as the debtor's officers, directors, or employees. Currently, in carrying out a bankruptcy plan, certain courts may release non-debtors from liability (there is a circuit split regarding this practice).

Protect DREAMer Confidentiality Act of 2021 This bill directs the Department of Homeland Security (DHS) to prevent disclosing information from applications to the Deferred Action for Childhood Arrivals (DACA) program to U.S. Immigration and Customs Enforcement (ICE) or U.S. Customs and Border Protection (CBP), except to implement the program. Application information may be shared only to identify or prevent fraudulent claims, for particularized national security purposes relating to the applicant, or to investigate or prosecute a felony not related to immigration status. The bill also prohibits DHS from referring any individual with deferred action status to ICE, CBP, the Department of Justice, or any law enforcement agency.