Rep. David Scott

This joint resolution proposes a constitutional amendment declaring that women shall have equal rights in the United States and every place subject to its jurisdiction.  The amendment prohibits the United States or any state from denying or abridging equal rights under the law on account of sex.

Ending Qualified Immunity Act This bill eliminates the defense of qualified immunity in civil actions for deprivation of rights. Qualified immunity is a judicially created doctrine that protects government employees or those acting with state authority from being held personally liable for constitutional violations. The bill provides that under the statute allowing a civil action alleging deprivation of rights under color of law, it shall not be a defense or immunity to any such action that (1) the defendant was acting in good faith or believed that his or her conduct was lawful at the time it was committed; (2) the rights, privileges, or immunities secured by the Constitution or federal laws were not clearly established at the time of their deprivation; or (3) the state of the law was such that the defendant could not reasonably have been expected to know whether his or her conduct was lawful.

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.

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.

This resolution urges (1) the President to issue a proclamation recognizing Earth Day; and (2) governments and people to continue building upon the Paris Agreement and other efforts to ensure that future generations inherit a livable, sustainable, and ecologically rich planet. The resolution reaffirms that immediate action is needed to reduce greenhouse gas emissions and ameliorate environmental injustices in order to protect our planet, public health, and overall well-being of all people and wildlife. In addition, it encourages the American people to mark Earth Day by working to address environmental challenges, educate others about the need for year-round action, and honor the stewardship ethic for which Senator Gaylord Nelson stood.

Hadiya Pendleton and Nyasia Pryear-Yard Gun Trafficking and Crime Prevention Act of 2021 This bill makes trafficking in firearms a stand-alone criminal offense. A person who commits or conspires to commit a gun trafficking offense is subject to criminal penalties—a prison term of up to 20 years (or up to 25 years, if the person also acted as an organizer), a fine, or both.

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.