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.
Protect the Youth Vote Act of 2021 This bill outlines specific practices that violate the Twenty-Sixth Amendment to the Constitution, identifies actions that are voting offenses, and provides for the enforcement of the amendment. The Twenty-Sixth Amendment sets the voting age at 18 and prohibits states or the federal government from denying or restricting the right to vote based on age. First, the bill specifies those actions by a state or political subdivision that qualify as a violation of the right to vote based on age, including laws that reduce or restrict the ability of students who attend an institution of higher education and reside in the jurisdiction of the institution to register to vote in that jurisdiction. It also provides for (1) criminal penalties for such violations, and (2) preventive relief such as an injunction or a restraining order. Next, the bill allows for the appointment of federal observers to enforce voting rights related to age. The Department of Justice may monitor and enforce such voting rights whenever federal observers are appointed. Further, the bill specifies other actions that are voting offenses. It also establishes criminal penalties for certain voting offenses, including those related to duplicative voting and the deprivation of voting rights. The bill also sets forth requirements for a state or political subdivision to notify the public about changes with respect to the voting procedures for federal elections.
Informed Consent Act This bill establishes new federal criminal offenses related to the performance of abortions and sterilization procedures. First, the bill prohibits knowingly performing an abortion or sterilization procedure without obtaining informed consent. It provides exceptions, including for an abortion or sterilization procedure that is necessary to save a mother whose life is endangered by a physical (but not psychological or emotional) disorder, illness, or condition. An individual who performs a prohibited abortion or sterilization procedure is subject to criminal penalties—a fine, a prison term of up to 10 years, or both. Second, the bill requires federal employees and contractors, as well as employees and contractors of certain federally funded entities, who know about a prohibited abortion or sterilization procedure to report it as soon as possible. An individual who knows about a prohibited abortion or sterilization procedure but fails to report it is subject to a fine, a prison term of up to three years, or both.
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.
New Deal for New Americans Act of 2021 This bill provides assistance to immigrants and addresses issues related to naturalization. The bill establishes the National Office of New Americans to (1) welcome and support immigrants, (2) promote and support immigrant integration, and (3) promote the pursuit of U.S. citizenship among immigrants. The bill also establishes grant programs for eligible entities that provide (1) legal services for immigrants, (2) English language education that focuses on integrating students into society, and (3) workforce development training that supports the economic integration of immigrants. The bill also reauthorizes the Citizenship and Integration Grant Program within U.S. Citizenship and Immigration Services (USCIS). USCIS shall establish a nonprofit entity to spur innovation in the expansion of citizenship preparation programs and to support assistance for immigrants seeking permanent resident status or citizenship. The bill also requires the Department of Homeland Security to (1) report to Congress before increasing fees for immigration adjudication and naturalization services above the levels of such fees on January 1, 2019, and (2) waive or reduce certain immigration-related fees for low-income aliens. The bill also (1) waives the English proficiency requirement for the naturalization of certain permanent residents, (2) repeals the public charge ground for deportation, (3) requires states to provide for automatic voter registration to qualifying new citizens unless that individual declines, and (4) sets a floor of 125,000 to the maximum number of refugees who may be admitted into the United States each year.
Repeal Existing Policies that Encourage and Allow Legal HIV Discrimination Act of 2021 or the REPEAL HIV Discrimination Act of 2021 This bill concerns the burdens that federal and state laws, policies, and regulations may place upon people living with human immunodeficiency virus (HIV). The bill directs the Department of Justice (DOJ), the Department of Health and Human Services (HHS), and the Department of Defense (DOD) to initiate a national review of federal (including military) and state laws, policies, regulations, and judicial precedents and decisions regarding criminal and related civil commitment cases involving people living with HIV. DOJ must transmit to Congress and make publicly available the results of such review with related recommendations. DOJ and HHS must (1) develop and publicly release guidance and best practice recommendations for states, and (2) establish an integrated monitoring and evaluation system to measure state progress. DOJ, HHS, and DOD must transmit to the President and Congress any proposals necessary to implement adjustments to federal laws, policies, or regulations. This bill shall not be construed to discourage the prosecution of individuals who intentionally transmit or attempt to transmit HIV to another individual.
Protection of Kids in Immigrant Detention Act or PROKID Act This bill establishes the Office of the Ombudsperson for Immigrant Children in Government Custody within the Department of Health and Human Services (HHS). The office shall ensure that if government detention of an immigrant child is necessary, that child is held in the least restrictive setting. The office shall also advocate for (1) the quick and safe release of such a detained child, and (2) a child who was detained with family to be released concurrently with a parent or legal guardian. The office's duties shall include (1) monitoring facilities with immigrant children held in government custody to ensure compliance with applicable laws and standards, (2) investigating claims of mistreatment and complaints against foster care providers, (3) reviewing contested decisions about the placement of an immigrant child, and (4) reviewing data from HHS and the Department of Homeland Security (DHS) relating to such children. The office may also offer individual case assistance to such a detained child who requires expedited processing or elevated attention. The office may also issue subpoenas with HHS approval. DHS and HHS must ensure that the office has the ability to conduct investigative and monitoring activities, including by providing unobstructed access to any detention facility with immigrant children. The office and DHS shall enter into a memorandum of understanding to coordinate oversight between DHS and HHS. The bill also establishes an expert advisory committee to assist the office and an interagency working group to identify and discuss concerns related to detained immigrant children.
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.
