Rep. Val Butler Demings

This resolution condemns and denounces all forms of anti-Asian sentiment, including those related to COVID-19 (i.e., coronavirus disease 2019), and calls on federal law enforcement officials, working with state and local agencies, to take specified steps. The resolution calls on federal officials to expeditiously investigate and document all credible reports of hate crimes, harassment, bullying, and threats against the Asian American and Pacific Islander communities; the Attorney General to work with state and local agencies and Asian American and Pacific Islander community-based organizations to prevent discrimination and to expand culturally competent and linguistically appropriate education campaigns on public reporting of hate crimes; and the Department of Health and Human Services to issue guidance describing best practices to mitigate racially discriminatory language in describing the pandemic. The resolution recommits the United States to serving as a world leader in building more inclusive, diverse, and tolerant societies by (1) prioritizing language access and inclusivity in communication practices, and (2) combating misinformation and discrimination that put Asian Americans and Pacific Islanders at risk.

Ghost Guns Are Guns Act This bill broadens the definition of firearm for purposes of federal firearms laws. Specifically, it includes as a firearm any combination of parts designed or intended to be used to convert a device into a firearm and from which a firearm may be readily assembled.

Ensuring Quality Access to Legal Defense Act of 2021 or the EQUAL Defense Act of 2021 This bill establishes and modifies certain programs that support the delivery of public defense services (i.e., legal services for criminal defendants who cannot afford counsel). Specifically, the bill directs the Department of Justice (DOJ) to award grants to state and local governments, tribal organizations, and public defender offices for public defense. A grant recipient must use the grant to establish a data collection process, develop workload limits, and satisfy specified compensation requirements (e.g., pay parity between public defenders and prosecutors). The bill also directs DOJ to award grants to nonprofits and government organizations to train public defenders, court-appointed attorneys, and contract attorneys. Additionally, a state that receives Edward Byrne Memorial Justice Assistance Grant program funds must annually submit to DOJ information related to the legal representation of defendants in criminal cases. Finally, it reauthorizes through FY2025 the student loan repayment program for prosecutors and public defenders and otherwise revises the program, including by increasing the maximum benefit amount.

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.

Eric Garner Excessive Use of Force Prevention Act of 2021 This bill modifies the criminal civil rights statute that prohibits the deprivation of rights under color of law. Currently, the second prong of the prohibition bars the application of different punishments, pains, or penalties based on an individual's alien status, color, or race. This bill specifies that the application of any pressure to a person's throat or windpipe, the use of maneuvers that restrict blood or oxygen flow to the brain, or carotid artery restraints that prevent or hinder breathing or reduce intake of air (e.g., a chokehold) constitute a punishment, pain, or penalty.

Enhancing Protections for Whistleblower Anonymity Act This bill establishes a new criminal offense related to the disclosure of a whistle-blower's identity. Specifically, the bill prohibits a federal employee or contractor from disclosing the identity of a whistle-blower or identifying information about a whistle-blower. A violator is subject to criminal penalties—a fine, a prison term of up to one year, or both. Additionally, the bill authorizes a whistle-blower to file a civil suit against a federal employee or contractor who discloses or threatens to disclose the whistle-blower's identify. The bill includes exceptions for disclosures that are made to other government employees and permitted under current law.

Duty to Report Act This bill requires political committees, candidates for federal office, and other individuals to report to the Federal Election Commission (FEC) and the Federal Bureau of Investigation (FBI) any offers of prohibited contributions, including offers of nonpublic information regarding other candidates, by foreign nationals. Specifically, political committees and candidates must report to the FEC within 24 hours any (1) offers of prohibited contributions from foreign nationals, and (2) meetings with foreign governments or their agents. In addition, the bill requires political committees, candidates, immediate family members of candidates, and individuals affiliated with a campaign (e.g., employees and independent contractors) to report to the FBI within 24 hours any offers of prohibited contributions from foreign nationals. Further, the bill establishes a new criminal offense for knowingly and willfully failing to comply with this reporting requirement. A violator is subject to criminal penalties—a fine, a prison term of up to two years, or both. Such reported information may not be used to enforce certain immigration provisions related to the removal of undocumented aliens.

Eliminate Network Distribution of Child Exploitation Act or the END Child Exploitation Act This bill modifies the reporting requirements for electronic communication service providers and remote computing service providers (providers) that report information to the CyberTipline of the National Center for Missing and Exploited Children on crimes involving the sexual exploitation of children. Specifically, the bill increases the amount of time—from 90 days to 180 days—that a provider must preserve the contents of a report. Additionally, the bill permits a provider to voluntarily retain the contents for longer than 180 days to reduce the proliferation of or to prevent the online sexual exploitation of children.