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.
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.
Pandemic Heroes Compensation Act of 2021 This bill allows essential workers and their family members to file claims and receive compensation for harm or death suffered as a result of COVID-19 (i.e., coronavirus disease 2019). A Special Master appointed by the Department of Justice must review claims submitted and determine if a claimant is eligible for compensation, the extent of the harm to the claimant, and the amount of compensation to be awarded.
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.
Criminalizing Abused Substance Templates Act of 2021 This bill makes it a crime to knowingly possess a pill press mold with the intent to manufacture a counterfeit substance in schedule I or II of the Controlled Substances Act. A violator is subject to criminal penalties—a prison term of not more than 20 years and a fine.
LEOSA Reform Act This bill broadens the authority for certain law enforcement officers to carry concealed firearms across state lines. Specifically, the bill allows qualified active and retired law enforcement officers to carry concealed firearms and ammunition (including magazines) in school zones; in national parks; on state, local, or private property that is open to the public; and in certain federal facilities that are open to the public. Further, the bill permits states to reduce the frequency with which retired law enforcement officers must meet certain qualification standards.
National Security Diversity and Inclusion Workforce Act of 2021 This bill requires each national security agency to report on its diversity and inclusion efforts. The bill defines diversity as diversity of persons based on gender, race, ethnicity, disability status, veteran status, sexual orientation, gender identity, national origin, and other demographic categories. It also requires each such agency to develop a system to collect and analyze applicant employment data to identify areas for improvement in attracting diverse talent, with emphasis on senior and management positions; conduct periodic interviews with a representative cross-section of the national security workforce to obtain workplace information; sponsor workforce members to participate in a Senior Executive Service candidate development program or similar program; implement performance and advancement requirements for the workforce; create opportunities for senior personnel to participate in outreach events and to discuss issues relating to diversity and inclusion; and expand training on bias in the workplace and flexible work policies. The bill encourages agencies to expand professional development and career advancement opportunities that support their missions and to seek a diverse and talented pool of employment applicants by reaching out to educational organizations and professional associations.
Return Excessive Migrants and Asylees to International Neighbors in Mexico Act of 2021 or the REMAIN in Mexico Act of 2021 This bill requires the Department of Homeland Security (DHS) to implement the Migrant Protection Protocols as outlined in the January 25, 2019, memo titled Policy Guidance for Implementation of the Migrant Protection Protocols . (The protocols generally required aliens who are not clearly admissible, including those seeking asylum, arriving by land along the U.S.-Mexico border to be returned to Mexico while their immigration proceedings are pending, rather than remain in the United States. On January 21, 2021, DHS stopped applying the protocols to newly-arrived individuals.)
