Rep. Janice D. Schakowsky

Fifth Amendment Integrity Restoration Act of 2021 or the FAIR Act This bill revises federal laws governing civil asset forfeiture. Specifically, the bill makes various changes to the general rules governing civil forfeiture proceedings. Among the changes, the bill requires counsel for an indigent property owner regardless of whether the owner requests counsel, raises the evidentiary standard from preponderance of the evidence to clear and convincing evidence, and sets forth factors courts must consider in determining whether a forfeiture of facilitating property is excessive. Additionally, the bill eliminates statutory authority for equitable sharing and directs forfeiture proceeds to be deposited into the general fund of the Treasury instead of the Department of Justice Assets Forfeiture Fund. Finally, the bill makes changes with respect to the civil forfeiture of money involved in structuring offenses (i.e., structuring currency transactions to evade currency reporting requirements). Among the changes, the bill specifies an evidentiary standard of knowingly for structuring offenses, and requires a prompt probable cause hearing following the seizure of money involved in a structuring offense.

Protecting the Rights Of Towns against federal Enforcement contrary to Constitutional Tenets for Immigration Act of 2021 or the PROTECT Immigration Act of 2021 This bill establishes that the authority to investigate, apprehend, or detain aliens for the purposes of immigration enforcement is limited to immigration officers and authorized Department of Homeland Security employees, except when such authority is provided to other individuals under specified statutes. Specifically, this restriction does not apply in certain instances involving (1) an actual or imminent mass influx of aliens, (2) persons bringing in and harboring aliens in violation of immigration laws, or (3) an alien illegally present in the United States who had previously left or was deported after being convicted of a felony. The bill repeals the authority allowing the Department of Justice to enter into agreements authorizing state or local government employees to perform immigration enforcement functions.

This bill generally addresses the adverse effects of climate change with a particular focus on immigration. Specifically, the bill establishes an immigration pathway to admit climate-displaced persons into the United States. These are individuals (1) who need durable resettlement because of an environmental change that adversely affects their living conditions, and (2) whose government cannot or will not provide a resettlement solution. Persons admitted to the United States under this pathway are entitled to the same resettlement assistance and benefits available to refugees. Additionally, the bill authorizes the President to provide foreign assistance for promoting resilience and reducing vulnerability among communities facing adverse effects of climate change. It also creates the position of Coordinator of Climate Change Resiliency in the Department of State. Moreover, the State Department must implement, and periodically report on, a strategy to mitigate the impact of climate change on displacement and humanitarian emergencies. The State Department must also provide (1) training on climate displacement to foreign service officers assigned to countries from which climate-displaced persons originated, and (2) guidance on the humanitarian impacts associated with climate change to all U.S. diplomatic missions. The bill also requires the President to report on displacement caused by climate change.

Families Belong Together Act This bill provides various immigration benefits for eligible alien parents (or legal guardians) and minor children who were separated by the Department of Homeland Security (DHS) between January 20, 2017, and January 20, 2021. Generally, to be an eligible parent or minor child under this bill, the alien must not be inadmissible for certain crime- or security-related grounds, though DHS may waive certain grounds for humanitarian or public interest reasons. Furthermore, an eligible child who was separated as a minor remains eligible for the immigration benefits after reaching majority. DHS must grant humanitarian parole into the United States to an eligible alien who requests such parole, regardless of whether the alien is physically present in the United States. An eligible alien in the United States may apply for lawful permanent resident status. U.S. Citizenship and Immigration Services shall grant a qualifying alien's lawful permanent resident status within 30 days of receiving the alien's application. An alien who receives lawful permanent resident status under this bill shall be eligible for benefits and services that are available to an alien who is admitted as a refugee. Certain annual numerical limitations shall not apply to aliens who receive lawful permanent resident status under this bill. If an alien seeks judicial review of a denial of an application for lawful permanent resident status under this bill, the Department of Justice shall appoint counsel to represent that alien upon request.

American Housing and Economic Mobility Act of 2021 This bill addresses housing affordability and availability, makes certain changes to the estate and gift taxes, and contains other related provisions. The Department of Housing and Urban Development shall provide grants to (1) state and local governments that remove unnecessary barriers to building affordable units, (2) states to assist borrowers who have negative equity in their homes, (3) state housing finance agencies to construct or acquire affordable rental housing and prevent tenant displacement and harassment, and (4) eligible individuals (generally, lower income individuals who resided in low-income or historically racially segregated areas) to help them purchase their first homes. The bill provides funding through FY2031 for the first-time homeowner grant program established by the bill, through FY2022 for the affordable rental housing construction program established by the bill, and through FY2022 for specified existing rural housing programs. The bill also expands fair housing protections to prohibit discrimination based on sexual orientation, gender identity, marital status, source of income, veteran status, or an individual's perceived membership in a protected class (e.g., an individual's perceived race or sex). Additionally, the bill modifies the estate tax in various ways, including by reducing the number of brackets to three, increasing the tax rates, and reducing the basic exemption amount. The bill also modifies provisions related to gift taxes and transfer taxes.

Honduras Human Rights and Anti-Corruption Act of 2021 This bill temporarily imposes sanctions and other penalties on Honduran president Juan Orlando Hernandez and the government of Honduras for systemic corruption and human rights violations, with particular focus on the Honduran police and military. Specifically, the President must impose asset- and visa-blocking sanctions on Juan Orlando Hernandez due to his corrupt practices, including the use of the state apparatus to protect and facilitate drug trafficking. Additionally, the President must prohibit, within 30 days, the issuance of licenses to export defense articles and services and specified munitions to the Honduran police or military. The bill also (1) makes Honduras ineligible for security assistance to equip and train police and military, and (2) requires U.S. representatives at multilateral development banks to oppose any loans for Honduran police or military. Furthermore, the Department of the Treasury must instruct U.S. leadership of international financial institutions and the U.S. International Development Finance Corporation to promote human rights due diligence and risk management in any loan, grant, policy, or strategy related to Honduras. The sanctions and other penalties put in place under this bill terminate in five years but may be lifted earlier if specified conditions are met.

Jaime's Law This bill establishes background check requirements for the sale and transfer of ammunition. Specifically, the bill prohibits a licensed importer, manufacturer, or dealer from transferring ammunition to an unlicensed individual prior to submitting a background check through the National Instant Criminal Background Check System. It also establishes penalties for violations. (Currently, background checks are required under these circumstances for the transfer of firearms, but not for ammunition.) Additionally, it prohibits an ammunition transfer between private parties (i.e., unlicensed individuals) unless a licensed importer, manufacturer, or dealer first takes possession of the ammunition to conduct a background check. However, this prohibition does not apply to certain ammunition transfers, such as a gift between spouses in good faith.

Green New Deals for Cities Act of 2021 This bill authorizes the Department of Housing and Urban Development to provide funding to states, local governments, or Native American nations to carry out Green New Deal projects, such as projects to clean up pollution, climate adaptation measures, or conservation projects on family farms. In order to receive such funding, a state, local government, or Native American nation must have a local Green New Deal program proposal and meet other requirements as specified by the bill. A proposal must contain certain commitments, including a commitment to zero greenhouse gas emissions by 2030 through a fair and just transition for all communities and workers.

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.

Maddy summaryHR 2584, the Judiciary Act of 2021, would change the structure of the U.S. Supreme Court by increasing the number of associate justices from eight to twelve. This bill directly affects the Supreme Court's composition and operations, requiring a quorum of eight justices instead of six to conduct business. The key provision amends Title 28 of the U.S. Code to reflect these numerical changes to the Court's membership and quorum requirements. This is a procedural change to the Court's statutory structure, not a policy affecting the public.