Rep. Earl Blumenauer

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.

Prevent Gun Trafficking Act This bill establishes new federal criminal offenses for gun trafficking and related conduct. First, the bill establishes a stand-alone federal criminal offense for gun trafficking. A violation is punishable by a fine, a prison term of up to 10 years, or both. The bill also authorizes the seizure and forfeiture of the firearms and ammunition involved in the offense, the property involved in the offense, and the proceeds (or property traceable to the proceeds) derived from the offense. Second, the bill makes it unlawful to sell or dispose of a firearm or ammunition to any person knowing or having reason to believe that the person intends to sell or dispose of the firearm in violation of a federal law, or to sell or dispose of the firearm to a person in another state in violation of that state's law. A violation is subject to existing penalties under current law—a fine, a prison term of up to 10 years, or both. Current law already authorizes the seizure and forfeiture of firearms and ammunition involved in the offense. This bill also authorizes the seizure and forfeiture of the property involved in the offense and the proceeds (or property traceable to the proceeds) derived from the offense.

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.

Guaranteed Refugee Admission Ceiling Enhancement Act or the GRACE Act This bill establishes that the maximum number of refugees admitted each fiscal year shall be no less than 125,000 and that the maximum number shall be treated as the numerical goal for refugee admissions for the applicable fiscal year. The President may set a higher number if it is justified by humanitarian concerns or is otherwise in the national interest. Currently, the number admitted each fiscal year may not exceed 50,000 unless the President determines that a higher number is justified by humanitarian concerns or is otherwise in the national interest. The bill directs the President to take into consideration information from the United Nations High Commissioner for Refugees when establishing the maximum admission number and making certain other related decisions. The President shall report to Congress quarterly on (1) the number of refugees admitted during the preceding quarter, (2) the number of aliens who were security-cleared during the preceding quarter, (3) a plan to reach the numerical goal for admitted refugees for that fiscal year, and (4) other related information.

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.

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.

Help Extract Animals from Red Tape Act of 2021 or the HEART Act of 2021 This bill modifies notice requirements in a civil forfeiture proceeding that involves the seizure of an animal involved in animal fighting. Specifically, the government must notify interested parties of an animal's seizure within 30 days (currently, 60 days). The notice period may be extended only if a delay is warranted after considering certain factors, including the cost to the government of providing shelter for the animal, the health of the animal and the effect of a delay on its rehabilitation, any increased risk that a delay could necessitate the euthanasia of the animal, and any psychological harm incurred by the animal's owner due to the delay in disposition. Additionally, the bill authorizes amounts in the Department of Justice Assets Forfeiture Fund to be used to pay for costs associated with a seized animal, including transportation, shelter, care, veterinary services, and humane euthanasia.

Medication Access and Training Expansion Act of 2021 or the MATE Act of 2021 This bill requires health care providers, as a condition of receiving or renewing a registration to prescribe potentially addictive drugs, to complete a one-time training on managing patients with substance use disorders. In addition, the Department of Health and Human Services must award grants to health professional associations and education programs for integrating substance use disorder training into relevant curricula.