Rep. Katherine M. Clark

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.

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.

Universal Child Care and Early Learning Act This bill provides funds to the Department of Health and Human Services (HHS) for an affordable child care and early learning program. Children who are at least six weeks of age but not yet required to attend school may participate in the program regardless of family income, disability status, citizenship status, or employment of a family member. Under the program, HHS must support sponsors (e.g., states, local governments, tribal organizations, and nonprofit community organizations) that provide child care and early learning services for families. Families must pay a subsidized fee, based on their income, for the services. The fees are waived for children from families with incomes below 200% of the poverty line. The fees are capped at 7% of a family's income regardless of the family's income level.

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.

U.S. Citizenship Act This bill establishes a path to citizenship for certain undocumented individuals. The bill also replaces the term alien with noncitizen in the immigration statutes and addresses other related issues. Specifically, the bill establishes a new status of lawful prospective immigrant . This status shall be available to an applying noncitizen who meets certain requirements, including being continually present in the United States from January 1, 2021, and passing background checks. After at least five years with this status, an eligible noncitizen may apply for and receive permanent resident status. The bill also provides permanent resident status to certain applying noncitizens, specifically for eligible noncitizens who (1) entered the United States as a minor, (2) were eligible for temporary protected status or deferred enforced departure on January 1, 2017, or (3) worked a certain amount of agricultural labor in the five years prior to applying. Among other things, the bill also redefines for immigration purposes the term conviction to exclude convictions that have been expunged or vacated, requires the Department of State to implement a strategy to advance reforms in Central America and address key factors contributing to migration from the region to the United States, requires the State Department to establish refugee processing centers in Central America, requires Customs and Border Patrol sectors and stations to have a certain number of employees with certain qualifications such as paramedic training, generally prohibits religious discrimination in granting or denying immigration benefits, and establishes grant programs for providing training and services to immigrants.

This resolution condemns the bigotry that fueled those who stormed the U.S. Capitol, the elected officials who stoked that bigotry, including former President Trump, and the Members of Congress who have continued to support those individuals. It reaffirms that harmful rhetoric and violent behavior against individuals based on factors including religion, race, immigration status, and sex will not be tolerated.